Charter Commission Looks at Ballot Voting and Nothing Else
The full discussion regarding the Charter Commission is available at LondonderryNH.net
"Just 11 months ago the Town Council floated an idea to change the form of government for Londonderry, New Hampshire. Presently the town has a budgetary town meeting form of government through a charter. The charter also created a town council with five members, and a town manager. The council sets the strategic direction of the town and sets the policies by which the Town Manager operates the government."
Tom, as President Ronald Regan use to say, "There you go again."
You continue to plant the seeds of false comments, you have been in town politics for many years and you are well aware/educated on the NH laws and the charter.
I am shocked at your comments to the Charter Commission where you stated in your above post that "The Charter Commission majority was unfortunately so rigid in their thinking that they refused to consider solving this "problem" easily by making a simple change to the Town Charter to move those union contracts to the Tuesday ballot rather than the Saturday Town Meeting. Instead they've recommended a much more dramatic change to make Londonderry look more like a Massachusetts or New Jersey type town."
You know damn well this is untrue because the Charter Commission did not have that authority per the question that was put on the ballot and overwhelmingly passed.
Now in order to make your suggested changes, we would have to have the council put on the ballot a warrant article to form a new Charter Commission or a citizens petition to get it on the March 2011 ballot to form a committee. Then once passed the new Charter Commission would make their recommendation and it would go to the March 2012 ballot for the voters to decide. This is not an easy process but a long drawn out process.
I think you are insulting the Charter Commission with your false statements and a definite insult to the intelligence of the Londonderry Voters who supported overwhelmingly looking into SB2 change.
Many studies on SB2 show that it puts the people back in charge and not the special interest groups that have taken over the town meetings throughout the state. Many southern tier towns have gone SB2 because of the growth that has happen in the past and the declining voters showing up at town meetings.
SB2 in my opinion is a win-win for Londonderry because now instead of 250 people making the decision, they will have a 30 day window to think about what decisions was made at the deliberative and then many voters throughout the town can take the time to show up at the polls where they will have a say on how their taxes are spent by the power of their vote.
My brother has been in this town for almost 15 years, always worked the weekend shift and could never make any town meeting along with nay other residents who work in Massachusetts. Many people do an absentee ballot and many residents are spending quality family time every opportunity they get and do not want to sit in a meeting for 5 or more hours.
You insult the Charter Committee by saying we thrash the original Town Meetings but yet you don't talk about how the town a few years back change the way our traditional town meeting was held with their charter changes and you don't talk about the intimidation that had gone on at those meetings. I have not seen you once put forward a petition for the school to change back to traditional town meeting, Hmmm could it be because the process is flawed in favor of the school governing body to put forward anything they want and the people who show up are stifle on their freedom of speech and denied a vote because there is not a quorum. Could it be that many people move here because of our schools and then after graduation move out of town? In my opinion we have the best band in the country and they attract many families to our town.
With today's technologies people can sit in their living rooms and watch the budget process/discussion going on, use the internet to gain warrant article information and let's not forget the newspapers.
Just look at this site on how we can view and debate issues and weed out the lies and how some stretch the truth in just a few strokes of the key board.
I thank the 3 members of the last year's council who pushed to put SB2 on the ballot, because they took the step to protect all Londonderry Residents to have an opportunity to cast their vote on how their taxes are spent without any intimidation.
Last time I check that is their constitutional right and you want to take it away and have it controlled by 250 people. Mike Brown, Sean Okeefe and Brian Farmer, thank you for your hard work in giving the people an opportunity to take back their control of government.
By the way, I was looking for you at all our Charter Commission Public Comments time and you were no where to be found to express your opinion but you did take the time to give your letter to one member of the commission, where others took the time to send it to all the members. There were a couple of other letters that were read to the commission against the SB2 but I don't see them fighting to get rid of SB2 on the school side if it is so bad.
We will agree to disagree on this one!!!
In my opinion you owe the Charter Commission an apology and the people of Londonderry for insulting their intelligence with your false statements.
Once again please check out this article which is non-partisan or do your own Google search on the pro's and con's of an SB2.
