MERRIMACK CHARTER
COMMISSION
REGULAR MEETING
November 1, 2005
Commission members present:
Chairman Tom Mahon, Secretary Fran L’Heureux, Peter Batula, Robert Kelley,
Finlay Rothhaus, Tim Tenhave, Lon Woods, and David Yakuboff
Excused: Vice Chairman
Heather Anderson
Chairman Mahon convened the
meeting of the Charter Commission at 7:10 pm in the Conference Room of the Town
Hall.
Announcements
Chairman Tom Mahon noted the
Charter Commission will be holding a Public Hearing on November 8, 2005 at 7:00
PM in the Courthouse. The purpose
of this public hearing is to gather input from the public and to review the
sections of the Charter completed to that date.
Public Comments
Carolyn
Whitlock, 239 Baboosic Lake Road, noted that the Charter Commission is doing an
excellent job. The Commission has
put some things in the proposed Charter that need to be said. She noted that she would like to see
names on the ballot presented in random order rather than alphabetical. Regarding the certification of the
election and appointment, she suggested that a notation be added to the Charter
regarding the alternate wording available for the oath of office. She noted that the compensation and
expenses portion is unfair. She
noted a plan should be devised to not penalize longer serving members of the
Town Council. She noted that all
members of the Town Council should be paid equally.
Tim
Tenhave noted that the alphabetical listing of the candidates on the ballot is
per state law.
Chair – Chairman Mahon noted that a
response has been received from the Charter Commission attorney regarding the
recall portion of the Charter. The
attorney stated that he found no authority in state law to create such
provisions.
Vice Chair – There were no reports from the Vice Chair.
Complete Action
A
motion was made by David Yakuboff and seconded by Tim Tenhave to not include
Section 9.6 Recall of Officeholders.
The motion passed 8-0-0.
A
motion was made by Robert Kelley and seconded by David Yakuboff to move the
following language to the draft charter:
Section IX Citizen Initiatives
9.1 Citizen Concerns
The Council shall establish rules for residents to
address the Council at regular and other meetings. The Council shall provide a minimum time for individuals to
address the Council and the total time that the Council will hear concerns or
proposals at each meeting. The
rules will be reviewed annually.
Individual Petitions, Action Discretionary. The Town Council shall receive all
petitions which are addressed to them and signed by a registered voter and may,
in their discretion, take such action in regard to such petitions as they deem
necessary and appropriate.
Group Petitions, Action Required. The Town Council shall hold a public
hearing and act by taking a vote on the merits of every petition which concerns
a matter in which the town is empowered to act; which is addressed to it; and which
is signed by at least fifty (50) registered voters. The hearing shall be held by the Town Council, or by a
committee or subcommittee thereof, and the action by the Town Council shall be
taken not later than sixty (60) days after the petition is filed with the Town
Manager. Hearings on two or more
petitions filed under this section may be held at the same time and place. The Town Manager shall mail notice of
the hearing to ten (10) petitioners whose names first appear on each petition
at least seven (7) days before the hearing. Notice shall be given by Publication, as defined in Section
4.3(3), of a summary of the contents of a petition at least seven (7) days
prior to all such hearings, at public expense. No hearing shall be held upon more than one petition
containing the same subject matter in any twelve (12) month period. No action by the Town Council under
this section shall be required in the case of any petition to suspend the
implementation of an ordinance adopting a budget or enacting a land use
regulation.
9.2 Initiative Petitions
A. The
registered voters of the Town shall have the power to propose ordinances to the
Council.
B. Commencement of Proceedings. Initiative procedures shall be started
by the filing of an initiative petition with the Town Manager. The petition shall be addressed to the
Town Council, shall contain a request for passage of a particular measure set
forth in the petition, and shall be signed by 500 registered voters.
Signatures to an initiative petition need not be all
in one paper. All such papers
pertaining to any one measure shall be fastened together and shall be filed in
the office of the Town Manager as one instrument, with the endorsement thereon
of the names and addresses of the persons designated as filing the same. With each signature to the petition
shall be stated the place of residence of the signer, giving the street and
number, if any. Within 7 days
after the filing of an initiative petition, the Town Clerk
shall ascertain by what number of registered voters
the petition is signed, and shall attach thereto a certificate showing the
results of such examination.
The Town Manager shall forthwith transmit the
certificate with the petition to the Town Council and at the same time shall
send a copy of the certificate to the first person designated on the petition
as filing the same. When such
certificate establishes that the petition appears to have been signed by the
requisite number of registered voters, the petition shall be deemed to contain
requisite signatures unless written objections are made with regard to the
signatures thereon by a registered voter within seven (7) days after such
certificate has been issued, by filing such objections with the Town Council
and a copy thereof with the Town Clerk.
The validity of any such objection shall be determined by the Town
Council at their next regular meeting.
