Thomas A. Tardif: Entire council must approve issuing bonds, not just a committee

To The Daily Sun,

The weekly “history” article by Mr. Huse, 10 Years Ago, included the 19 Charter Amendments proposed by the Laconia city manager, adopted by the City Council. The issue was that of the volumes of amendments mandated a Charter Review Commission.

A Pro Se group exercised the legal option to petition the Superior Court: Commission v Amendments.

Court Rules for unrepresented petitioners (class action) only allow one individual to speak. I was voted the representative to address the court.

After oral arguments, the court order found in favor of the city, denying the petitioners request for a charter commission. The court’s order did not and would not state it FLATLY disagreed with the complaint dismissing the petition. The non-attorney pro se group simply did not prevail.

The repercussions of the adoption of the 19 amendments and most recent amendments to the charter are apparent. The city is now governed by town laws.

On July 23, 2018 the Finance Committee of three council members voted that; The city shall issue and sell bonds in the aggregate principal amount of $700,000 for the following project: RESOLUTION 2018-15 Police Radio, Dispatch & Tower Upgrades. The (“bond”) under and pursuant to the Municipal Finance Act (RSA 33), and other laws in addition thereto, and Resolution No RES – 2018-18 which was approved by the City Council on July 9, 2018.

NOTE: This was all accomplished by the “Finance Committee” on July 23, 2018. No record exist that the City Council voted to approve the $700,000 bond. In fact Resolution 2018-15 is for an addendum to the 2019 Budget’s General Fund, only documented under Police Department Account numbers 499, 497 (These funds will be used to the replacement/upgrade needed for the Police & Fire radios, tower and system upgrades as well as police dispatcher), which are not found in the 2019 budget. More over, Resolution 2018-18, Water Fund, has nothing related to the TOWER, which was not read into the record, the proverbial “by title only?”

CHAPTER 33, MUNICIPAL FINANCE ACT, Section 33:9 City Bonds:The issue of “bonds” or tax anticipation notes by a city shall be authorized by a resolution of the city councils, passed by at least two-thirds of all the members of each branch thereof. All such bonds and notes shall be signed by a mayor and countersigned by the city treasurer, and shall have the city seal affixed thereto.

Point: since the voters adopted Chapter RSA (33) the city habitually authorized BONDS by the Finance Committee, rubber stamped by the council by title only. Transparency!

Thomas A. Tardif

Laconia