Jim Loiselle, I do have a large EGO because I take pleasure in speaking up for those residents who choose not to and I am not ashame in saying so.
In case anyone did not read our NH Constitution here is Article 11.
NH Constitution http://www.nh.gov/constitution/billofrights.html
[Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office.
June 2, 1784
Amended 1903 to provide that in order to vote or be eligible for office a person must be able to read the English language and to write.
Amended 19l2 to prohibit those convicted of treason, bribery or willfull violation of the election laws from voting or holding elective office.
Amended 1942 to provide for absentee voting in general elections.
Amended 1956 to provide for absentee voting in primary elections.
Amended 1968 to provide right to vote not denied because of nonpayment of taxes. Also amended in 1968 to delete an obsolete phrase.
Amended 1976 to reduce voting age to 18.
Amended 1984 to provide accessibility to all registration and polling places.
Amended 1903 to provide that in order to vote or be eligible for office a person must be able to read the English language and to write.
Amended 19l2 to prohibit those convicted of treason, bribery or willfull violation of the election laws from voting or holding elective office.
Amended 1942 to provide for absentee voting in general elections.
Amended 1956 to provide for absentee voting in primary elections.
Amended 1968 to provide right to vote not denied because of nonpayment of taxes. Also amended in 1968 to delete an obsolete phrase.
Amended 1976 to reduce voting age to 18.
Amended 1984 to provide accessibility to all registration and polling places.
...just like at Town Meeting, at the Deliberative session they can either raise or lower the budget but the default budget is to be set by the RSA. So for some reason the budget is bloated at a Deliberative session the voters can vote in the Default which would be lower in that case.
The key here in my opinion is many more voters will have a say on what is spent in our town verses the small number that shows up at town meeting. Small interest groups that show up at a Town Meeting or a Deliberative Session do not have the final say.
There is normally many more voters who come out to vote on town elections to exercise their right to vote. I rather see an the end result whether I like it or not with 1500 or more people rather than 250.
In my opinion this is Democracy at it's best and every inhabitant gets to vote the same way whether you show up for the Deliberative session or not. Absentee people will get to vote on what effects their wallets.
Hello SA,
On secret ballot, it just means that people will not get intimidated by putting their hand up and their next door neighbor getting mad at them for not supporting their position. Hmm you did read our constitution that gives the voter the right to vote on a secret ballot? You would be surprised of the people who do not want anyone knowing how they vote. I have been bringing the petitions to be signed for secret ballots on pending items to town meeting for quite a few years so there is no intimidation felt by the voter.
On secret ballot, it just means that people will not get intimidated by putting their hand up and their next door neighbor getting mad at them for not supporting their position. Hmm you did read our constitution that gives the voter the right to vote on a secret ballot? You would be surprised of the people who do not want anyone knowing how they vote. I have been bringing the petitions to be signed for secret ballots on pending items to town meeting for quite a few years so there is no intimidation felt by the voter.
You are very right on me being against government handouts but I highly support government giving a hand up to help people until they get back on their feet. I do not support people being on welfare for years when they can be working. This does not include the disable!!!
Just because anyone serve's the people in an elected position does not mean they vote in accordance with our constitution. You can vote against the incumbents all you want, it's great to be an American and have that right. I would hope you do your homework on your 9 Incumbents and Senator Carson because you will see that we all voted against the raising of the registration fees and the other 66 fees that were raised. You will see that we all voted on Sharon Carson's bill to protect our schools from losing 1.7 million in state aid which goes on your tax bill for you to pay. If you checked your incumbents record here in Londonderry you will see that all of us fought the cost shifting of our county nursing home from the state to the local tax payer, YOU.
If you can figure out on how I can make every resident happy on each vote we cast, please advice ASAP because there are going to be people in town who will agree or disagree and that is life in the world of politics. I have not learned how to make 100% of our residents happy yet!!!
So if you are independently wealthy than vote for the Democrats who raised the budget over 25% in the past 4 years, blew the 87 million dollar rainy day fund, voted against parents rights, raised almost 7o fees, put in a business killer tax like the LLC tax, (repealed this year) and a camp ground tax (repealed this year) and let's not forget the dividends tax if you have any stock. Oh I almost forgot about the gambling tax (10%) if you win a lottery ticket for over $600.00. I could go on and on about the damage the Democrats have done to this state that your incumbents (Republicans) in your district voted against. Oh did I mention on how they bonded over 90 million to balance the operating budget?