C. Requirements for Passage and Submission to
Electorate. If the Town Council
determines that the petition contains the requisite signatures of registered
voters, and the petitioned initiative measure may lawfully be passed by the
Town Council, the Town Council shall within twenty (20) days after the petition
has been finally determined to be sufficient: (1) pass the measure without
alternation; or (2) schedule a special Town election to be held on a date not
less than thirty (30) nor more than sixty (60) days thereafter, and submit the
measure without alteration to a vote at that election. However, if any other Town election is
to occur within sixty (60) days after the petition has finally been determined
to be sufficient, the Town Council may omit a special election and submit the
measure to a vote at such other Town election.
The ballot presenting an initiative measure shall
state the nature of the measure in terms sufficient to communicate the
substance thereof. The question
shall be whether the initiative measure should be adopted.
9.3 Referendum Petitions
A. The registered voters of the Town shall have the
power to require reconsideration by the Council of any adopted ordinance.
B. Commencement of Proceedings. Referendum petitions must be filed with
the Town Manager within 30 days after adoption by the Town Council of a measure
of part thereof protested by the petition. Referendum petitions shall identify specifically the measure
or part thereof protested and must be signed by no less than 1250 registered
voters. The procedures of Section
9.2(B) shall apply to referendum petitions except that the words “measure or
part thereof protested” shall, for this purpose, replaced the word “measure” in
the said section whenever it may occur; and t he word “referendum” shall
replace the word “initiative”; and the word “repeal” shall replace the word
“passage” in said section.
C. Suspension of Effect of Measure or Part Thereof
Protested. When a referendum
petition is filed with the Town Manger, the measure or part thereof protested
shall be suspended from taking effect, except for emergency ordinances adopted
under Section 4.5 of this Charter or ordinances adopting a budget or land use
regulation, which shall not be subject to suspension. Such suspension shall terminate when:
1.
There is a final determination of insufficiency of the petition; or
2.
The filers of the petition withdraw it; or
3.
After certification of the Town’s vote on the measure or part thereof
protected.
D. Action on Petition. When a referendum petition has been finally determined to be sufficient, the Town Council shall reconsider the protested measure or part thereof by voting whether to repeal it. If the town Council fails to repeal the protested measure or part thereof within 30 days after the day the petition was finally declared sufficient, the Town Council shall submit the protested measure or part thereof to a vote of the Town as a special Town election to be held on a date fixed by the Town Council. Such special election shall be held not less than 30 nor more than 60 days after the Town Council’s vote on repeal. However, if any other Town election is to occur within 60 days after the Town Council’s vote on repeal, the Town Council may omit a special election and submit the protested measure or part thereof to a vote at such other Town election.
E. The ballot presenting a referendum measure under this section shall state the nature of the protested measure or part thereof in terms sufficient to communicate is substance. The question shall be whether the referendum measure should be repealed.
9.4 Submission of Proposed Measure to the Voters
The Council of its own motion may submit any measure or proposition for repeal or amendment of a measure to the voters at any regular or special Town election.
9.5 Measures with Conflicting Provisions
If two or more proposed measure passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.
The motion passed 8-0-0.
Article VIII – Conduct of Officials
A motion was made by Tim Tenhave and seconded by Fran L’Heureux to move Article 8 as updated by Heather Anderson. The motion passed 8-0-0.
A motion was made by David Yakuboff and seconded by Peter Batula to move the following language to the draft Charter:
Article VIII – Conduct of Officials
Preamble
It is the policy of the Town of Merrimack to uphold,
promote and demand the highest standards of ethics and conduct from all of its
employees and officials, whether elected, appointed or hired. The Town Council, all Town employees
and all members of Town boards, commissions, and committees shall maintain the
highest standards of personal integrity, truthfulness, honesty and fairness in
discharging their public duties, and never abuse their positions or powers for
improper or personal gain.
Purpose
The purpose of this code is to establish guidelines
for the ethical standards of conduct for Town officials, board members and
employees. We expect our public
servants and volunteers to act in the best interest of the Town. We expect Town officials, board members
and employees to disclose any personal, financial or other interests in matters
affecting the Town that come before them for action. We expect Town officials, board members and employees to
remove themselves from decision making if they have a conflict of
interest. We expect Town
officials, board members and employees to be independent, impartial, and
responsible to their fellow townspeople in their actions. We expect that that the Town’s official
decisions and policies be made through the proper channels of government.
We expect that public office or a volunteer position
in our Town not be used for personal gain. It is important that the public has confidence in the integrity
of its government and that Town officials, board members, volunteers and
employees have an opportunity to protect their personal reputation. This code establishes a process by
which one may obtain guidance regarding potential ethical issues and it
establishes a course of action for resolving disputes in a manner that is fair
to all of the parties involved.
