SB 2 Gilford

For the third time the school district and for the first time the town will consider whether to abandon the traditional town meeting form of governance in favor of the official ballot format, commonly known as by the legislation that authorized it — Senate Bill 2 (RSA 40:13).

SB2 reduces the traditional annual meeting to a "deliberative session," held 31 to 38 days before voters go the polls to cast their ballot on the warrant articles. A supermajority of three-fifths, or 60 percent, is required to adopt the official ballot.

Since 1995 when SB2 was introduced, 52 municipalities and 66 school districts, most of them in large communities undergoing rapid growth, have changed their form of government. In Belknap County, SB2 was adopted by the school district in Alton in 1998 and the town of New Hampton in 2000. In Sanbornton, SB2 has failed five times, most recently in 2002 when it failed to obtain a majority. That same year, SB2 narrowly failed in Gilmanton, by five votes in the town and one vote in the school district. The Gilford school district rejected SB2 in 2000 and 2001.

Dick Hickok, one of the most frugal members of the Budget Committee, is among those who petitioned for SB2. "It has nothing to do with the budget," he insisted. He explained that a study by the New Hampshire Center for Public Policy Studies (NHCPPS) reported that since the Legislature lowered the threshold required to approve bond articles from two-thirds to three-fifths, the fate of bond articles has been virtually the same in both official ballot and traditional towns. "My whole interest is that 200 or 300 people making decisions for 9,000 people is crazy," Hickok said.

In 2002, when there were 4,341 registered voters in Gilford, some 1,250 — 29 percent — voted, by secret ballot, in the town elections. The next night only about 200 voters — 5 percent — attended the traditional town meeting.

That same year, the school district meeting was considering the issue of a $17-million construction project and about 1,500 voters came out to cast ballots, although much less than half of that number were in attendance in the school auditorium during the debate that preceded a vote. Most participants watched the proceedings on the Lakes Region Public Access cable channel until it was time to vote. Five hours after the meeting began there were only 312 voters left to consider funding a new contract with the teacher's union.

By contrast, Hickok said the NHCPPS study indicates that between 30 and 35 percent of registered voters cast ballots in SB2 municipalities and school districts. "30 or 40 percent is okay," he said. "Five percent is not okay."

Bill Johnson, who opposed SB2 as a state representative, said although lowering the threshold for bond articles softened his opposition, "I'm still not in favor of it. He said his concerns centered on "civic participation," adding "once you adopt SB2, participation goes down. That's a crime." Johnson described the traditional town meeting as "a gem, some might say a relic, of true democracy."

Hickok disagrees. "If you grew up in New England, you love town meeting. Some people say it's the only true democracy," he said. "That's the silliest thing I've ever heard," he declared. "it's the minority deciding for the majority." Hickok doubted "there is more than one person who comes to town meeting without his mind made up on the big issues. And even those with open minds who listen to the debate must vote then and there," he continued. "They can't go home and sleep on it."

Hickok conceded that SB2 was not foolproof, acknowledging that a simple majority at the "deliberative session," which is typically poorly attended in SB2 towns, could amend any article, including spending articles, which can be increased by any amount or reduced to zero. In other words, by enabling a minority to set the agenda, SB2 is open to the same abuse it was intended to prevent.

Instead, of SB2 the NHCPPS report recommended adopting a town charter, which included measures to prevent minorities wielding undue influence over the "deliberative session." For instance, The "deliberative session" could be required to have a specified quorum to conduct business or limited to an advisory role.

"Other things being equal, I'd be just as happy with a charter," Hickok added, "but, we'd have a much harder time getting the town to adopt a charter than to adopt SB2."

Public hearings on the issue are scheduled for the town on February 11 and the school district on February 16, beginning at 7:00 p.m.