If you are saying I had a special interest in changing the government to SB2, your right and you think that is wrong, oh well I am sure that there are many more tax payers who agree with me on SB2 and time will tell at the polls. I am proud of where I stand on SB2!!!
So I guess we will agree to disagree on many issues and if you verify what I wrote you would see that it is fact.
Whether you vote for me or the Democrats, at least you exercised your constitutional right to vote.
Just my opinion!!!
Jim,
You are right because Kathy comments are not right because it plants a seed of deceit. If you read the RSA on Official Ballot it is SB2. I don't have a clue on what she means on a special interest rule. The motion I made was in accordance with the wording that was put on the ballot. I made it clear to all that official ballot was known as SB2 per RSA below.
You are right because Kathy comments are not right because it plants a seed of deceit. If you read the RSA on Official Ballot it is SB2. I don't have a clue on what she means on a special interest rule. The motion I made was in accordance with the wording that was put on the ballot. I made it clear to all that official ballot was known as SB2 per RSA below.
AL
Optional Form of Government – Official Ballot Referenda
40:12 Definition. In this subdivision "local political subdivision" means any local political subdivision of the state whose legislative body raises and appropriates funds through an annual meeting.
40:13 Use of Official Ballot.
I. Notwithstanding RSA 39:3-d, RSA 40:4-e, or any other provision of law, any local political subdivision as defined in RSA 40:12 which has adopted this subdivision shall utilize the official ballot for voting on all issues before the voters.
II. The warrant for any annual meeting shall prescribe the place, day and hour for each of 2 separate sessions of the meeting, and notice shall be given as otherwise provided in this section. Final budgets and ballot questions shall be printed in the annual report made available to the legislative body at least one week before the date of the second session of the annual meeting..
II-a. Notwithstanding any other provision of law, all local political subdivisions which adopt this subdivision, who have not adopted an April or May election date under RSA 40:14, X shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting:
(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in January.
(b) The "budget submission date" as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in January.
(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a and RSA 675:3 shall be held on or before the third Tuesday in January.
(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in January.
II-b. Notwithstanding any other provision of law, all political subdivisions which hold their annual meetings in April shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting.
(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in February.
(b) The "budget submission date" as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in February.
(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a and RSA 675:3 shall be held on or before the third Tuesday in February.
(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in February
II-c. Notwithstanding any other provision of law, all political subdivisions which hold their annual meetings in May shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting.
(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in March.
(b) The "budget submission date" as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in March.
(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a and RSA 675:3 shall be held on or before the third Tuesday in March.
(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in March.
II-d. The voter checklist shall be updated in accordance with RSA 669:5 for each session of the annual meeting.
III. The first session of the annual meeting, which shall be for the transaction of all business other than voting by official ballot, shall be held between the first and second Saturdays following the last Monday in January, inclusive of those Saturdays; between the first and second Saturdays following the last Monday in February, inclusive of those Saturdays; or between the first and second Saturdays following the last Monday in March, inclusive of those Saturdays at a time prescribed by the local political subdivision's governing body.
IV. The first session of the meeting, governed by the provisions of RSA 40:4, 40:4-a, 40:4-b, 40:4-f, and 40:6-40:10, shall consist of explanation, discussion, and debate of each warrant article. A vote to restrict reconsideration shall be deemed to prohibit any further action on the restricted article until the second session, and RSA 40:10, II shall not apply. Warrant articles may be amended at the first session subject to the following limitations:
(a) Warrant articles whose wording is prescribed by law shall not be amended.
(b) Warrant articles that are amended shall be placed on the official ballot for a final vote on the main motion, as amended.
V. [Repealed Ch. 318, Laws of 1997. ]
V-a. Any town may vote to require that all votes by an advisory budget committee, a town budget committee, and the governing body or, in towns without a budget committee, all votes of the governing body relative to budget items or any warrant articles shall be recorded votes and the numerical tally of any such vote shall be printed in the town warrant next to the affected warrant article. If a town has not voted to require such tallies to be printed in the town warrant next to the affected warrant article, the governing body may do so on its own initiative.