Explanation of Code Provisions
I. No Conflict of Interest
Officials, board members and employees of the Town
of Merrimack shall avoid conflicts of interest. As a Town official, board member or employee, you shall not
participate in any matter in which you, or a member of your family, have a
personal interest that may directly or indirectly affect or influence the
performance of your duties. In
such instances, you shall recuse yourself from discussion and
decision-making. Recusal means to
remove yourself completely from all further participation in the matter in
question. Officials, board members
or employees who have been recused shall immediately leave the room or shall
seat themselves with the other members of the public who are present. When recused, you shall not participate
in further discussions, unless you clearly state for the record that you are
doing so only as a general member of the public. As a recused person, you shall not deliberate or vote on the
matter in question.
II. A Duty to Recuse in Quasi-Judicial Actions
A “quasi-judicial action” in any action where the
board or committee you are a member of is acting like a judge or a jury. For example, when your board or
committee has a duty to notify the potential parties, hear the parties, and can
only decide on the matter after weighing and considering such evidence and
arguments as the parties choose to lay before you, you are involved in a
quasi-judicial action. The work of
the planning and zoning boards is largely quasi-judicial. Not only do officials, board members
and employees of the Town of Merrimack have a duty to recuse themselves as
outlined in the section above, you must recuse yourself in a quasi-judicial
action if you would not be qualified to sit as a juror in that case. For example, jurors are not qualified
to sit in a case if they have advised or assisted either party in the matter
being decided, are prejudiced to any degree regarding the pending matter, or
believe they cannot for any reason be totally fair and impartial. As a representative of the Town of
Merrimack, you are expected to hold yourself to this same standard.
III. A Duty to Disclose
As an official, board member or employee of the Town
of Merrimack, you shall not participate in the conduct of business on behalf of
the Town or enter into discussion or deliberation of any matter without first,
publicly and on the record, stating all possible conflict that may exist
between you and your family, and the principals or the issue under
consideration.
IV. No Unfair Personal Use of Town Property
No official, board member or employee of the Town of
Merrimack shall use Town property, services, or labor personally, or make the
same available to others unless such use is available to other residents upon
request on equal terms.
V. No Misuse of Confidential Information
No official, board member or employee of the Town of
Merrimack shall use any confidential information acquired by virtue of that
individual’s official position for personal benefit, or for the benefit of any
other person or business. This
does not apply to information, which is readily available to the general
public.
In addition, no official, board member or employee
of the Town of Merrimack shall violate the privacy of others by publicizing,
gossiping, or discussing information confidentially acquired in the course of
official duties without a legitimate reason to do so.
VI. No Improper Gifts
No official, board member or employee of the Town of
Merrimack shall accept a gift (or allow acceptance of such gift by a family
member) from any individual, group, or corporation that has or is likely to
have a matter pending before the board, committee, or commission on which the
official or employee serves. This
provision of the code is not meant to apply to gifts traditionally exchanged
between family members at holidays or birthdays, for example.
VII. A Duty to Cooperate
All officials, board members and employees of the
Town of Merrimack shall cooperate with the Ethics Committee regarding any
complaint or inquiry alleging violation of this Code of Ethics.
VII. Fair and Equal Treatment
Acting in their official capacity, all officials,
board members and employees of the Town government shall give each and every
person fair and equal treatment.
No official, board member or employee shall in the course of their
official duties give or deny any person special consideration, advantage, or
treatment as a result of the person’s public status, position, sex, race,
religion, creed, sexual orientation, or national origin.
Definitions of Terms
As used in this Article, the following terms shall
have the meanings indicated:
Board: Any board, committee or
commission, permanent or special, established by the Town Council under New
Hampshire State Law or this charter.
Complainant: A resident of the Town of
Merrimack who has submitted a petition to the Ethics Committee requesting an
inquiry or alleging a violation of the Code of Ethics.
Conflict of Interest: A situation, circumstance,
or financial interest that has the potential to cause a private or personal
interest to interfere with the proper exercise of a public duty.
Employee: A person who is paid by the Town of Merrimack for his/her
services, but who is not an independent contractor.
Ethics Committee: The committee established
by Article 4 of this Charter.
Family: Any person who is related
to the official, board member or employee in one of the following ways: spouse,
parent, grandparent, child, grandchild, sibling, or similar relation to the
individual’s spouse. This includes
all persons who are members of the same household as the official, board member
or employee in question, regardless of whether they are related by blood or
marriage.
Interest: Any legal or equitable
right, share, or claim, whether or not subject to an encumbrance or a
condition, which is owned or held, in whole or in part, jointly or severally,
including but without limitation, a right, share or claim to land.
Official: Any elected or appointed
officer, board member, or agent of the Town of Merrimack.
Principals: Those people who are
subject of the action or application that is before the board.
Public Servant: A person who serves the
Town of Merrimack in an official capacity, whether elected or appointed, paid
or unpaid, any Town official, board member or employee.
Recuse: Officials, board members or
employees who have been recused from a matter, shall removed themselves
completely from all further participation in the matter in question. Officials, board members or employees
who have been recused shall immediately leave the room or shall seat themselves
with the other members of the public who are present. The recused person shall not participate in further
discussions, unless they clearly state for the record that they are doing so
only as general members of the public.
