Resolution would circumvent Laconia's City Charter

To The Daily Sun,

On Nov. 9, 2018, a first reading of “resolution” to add RSA 31:95-b to the city charter, (Item 16.C.IV was tabled at the meeting of 11/23/2015 pending the outcome of legal matters). A second first reading of a resolution #2019-05 took place on 22 April 2019, Item 20.B “the process involved with receiving funds outside of the budget process”.

The council waived a reading; to wit, neither the public in attendance nor the live broadcast viewers had any idea how involved or the ramification of such a resolution. The council currently moved to schedule a second reading and public hearing on May 13, 2019.

No empowering legislation exists that the legislature saw fit to include language associated with RSA 49-B, to avoid a “public hearing” regarding the source of any unanticipated revenues or property having value, after the budget has been adopted.

RSA 31:95-b Empowering Legislation was added by the legislature so Towns, not a City, could avoid a new warrant article needed for approval by voters at a special town meeting.

The city council currently believes it can by amendment to the Charter to simply erase the public hearing and notice thereof by utilization of RSA 31:95-b. The council believes by resolution #2019-04 it will be able to accept gifts of private property by empowering legislation attributed to a Town RSA 31:95-e.

Both Resolution #2019-05 and #2019-04 conflict with the State Constitution, City Charter and Laws.

This resolution, clearly, is so the City Manager can accept and expend funds after the budget has been adopted, deposit the new revenues into off-budget bank accounts to appropriate then expend. The so-called streamlined process to avoid having to pay for notices every time unanticipated money less than $10,000 is an erosion of transparency. The legislature has not and would not pass an act that leads to a presumption that could lead to an absurd or illogical result of eliminating a city’s “public hearing” or notice thereof.

NOTE; RSA 32:25 is clear: “Any city, town, unincorporated town, unorganized place, school district, village district, or county may...” The same for RSA 32:26. There is no city in RSA 31:95-b or 31:95-e. The council cannot simply add new charter sections without identifying the charter section to be amended. Sect. 5:06, Appropriations After Budget Is Adopted is not applicable. “No appropriation shall be made for any purpose not included in the annual budget as adopted unless voted by a two-thirds majority of the Council after a ‘public hearing’ held to discuss said appropriation. The Council shall by resolution designate the source of any money so appropriated. Procedures for appropriation of funds, after ‘notice’ and ‘public hearing by a 2/3 vote’ for purposes not included in the annual budget as adopted. RSA 49-C:23,VI.”

RSA 31:95-b does not require a 2/3 vote of the selectmen! The intent of the “City Manager and Staff” clearly intends to delete “Public Hearings” and “Notices” associated with Supplemental Revenues of $10,000 or less.

Thomas A. Tardif

Laconia