VI. All warrant articles shall be placed on the official ballot for a final vote, including warrant articles as amended by the first session. All special warrant articles shall be accompanied on the ballot by recommendations as required by RSA 32:5, V, concerning any appropriation or appropriation as amended.
VII. The second session of the annual meeting, to elect officers of the local political subdivision by official ballot, to vote on questions required by law to be inserted on said official ballot, and to vote on all warrant articles from the first session on official ballot, shall be held on the second Tuesday in March, the second Tuesday in April, or the second Tuesday in May, as applicable. Notwithstanding RSA 669:1, 670:1, or 671:2, the second session shall be deemed the annual election date for purposes of all applicable election statutes including, but not limited to, RSA 669:5, 669:19, 669:30, 670:3, 670:4, 670:11, 671:15, 671:19, and 671:30-32; and votes on zoning ordinances, historic district ordinances, and building codes under RSA 675.
VIII. The clerk of the local political subdivision shall prepare an official ballot, which may be separate from the official ballot used to elect officers, for all warrant articles. Wording shall be substantively the same as the main motion, as it was made or amended at the first session, with only such minor textual changes as may be required to cast the motion in the form of a question to the voters.
IX. (a) "Operating budget" as used in this subdivision means "budget," as defined in RSA 32:3, III, exclusive of "special warrant articles," as defined in RSA 32:3, VI, and exclusive of other appropriations voted separately.
(b) "Default budget" as used in this subdivision means the amount of the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, and reduced by one-time expenditures contained in the operating budget. For the purposes of this paragraph, one-time expenditures shall be appropriations not likely to recur in the succeeding budget, as determined by the governing body, unless the provisions of RSA 40:14-b are adopted, of the local political subdivision.
X. If no operating budget is adopted, the local political subdivision either shall be deemed to have approved the default budget or the governing body may hold a special meeting pursuant to paragraph XVI to take up the issue of a revised operating budget only; provided that RSA 31:5 and RSA 197:3 shall not apply to such a special meeting. If no operating budget article is adopted the estimated revenues shall nevertheless be deemed to have been approved
XI. (a) The default budget shall be disclosed at the first budget hearing held pursuant to RSA 32:5 or RSA 197:6. The governing body, unless the provisions of RSA 40:14-b are adopted, shall complete a default budget form created by the department of revenue administration to demonstrate how the default budget amount was calculated. The form and associated calculations shall, at a minimum, include the following:
(1) Appropriations contained in the previous year's operating budget;
(2) Reductions and increases to the previous year's operating budget; and
(3) One-time expenditures as defined under subparagraph IX(b).
(b) This amount shall not be amended by the legislative body. However, this amount may be adjusted by the governing body, unless the provisions of RSA 40:14-b are adopted, acting on relevant new information at any time before the ballots are printed, provided the governing body, unless the provisions of RSA 40:14-b are adopted, completes an amended default budget form.
(c) The wording of the second session ballot question concerning the operating budget shall be as follows: "Shall the (local political subdivision) raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling $_____? Should this article be defeated, the default budget shall be $_____, which is the same as last year, with certain adjustments required by previous action of the (local political subdivision) or by law; or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only."
XII. Voting at the second session shall conform to the procedures for the nonpartisan ballot system as set forth in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling place, and polling hours.
XIII. Approval of all warrant articles shall be by simple majority except for questions which require a 2/3 vote by law, contract, or written agreement.
XIV. Votes taken at the second session shall be subject to recount under RSA 669:30-33 and RSA 40:4-c.
XV. Votes taken at the second session shall not be reconsidered.
XVI. The warrant for any special meeting shall prescribe the date, place and hour for both a first and second session. The second session shall be warned for a date not fewer than 28 days nor more than 60 days following the first session. The first and second sessions shall conform to the provisions of this subdivision pertaining to the first and second sessions of annual meetings. Special meetings shall be subject to RSA 31:5, 39:3, 195:13, 197:2, and 197:3, provided that no more than one special meeting may be held to raise and appropriate money for the same question or issue in any one calendar year or fiscal year, whichever applies, and further provided that any special meeting held pursuant to paragraphs X and XI shall not be subject to RSA 31:5 and RSA 197:3 and shall not be counted toward the number of special meetings which may be held in a given calendar or fiscal year.