Recused persons shall not deliberate or vote on the matter in question.
Respondent: Board member or employee named
in a petition submitted to the Ethics Committee as an inquiry or alleging a
violation of the Code of Ethics.
Resident: A resident of the Town of
Merrimack.
Quasi-judicial Action: Any action where the board
of committee has a duty to notify the potential parties, hear the parties, and
can only decide after weighing and considering such evidence and arguments as
the parties choose to lay before them.
Town: The Town of Merrimack
including all of its departments, boards, commissions, and committees.
The
provisions of this Code of Ethics shall not be interpreted so as to bar:
A. Any
official, board member or employee who is a resident of the Town of Merrimack
from fully participating in any pubic proceeding conducted by the Town;
B.
Acceptance of donations for the expressed purpose of financing a political
campaign, provided such contributions are reported in accordance with all
local, state and federal laws that pertain to such donations;
C.
Participation in a matter that relates to a person or business from which an
official, board member or employee has merely purchased goods or services, if
the individual in question has no other conflict of interest relating to that
person or business;
D. Police
officers, fire fighters, and other emergency personnel from acting in the
course of their official capacities when responding to emergencies in
accordance with the rules and regulations of their departments; and
E.
Supervisors of Town employees from appropriately carrying out personnel
policies.
Merrimack
Ethics Committee
The Town of
Merrimack shall establish an Ethics Committee to:
educate
officials, board members and employees of Town government regarding the
provisions of the ethics code;
Provide
advice and counsel to officials, board members and employees regarding ethical
issues with which they are confronted, and
Hear and
resolve ethics complaints, which are filed against officials, board members and
employees of Town government.
A. Education
1. At the
time that each newly elected or appointed official, board member or employee
takes the oath of office, they shall receive a copy of this code, and
acknowledge in writing that they have received a copy of this code.
2. The
Ethics Committee shall hold a meeting each spring for newly elected or appointed
officials, board members and employees so they may familiarize themselves with
the provisions of this code.
3. It shall
be the responsibility of the supervisor of any new employee to ensure that the
new employee familiarizes themselves with the provisions of this code.
B. Inquiries
The Ethics
Committee shall establish a mechanism by which officials, board members,
employees and residents of the Town of Merrimack may obtain advice and counsel
from the committee regarding ethical issues that may arise from time to
time. Upon request of a Town
official, board member or employee, the Ethics Committee may issue a written
advisory opinion in response to such an inquiry.
C.
Complaints
1. The
Ethics Committee shall:
a.
have the power
to investigate all written complaints, which are files;
b.
establish forms
by which officials, board members, employees, and residents of the Town of
Merrimack may file complaints or request that an inquiry be made;
c.
only review
complaints based on alleged violation of Section 1-8 of this Article. All such request or complaints must be
in writing, shall specify the provision of the code which the complainant
believes was violated, and must be signed by a resident of Merrimack. When signing the complaint the
complainant shall certify that he or she has read the Code of Ethics, that they
believe the matter within the complaint is a fair subject of inquiry, and they
have exhausted all other avenues of relief available to them within our Town
government.
2. Any
official, board member or employee against whom a written complaint is filed
shall be given a copy of the complaint, and upon written
request
shall be afforded an opportunity to be heard and to present evidence to the
Ethics Committee.
3. The
Ethics Committee shall have sole discretion for setting rules regarding the
conduct of hearings. The Committee
shall seek to make sure that both the complainant and the respondent have an
opportunity to be heard and to present evidence, but the committee may limit
the testimony and evidence which is presented to it if in the opinion of the
committee the testimony and evidence in question is irrelevant, unnecessary,
redundant, or unreliable.
4. The
Ethics Committee may require, with sufficient written notice, any official,
board member or employee of the Town government to appear before it to provide
testimony regarding pending complaints.
The Ethics Committee, for this purpose, may administer oaths, and
require the production of evidence such as documents.
5. Within
thirty (30) days of concluding an investigation into a written complaint, the
Ethics Committee shall issue a written statement setting forth its
findings. The Ethics Committee
shall not have the power to impose any monetary or other penalty, only to issue
a written statement as set forth above.
The motion passed 8-0-0.
Begin Review of:
Article VII
- Finance
Tom Mahon noted he had given this proposed language
to the Town’s Finance Administrator, Robert Levan, for comments. Mr. Levan suggested that the form for
the budget posting be specified or that the contents of the form for the budget
be specified. He also has
questions regarding articles related to bonding.
7.1 Fiscal Year
A motion was made by Lon Woods and seconded by David
Yakuboff to adopt the following language:
7.1 Fiscal Year
The fiscal and budget year
of the Town shall begin on the first (1) day of July and end on the thirtieth
(30) day of June unless other dates shall be fixed by action of the Town
Council.
The motion passed 8-0-0.
7.2 Preparation of Budget
Tom Mahon noted that the draft language requires
submission of the proposed budget no later than 120 days before the end of the
fiscal year. He noted this is the
same as the current situation. He
noted this draft language allows for submission more than 120 days before the
end of the fiscal year. There is
no place for the Budget Committee, as it currently exists. There is, however, the opportunity to
create a Budget Committee that is advisory in nature. This advisory Budget Committee would not have the same authority
that the current Budget Committee has.
The Commission felt that the creation of an advisory
Budget Committee is a good idea.
Lon Woods noted that the Commission ought to weigh very carefully
whether the members to this Committee are elected or appointed.
Mr. Mahon noted that this advisory Budget Committee
would not fall under the 10% rule.
He noted that over the last 5 years there has been very little variance
between the recommendations of the Board of Selectmen and the Budget
Committee. He noted that there are
times when the recommendation of the Budget Committee is more than the
recommendation of the Board of Selectmen.
Peter Batula opined that the more eyes which view
the budget on a critical basis the better it is for the public.
A motion was made by Peter Batula and seconded by
Finlay Rothhaus to adopt language in the Charter for an advisory Budget
Committee with 7 members to be elected.
The motion passed 7-1-0.
Mr. Mahon noted there will be a need to readdress
and amend Article 5.2. This
article has already been sent to the attorney for review.
Tim Tenhave and Tom Mahon agreed to work on the
creation of draft language to include this advisory Budget Committee. They asked for guidance from the
Commission. Robert Kelley noted that
this advisory Budget Committee should give its opinion on the budget. Peter Batula noted this Committee
should review individual budgets and discuss the ideas contained within these
budgets. Finlay Rothhaus noted
this Committee should be a check on the part of the town finances. They should do what they currently
do. Fran L’Heureux noted this
Committee should be a watchdog committee to report to the voters.
Mr. Mahon questioned whether the budget should go
from the Town Manager to the Budget Committee to the Town Council. Mr. Batula noted that a report could be
requested from the Budget Committee prior to the review by the Town Council.
Mr. Mahon noted he will talk to Londonderry to see
how they work their advisory Budget Committee. He noted this could be a parallel process, whereas currently
it is a separate process.
7.6 Lapse of Appropriations
A motion was made by Peter Batula and seconded by
Finlay Rothhaus to adopt the following language:
7.6 Lapse of Appropriations
All appropriations shall lapse
at the end of the fiscal year and any unexpended portion thereof shall not be
expended without further appropriation, except as provided in RSA 32:7 as the
same may be amended from time to time.
The motion passed 8-0-0.
7.7 Budget Reports
A motion was made by Peter Batula and seconded by
David Yakuboff to adopt the following language:
7.7 Quarterly Budget
Reports
Quarterly, and more often
if required by the Council, the Manager or his designee shall submit to the
Council data showing the relation between the estimated and actual income and
expenses to date, together with outstanding indebtedness and estimated future
expenses, anticipated transfers, other major variances to the operating budget,
active and anticipated risks to the Town which may impact the operating budget,
and other reports related to present or future revenues and expenses which the
Council may require.
The motion passed 8-0-0.
7.8 Transfer of Appropriations
A motion was made by Lon Woods and seconded by David
Yakuboff to adopt the following language:
7.8 Transfer of
Appropriations
After the budget has been
adopted, no money shall be drawn from the treasury of the Town nor shall any
obligation for the expenditure of money be incurred except pursuant to a budget
appropriation. The head of any
department, with the approval of the Manager, may transfer any unspent balance
or any portion thereof from one fund or agency within his department to another
fund or agency within his department.
The Manager, with the approval of the Council, may transfer any unspent
balance or any portion thereof from one department to another.
The motion passed 8-0-0.
7.9 Capital Improvement Plan
Tim Tenhave noted that the proposed process is
rather different from the current process. He noted that as proposed it is more of a planning tool than
a fiscal tool. Tom Mahon noted
this process could be used both as a planning and a fiscal tool. Mr. Tenhave noted that this process as
proposed would require that the Town Council create a budget and a Capital Improvement
Plan at the same time. The
Planning Board should be the end of the process, not the beginning or the
middle. He noted the Capital
Improvement Plan has value being done before the Budget process. Finlay Rothhaus noted that a time frame
needs to be incorporated within this process.
A motion was made by Peter Batula and seconded by
Robert Kelley to table further discussion on this section. The motion passed 8-0-0.
7.10 Purchasing Procedures
Tom Mahon noted that currently the Town Manager has
the authority to waive the bid requirement. Lon Woods questioned a contract into which a department head
might enter without Town Council or Town Manager approval. Mr. Mahon
noted that if the contract is under the limit the
department head could enter into it.
Most contracts, through are signed by the Town Manager.