40:14 Method of Adopting Official Ballot Referendum Form of Meeting.
I. This subdivision may be adopted by any local political subdivision as defined in RSA 40:12. A 3/5 majority of those voting on the question shall be required to adopt this subdivision. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.
II. Adoption of this subdivision shall be deemed to constitute a vote to conduct the election of town officers by official ballot under RSA 669:14.
III. The local political subdivision shall place the question on the warrant of the annual meeting under the procedures set out in RSA 39:3 or RSA 197:6, and the question shall be voted on by official ballot in accordance with the procedures established in RA 669:19-29, RSA 670:5-7, and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours.
IV. A public hearing shall be held by the local governing body on the question at least 15 days, but not more than 30 days, before the question is to be voted on. In multi-town districts, a public hearing shall be held in each town embraced by the district, none of which shall be held on the same day. Notice of the hearing shall be posted in at least 2 public places in the town and at least 2 public places in each town of multi-town districts, and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.
V. The wording of the question shall be: "Shall we adopt the provisions of RSA 40:13 (known as SB 2) to allow official ballot voting on all issues before the (local political subdivision) on the second Tuesday of (month)?"
VI. If a 3/5 majority of those voting on the question vote "yes," RSA 40:13 shall apply within the local political subdivision at the annual or special meeting next following. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.
VII. Any local political subdivision which has adopted RSA 40:13 may consider rescinding its action in the manner described in RSA 40:13, III-VI. The wording of the question shall be: "Shall we rescind the provisions of RSA 40:13 (known as SB 2), as adopted by the (local political subdivision) on (date of adoption), so that the official ballot will no longer be used for voting on all questions, but only for the election of officers and certain other questions for which the official ballot is required by state law?" A 3/5 majority of those voting on the question shall be required to rescind the provisions of this subdivision, except in the case of repeal by charter enactment under RSA 49-D. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.
VIII. For any town which has adopted a charter under RSA 49-D:3, the method of adoption shall be the manner of amending the charter as provided under RSA 49-B.
IX. In the event that an alternative method for the adoption of official ballot voting exists under the laws of this state, then once the requirements are met for inclusion of the question on the warrant for annual meeting of whether to adopt this subdivision, nether the governing body nor the legislative body shall commence action to adopt official ballot voting through such alternative method until a final vote is taken on the warrant article. If procedures have been initiated to adopt official ballot voting under an alternative law of this state, then neither the governing body nor the legislative body shall commence action to adopt this subdivision until such alternative procedures are exhausted.
X. In a local political subdivision which has not adopted RSA 40:13 and in which the adoption of RSA 40:13 is to be voted on, the question shall specifically state whether the date for local elections and the second session shall be the second Tuesday in March, the second Tuesday in April, or the second Tuesday in May.
XI. A local political subdivision which has adopted the provisions of RSA 40:13 may change the date for local elections and the second session as follows:
(a) The question may be inserted on the warrant for either an annual or special meeting, either by the local governing body or by petition under RSA 39:3 or RSA 197:6.
(b) A public hearing shall be held by the local governing body on the question at least 15 days, but not more than 30 days, before the question is to be voted on. In multi-town districts, a public hearing shall be held in each town embraced by the district, none of which shall be held on the same day. Notice of the hearing shall be posted in at least 2 public places in the town, or in at least 2 public places in each town of multi-town districts, and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.
(c) The wording of the question shall be substantially similar to the following: "Shall we change the date for elections and the second session from the second Tuesday in ________ to the second Tuesday in ________, which would change the date for the first session to a date between the first and second Saturdays after the last Monday in ________, inclusive?"