A motion was made by Peter Batula and seconded by
David Yakuboff to adopt the following language:
7.10 Purchasing Procedures
(a) Purchasing and Contract
Procedure
The Administrative Code
shall establish purchasing and contract procedure, including the assignment of
all responsibility for purchasing to the Manager or his designed and the
combination purchasing of similar articles by different departments. The Council shall establish dollar
limits for purchases and contracts which must be by competitive bid and shall
establish the bidding procedures.
(b) Purchasing Through
State of New Hampshire of State of New Hampshire Bid Price
No competitive bids shall
be required when purchasing through the State of New Hampshire or at the State
of New Hampshire bid prices.
(c) Waiving of Bid
Requirements
Requirements for bids may
be waived in specific instances by a vote of five (5) members of the Council.
(d) Establishing Maximum
Dollar Amounts For Purchases And Contracts Without Council Approval
The Council shall establish
dollar amounts for purchases and contracts, over which no purchases shall be
made or contracts entered into without the affirmative vote of a majority of
the Council.
(e) Authority of Manager to
Make Purchases and Enter Contracts
If the Council has voted to
make a purchase or enter into a contract, the Manager shall carry out the vote
of the Council and enter into such transaction on behalf of the Town.
The motion passed 8-0-0.
7.11 Special Assessments
Finlay Rothhaus noted he would rather leave this
section out of the Charter. Tom
Mahon noted this section has to do with creating a process to require that
people who benefit from a town service pay for it. He noted this sets up a public hearing process and requires
the vote of 5 Town Council members.
A motion was made by David Yakuboff and seconded by
Fran L’Heureux to adopt the following language:
7.11 Special Assessments
When it appears either by
petition or Council deliberation that the cost of a public improvement should
be defrayed in part or whole by special assessment upon the property especially
benefited, the Town Council shall have authority to so declare by
resolution. The Town Council shall
hold a public hearing prior to enacting any special assessment resolution. Such resolution shall state the
estimated cost of the improvements, the proportion of the cost to be born by
special assessment and the proportion to be born by Town general revenues. The resolution shall designate the
areas of the Town or the premises on which the special assessment shall be
levied and the conditions of payment of the levy. Adoption of the resolution shall require an affirmative vote
of five (5) members of the Town Council.
The Town Council shall prescribe
by ordinance, complete special assessment procedures concerning plans and
specifications estimate of costs, notices, hearings and any other matters
concerning the financing of improvements by the special assessment method.
The motion failed 4-4-0.
7.12 Depository
Tom Mahon noted that this section would allow the
town to put out for bid for banking services.
A motion was made by Lon Woods and seconded by
Robert Kelley to adopt the following language:
7.12 Depository
The Council shall approve
to the Treasurer the depository or depositories for town funds and shall
provide for the timely deposit of all town monies. The Council may require such security for town deposits as
it deems necessary, except that personal surety bonds shall not be deemed proper
security.
The motion passed 8-0-0.
7.13 Bonding of Officials,
Indemnification
A motion was made by Lon Woods and seconded by Fran
L’Heureux to adopt the following language:
7.13 Bonding of Officials,
Indemnification
Bonding
Any Town officer elected or
appointed by authority of this Charter shall be bonded in an amount as required
by New Hampshire State Law or dictated by prudent fiscal practice for the
faithful performance of the duties of the office. The Manager and all officers receiving or disbursing Town
funds shall be so bonded. All
official bonds shall be corporate surety bonds, and the premiums thereon shall
be paid by the Town. Such bonds
shall be filed with the Town Clerk.
Indemnification of
Officers, Board Members, and Employees
The Town shall undertake to
indemnify and save harmless all its officers, officials, boards, commissions,
employees, and volunteers from personal loss and expenses. Expenses may include reasonable legal
fees and costs, if any, arising out of any claim, demand, suit, or judgment by
reasons of negligent acts or omissions, if the indemnified person was acting in
the scope of office or employment and in good faith in accord with the
provisions of New Hampshire State Law.
The motion passed 8-0-0.
7.14 Investments, Trust Funds
A motion was made by Lon Woods and seconded by
Robert Kelley to adopt the following language:
7.14 Investments, Trust
Funds
The Trustees of Trust Funds
shall invest and account for funds under their supervision in accordance with
New Hampshire State Law.
The motion passed 8-0-0.
7.15 Fiscal Control
A motion was made by David Yakuboff and seconded by
Fran L’Heureux to adopt the following language:
7.15 Fiscal Control
The Administrative Code
shall establish procedures governing fiscal control of all Town finances,
including, but not limited to, a pre-audit of all authorized claims against the
Town before payment.
The motion passed 8-0-0.
7.16 Grants, Gifts
A motion was made by Fran L’Heureux and seconded by
David Yakuboff to adopt the following language:
7.16 Grants, Gifts
The Town Council may apply
for, accept and expend monies received from the State, Federal, or other
governmental units, or from private sources which become available during the
fiscal year in accordance with RSA 31:95-b and RSA 31:95-e as the same may be
amended from time to time.