(d) A simple majority in the affirmative of those voting on the question shall be required to change the date; provided, however, that if the question appears on the ballot for a multi-town school district, the vote in each town or city comprising the district shall be tallied separately, and this section shall not be deemed adopted by the district unless it receives a majority vote from each and every such town and city, tallied separately. Only votes in the affirmative or negative shall be included in the calculation of the majority.
(e) A vote to change the dates of the meeting shall apply to the annual meeting next following the vote.
40:14-a Coordinating Certain Town and School District Elections.
To facilitate voting for future annual meetings, to reduce costs, and to best accommodate the voters of the town, the legislative body of a town, which as not adopted the official ballot referendum form of meeting, although the school district has adopted the official ballot referendum form of meeting, may authorize coordination of future town elections with the school district elections. The joint elections shall be held at a time and place determined by, and shall be supervised by, the election officials of the town, as provided in RSA 671:26. The town and the school board shall allocate the costs of the joint elections in the same manner as in previous years, or as mutually agreed upon by the governing body of the town and the school board.
40:14-b Default Budget Determined by Budget Committee.
I agree with you Jim but the school is still is a modified part of SB2 with the official ballot, deliberative session and the default budget.
I would be more than happy to help the school side out by sending an official letter for a legal Opinion/clarification on the school side for you if needed.
If I do that than I would request an legal opinion on the quorum and not just one Attorneys opinion. If you sit 3 Lawyers down and ask their opinion, I would bet you would get 3 opinions.
Just my opinion!!! LOL
Read the school charter athttp://www.londonderry.org/assets/documents/district/district_charter.pdfand other applicable laws and you will see that the school is not exempt from the laws of the land on SB2 when they adopt the official ballot voting.
I hope I helped you out by reading the laws of NH and not listen to hear say.
Don't believe me, read for yourself!!! Trust but verify!!!
AL
http://www.rollinsford.k12.nh.us/budget/NHDRA%20-%20SB2%20Technical%20Assistance.pdf
NH Department of Revenue Administration
Municipal Services Division
P.O. Box 487
Concord, NH 03302-0487
(603) 271-3397
http://www.nh.gov/revenue
NH Department of Revenue Administration
Municipal Services Division
P.O. Box 487
Concord, NH 03302-0487
(603) 271-3397
http://www.nh.gov/revenue
TECHNICAL ASSISTANCE For SB2
(Official Ballot Referenda)
What is the official ballot referenda?
It is a form of town meeting that has two sessions. The first session (deliberative session) is for explanation, discussion, debate and amendments to the proposed operating budget and warrant articles. The second session (voting session) allows voters to cast their votes for local elections, zoning articles and all warrant articles.
(Official Ballot Referenda)
What is the official ballot referenda?
It is a form of town meeting that has two sessions. The first session (deliberative session) is for explanation, discussion, debate and amendments to the proposed operating budget and warrant articles. The second session (voting session) allows voters to cast their votes for local elections, zoning articles and all warrant articles.
Why is it referred to as SB2?
The original bill proposing the official ballot referenda was Senate Bill 2 in 1995.
The original bill proposing the official ballot referenda was Senate Bill 2 in 1995.
2 SB2 Tech Asst.
Rev. 05/08
(should the proposed operating budget fail). Special and individual warrant articles are separate from the operating budget as prescribed by RSA 40:13, IX. A hearing on the entire budget and default budget must be held prior to posting the warrant and budget in accordance with RSA 40:13, II-a through II-d.
Rev. 05/08
(should the proposed operating budget fail). Special and individual warrant articles are separate from the operating budget as prescribed by RSA 40:13, IX. A hearing on the entire budget and default budget must be held prior to posting the warrant and budget in accordance with RSA 40:13, II-a through II-d.
What is a default budget?
Is there a special default budget form? Can it be amended? A default budget is the budget that is adopted when the proposed operating budget fails if a special meeting is not called to reconsider the operating budget. The default budget is the same as last year with certain adjustments. The calculation must be disclosed on a special default operating budget form showing last year's operating budget with adjustments made per RSA 40:13, IX (b). This form is available on our website athttp://www.nh.gov/revenue/munc_prop/municipalservices.htm . The default budget can be adjusted by the governing body (or budget committee under RSA 40:14-b), acting upon relevant new information. This can be done at any time before the ballots are printed, provided an amended default budget form is prepared.