The motion passed 8-0-0.
7.17 Independent Audit
Tom Mahon noted that this audit would include
findings and recommendations of the auditors. It is not required that this information be added to the town
report, but this is usually done by Warrant Article.
A motion was made by Robert Kelley and seconded by
Lon Woods to adopt the following language:
7.17 Independent Audit
Independent compliance and
financial audits shall be made of all accounts of the Town at least annually
and more frequently if deemed necessary by the Town Council. Such audits shall be conducted
according to auditing procedures of the American Institute of Certified Public
Accountants, the National Committee on Government Accounting, and other such
procedures which may be necessary under the circumstances, by certified public
accountants experienced in municipal accounting. Summaries of the results of such audits, including findings
and recommendations and any management letters, shall be made public. At least once every 5 years the Town
Council shall change auditors. An
annual report of the Town’s business for the preceding year shall be made available
to the public not later than 90 days after the close of the fiscal year.
The motion passed 8-0-0.
7.18 Appropriations after adoption of
budget
A motion was made by Peter Batula and seconded by
David Yakuboff to adopt the following language:
7.18 Appropriations after
adoption of budget
No appropriation shall be
made for any purpose not included in the annual budget as adopted, unless
approved by a vote of five (5) members of the Council after a public
hearing. The Council shall, by
resolution, designate the source of any money so appropriated. This provision shall not apply, however,
to emergency appropriations adopted pursuant to Article 4.5 of this Charter.
The motion passed 8-0-0.
7.19 Town Treasurer
A motion was made by Peter Batula and seconded by
David Yakuboff to adopt the following language:
7.19 Town Treasurer
The Town Council shall
appoint, based on merit and fitness, a Treasurer who shall have the powers and
duties prescribed by this Charter and New Hampshire State Law, provided,
however, that in making investments of Town funds the Town Treasurer shall
follow the written investment policy as adopted or modified by the Town
Council.
A Deputy Treasurer may be
appointed in accordance with New Hampshire State Law.
An amendment was made by Finlay Rothhaus and
seconded by Fran L’Heureux to change this position from appointed to
elected.
Peter Batula noted he would hate to see someone
elected who was not qualified to hold the position.
The amendment failed 4-0-0.
Tom Mahon noted that there is no term indicated in
this wording.
A motion was made by Lon Woods and seconded by Fran
L’Heureux to table action on this section. The motion passed 7-1-0.
Mr. Mahon noted this tabling would give the
Commission time to clean up the language and to include a term. It will be brought back to the
table. If the position is elected
a term must be specified, if the position is appointed it can be an open-ended
appointment.
Tim Tenhave noted there is no definition of a deputy
treasurer or the duties of this official.
Mr. Mahon noted that this position and its duties are defined by state
law. The decision to pay these
officials is at the discretion of the Council. He noted he would bring back a proposal for the next regular
meeting.
A motion was made and duly seconded to remove this
section from the table. The motion
passed 7-1-0.
A motion was made by David Yakuboff and duly
seconded to have an appointed Town Treasurer.
Tim Tenhave noted that he sees no reason to change
this from the current procedure.
If necessary, this can be changed at a later date.
The motion failed 2-6-0.
A motion was made by Finlay Rothhaus and seconded by
Fran L’Heureux to make the Town Treasurer an elected position. The motion passed 6-2-0.
A motion was made by Tim Tenhave and seconded by
Fran L’Heureux to adopt the following language:
7.19 Town Treasurer
A. A Town Treasurer shall
be elected at a Town election by the voters of the Town by ballot pursuant to
the applicable provision of New Hampshire State Law. The Town Treasurer shall have the powers and duties prescribed
by this Charter and New Hampshire State Law; provided, however, that in making
investments of town funds the Treasurer shall follow the written investment
policy as adopted or modified by the Town Council, acting with the advice of
the investment advisor.
B. A Deputy Treasurer may
be appointed in accordance with New Hampshire State Law.
The motion passed 6-2-0.
Article XI – Transition
11.1 Effective Date
A motion was made by Peter Batula and seconded by
Fran L’Heureux to adopt the following language:
11.1 Effective Date
This Charter shall take
effect July 1, 2006. Prior to that
date, the Selectmen shall prepare for the transition to the new form of
government.
The motion passed 8-0-0.
11.2 Council, Town Clerk/Tax Collector
and Moderator
A
motion was made by Lon Woods and seconded by Robert Kelley to adopt the
following language:
11.2 Council, Town
Clerk/Tax Collector and Moderator
A. Those Selectmen whose
terms have not expired as of June 30, 2006, shall continue in office as
Councilors until the expiration of their terms and until their successors are
elected and qualified.
B. The persons holding the
following offices as of June 30,2006 shall continue in offices until the
expiration of their terms and successors are elected and qualified: Moderator,
Treasurer, Town Clerk/Tax Collector, Supervisors of the Checklist, Library
Trustees, and Trustees of the Trust Fund.