Is there a special default budget form? Can it be amended? A default budget is the budget that is adopted when the proposed operating budget fails if a special meeting is not called to reconsider the operating budget. The default budget is the same as last year with certain adjustments. The calculation must be disclosed on a special default operating budget form showing last year's operating budget with adjustments made per RSA 40:13, IX (b). This form is available on our website athttp://www.nh.gov/revenue/munc_prop/municipalservices.htm . The default budget can be adjusted by the governing body (or budget committee under RSA 40:14-b), acting upon relevant new information. This can be done at any time before the ballots are printed, provided an amended default budget form is prepared.
What if the proposed operating budget fails?
If the operating budget fails, the default budget is adopted unless the governing body decides to hold one special meeting to address a revised operating budget. See RSA 40:13, XI.
If the operating budget fails, the default budget is adopted unless the governing body decides to hold one special meeting to address a revised operating budget. See RSA 40:13, XI.
Who calculates the default budget for SB2 municipalities?
The local governing body calculates the default budget. However, if a town wishes to have the budget committee calculate the default budget, the question can be put before the voters on the warrant for the annual meeting after a public hearing is held on the question. Passage requires a 3/5 majority ballot vote. Required wording per RSA
40:14-b is: "Shall we adopt the provisions of RSA 40:14-b to delegate the determination of the default budget to the municipal budget committee which has been adopted under RSA 32:14?"
The local governing body calculates the default budget. However, if a town wishes to have the budget committee calculate the default budget, the question can be put before the voters on the warrant for the annual meeting after a public hearing is held on the question. Passage requires a 3/5 majority ballot vote. Required wording per RSA
40:14-b is: "Shall we adopt the provisions of RSA 40:14-b to delegate the determination of the default budget to the municipal budget committee which has been adopted under RSA 32:14?"
What about reconsideration of special or individual warrant articles?
RSA 40:13, XV does not allow reconsideration on votes cast at the second session.
RSA 40:13, XV does not allow reconsideration on votes cast at the second session.
What is the difference between a special and an individual warrant article?
Special warrant articles as defined in RSA 32:3,VI, are appropriations:
1) Submitted by petition; or,
2) Raised by bonds or notes; or,
3) To a separate fund created pursuant to law, such as capital reserve funds or trusts funds; or,
4) Designated on the warrant as a special article or as a non-lapsing or
nontransferable article.
1) Submitted by petition; or,
2) Raised by bonds or notes; or,
3) To a separate fund created pursuant to law, such as capital reserve funds or trusts funds; or,
4) Designated on the warrant as a special article or as a non-lapsing or
nontransferable article.
A special warrant article must be accompanied ON THE BALLOT with a
recommendation (for or against) by the governing body and budget committee (if there is one).
recommendation (for or against) by the governing body and budget committee (if there is one).
Individual warrant articles are not necessarily the same as "special warrant articles". An example of an individual warrant article might be negotiated cost items for labor agreements or items of a one time nature addressed independent of the operating budget.
3 SB2 Tech Asst.
Rev. 05/08
Why is it important to distinguish between a "special" or "individual"
warrant article? The required wording for the operating budget in RSA 40:13, XI specifically states that the operating budget does not include any other appropriations including those voted for in special warrant articles and other appropriations voted separately. The wording of these articles determines whether they can be considered part of the default budget next year.
Rev. 05/08
Why is it important to distinguish between a "special" or "individual"
warrant article? The required wording for the operating budget in RSA 40:13, XI specifically states that the operating budget does not include any other appropriations including those voted for in special warrant articles and other appropriations voted separately. The wording of these articles determines whether they can be considered part of the default budget next year.
Can petitioned articles be changed at the first session?
Under current law, petitioned articles can be amended by the first session, however, no new subject matter may be introduced. What is the due date for petitioned warrant articles (RSA 39:3 and 197:6)
and collective bargaining cost items (RSA 273-A: 1,III) for inclusion in the budget? For a March meeting, RSA 40:13, II-a, (b) requires a submission date no later than the second Tuesday in January.