The motion passed 8-0-0.
11.3 Special Election
A motion was made by Fran L’Heureux and seconded by
Lon Woods to adopt the following language:
11.3 Special Election
The Town shall conduct a
special election on the second Tuesday of June 2006 to elect town councilors
for the following terms: One (1) for a term to run from July 1, 2006 to the
regular town election of April 2009, and One (1) for a term to run from July 1,
2006 to the regular town election in April 2008. Both shall service until their successors are elected and
certified as provided in Article 2.7 of this charter.
All election officers
holding office prior to and at the time of the special election held under this
Charter shall conduct such election and shall have all the powers granted to
them under New Hampshire State Law for such purposes and shall have all the
powers that are granted to their successors under this Charter which are
necessary to conduct properly such election.
The motion passed 8-0-0.
11.4 Abolition of Certain Boards and
Officials
A motion was made by Lon Woods and seconded by Peter
Batula to adopt the following language:
11.4 Abolition of Certain
Boards and Officials
The following Town agencies
shall be abolished effective on the dates listed herein:
A. The Board of Selectmen,
June 30, 2006
B. The Municipal Budget
Committed elected under RSA 32, June 30, 2006
The motion passed 8-0-0.
11.5 Continuation of Government
A motion was made by Lon Woods and seconded by
Robert Kelley to adopt the following language:
11.5 Continuation of
Government
All members of the Town
government, elected or appointed, except those abolished by this Charter, shall
continue to perform their duties until the expiration of their current term,
and until successors to their respective positions are duly appointed, elected
and qualified, or their duties have been transferred. The Board of Selectmen and the successor Town Council shall
take whatever measures are necessary to effectuate an orderly transition and
shall take whatever actions are necessary to enable such transitions in office
to comply with the provisions of this Charter.
The motion passed 8-0-0.
11.6 Continuation and Compensation of
Personnel
A motion was made by Finlay Rothhaus and seconded by
Fran L’Heureux to adopt the following language:
11.6 Continuation and
Compensation of Personnel
A. Until expressly changed
after the effective date of this Charter, the compensation of all officers,
department heads and employees of the Town shall be the same as that in effect
on July 1, 2006.
B. Any person holding an
office or position in the administrative service of the Town, or any person
serving in the employment of the Town shall retain such office or position and
shall continue to perform their duties until provisions shall have been made in
accordance with the Charter for the performance of said duties by another
person or agency; provided, however, that no person in the service or
employment of the Town shall forfeit their pay grade or time in service. All such persons shall be retained in a
capacity as similar to their former capacity as it practical.
C. Removal of personnel for
such issues as inefficiency, poor performance, violation of policies and procedures,
or other disciplinary reasons, in effect at the time of the adoption of this
Charter, shall not be prohibited, provided that the continued or interim
policies and/or contracts are followed.
The motion passed 8-0-0.
11.7 Transfer of Records and Property
A motion was made by Peter Batula and seconded by
Robert Kelley to adopt the following language:
11.7 Transfer of Records
and Property
All records, property, and
equipment of any Town agency, the powers and duties of which are assigned in
whole or part to another Town agency, shall be transferred forthwith to the
Town agency to which such powers and duties are assigned.
The motion passed 8-0-0.
11.8 Effect on Obligations, Taxes, and
Other Legal Acts
A motion was made by Lon Woods and seconded by Fran
L’Heureux to adopt the following language:
11.8 Effect on Obligations,
Taxes, and Other Legal Acts
All official bonds,
recognizance, obligations, contracts, and other instruments entered into or
executed by or to the Town before its adoption
of this Charter; all taxes,
special assessments, fines, penalties, forfeitures incurred or imposed, due or
owing to the Town shall be enforced and collected; all writs, prosecutions,
actions, and causes of action, except as herein otherwise provided, shall
continue without abatement and remain unaffected by the Charter; and no legal
act done by or in favor of the Town shall be rendered invalid by the adoption
of the Charter.
The motion passed 8-0-0.
Questions from the Press
There were no questions from the press at this time.
Public Comments
There were no comments from the public at this time.
Approve Minutes
October 18, 2005 – A motion was made by Tim Tenhave and
seconded by Fran L’Heureux to approve the minutes of October 18, 2005 as
presented. The motion passed
8-0-0.
Commission Member Comments/Remarks
Schedule - Upon
questioning Tom Mahon noted that the Commission only has Articles 7 and 10 left
to complete. He noted that the
Commission is not in bad shape at this point. He also noted that it would be advisable for the Commission
to have a business meeting at the end of the Public Hearing scheduled for next
week, November 8, 2005.
Adjourn – A
motion was made by Lon Woods and seconded by Robert Kelley to adjourn the
meeting at 9:55 PM. The motion
passed unanimously.
Respectfully submitted,
Rita Carlton, Recording
Secretary