Under current law, petitioned articles can be amended by the first session, however, no new subject matter may be introduced. What is the due date for petitioned warrant articles (RSA 39:3 and 197:6)
and collective bargaining cost items (RSA 273-A: 1,III) for inclusion in the budget? For a March meeting, RSA 40:13, II-a, (b) requires a submission date no later than the second Tuesday in January.
If the collective bargaining warrant article fails, will the court allow a
special meeting? The governing body may insert a warrant article authorizing one special meeting to address negotiated cost items without petitioning the superior court.
special meeting? The governing body may insert a warrant article authorizing one special meeting to address negotiated cost items without petitioning the superior court.
See our suggested warrant article publication for wording. If an article requesting a special meeting is not put on the warrant or if it is voted down, the governing body may petition the superior court to hold a special meeting.
What forms need to be completed to set the tax rate?
A list of all documents and their due dates required to set the tax rate can be found on our website. SB2 requires additional documents to verify that all appropriations have been made consistent with procedural requirements of the statutes or are not prohibited by statute.
A list of all documents and their due dates required to set the tax rate can be found on our website. SB2 requires additional documents to verify that all appropriations have been made consistent with procedural requirements of the statutes or are not prohibited by statute.
These additional documents are:
Signed Minutes from the Deliberative Session; Signed Official Ballot; and The Count of the Ballot Votes verified with the town or district clerk's signature. The verified count could be included on the official ballot.
Signed Minutes from the Deliberative Session; Signed Official Ballot; and The Count of the Ballot Votes verified with the town or district clerk's signature. The verified count could be included on the official ballot.
How to go back to the old town meeting format.
The Official Ballot Referenda may be rescinded in the same manner as adopted except the wording of the question shall be as prescribed in RSA 40:14, VII. It requires a 3/5 majority vote of those voting to be rescinded.
The Official Ballot Referenda may be rescinded in the same manner as adopted except the wording of the question shall be as prescribed in RSA 40:14, VII. It requires a 3/5 majority vote of those voting to be rescinded.
Operating Budget Wording for "SB2″
The required wording of the operating budget per RSA 40:13, XI is as follows: "Shall the (local political subdivision) raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth
therein, totaling $___________? Should this article be defeated, the default budget shall be $___________, which is the same as last year, with certain adjustments required by previous action of the (local political subdivision) or by law or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only."
The required wording of the operating budget per RSA 40:13, XI is as follows: "Shall the (local political subdivision) raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth
therein, totaling $___________? Should this article be defeated, the default budget shall be $___________, which is the same as last year, with certain adjustments required by previous action of the (local political subdivision) or by law or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only."
It excludes special warrant articles and other appropriations voted separately. To help voters understand the budget amount and wording presented in this article, we suggest you add a note similar to this:
NOTE: This operating budget warrant article does not include appropriations contained in ANY other warrant articles. The goal is to make the ballot clear as to what is or is not included in the operating
budget. DO NOT use a SWEEP (or all inclusive) article, which is essentially a double vote on some items and contrary to RSA 40:13, XI.
Our Suggested Warrant Article publication offers many examples of warrant article wording along with information that may be useful when considering how an article should be written.
budget. DO NOT use a SWEEP (or all inclusive) article, which is essentially a double vote on some items and contrary to RSA 40:13, XI.
Our Suggested Warrant Article publication offers many examples of warrant article wording along with information that may be useful when considering how an article should be written.
This publication, timelines, and numerous other technical publications can be found on our website.
If you have any questions concerning how to perform any of the above steps or to be sure your warrant articles are in proper form, please call your auditor at 271-3397 or email at firstinitiallastname@rev.state.nh.us
To end this quorum question, I will get a Legal opinion from the Attorney General and I will ask what I need to do to get an Administrative response/Opinion as a State Rep from the NH Supreme Court. I will be in Concord next week and I will seek guidance on what I need to do to get an Administrative Opinion and hopefully end this once and for all so we can move on.
If you read our constitution you will see that all charters can be adopted but can not conflict with the law.
AL
[Art.] 39. [Changes in Town and City Charters, Referendum Required.] No law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law.
The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.
November 16, 1966
The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.
November 16, 1966
