Board Of Aldermen - Minutes - 10/10/2017 - P11
takes effect, have a legal right to pass, in the same manner and with the same force and effect as
are herein provided for submission on petition.
Also as a side note: Charter section 108 says the method to supply voters with information about
ballot questions will be described via ordinance (in this case 23-15 above.)
§ 108. Information and arguments
Provisions not in conflict herewith shall be made by ordinance for supplying the voters
with the information and arguments pro and con upon measures submitted to a vote by the
qualified voters of the city and for carrying out the purposes of sections | to 11 of this chapter
[sections 98-108 for this charter].
Through email exchanges with city staff (Clerk and City Counsel) I have learned that the city
counsel has advised not to provide the voters with pro and con information about this fall’s two
ballot questions. The “Keno question” comes via state law and doesn’t fall within Charter
sections 98 through 108 and thus we are not compelled to provide pro and con information for
that question. It is the opinion of city counsel that since the “Arts Center” question isn’t legally
binding that it doesn’t qualify to have the support of the city providing pro and con information.
There is no such exclusion in Charter section 102 regarding non-binding questions. It has been
suggested that “same force and effect” means legally binding and thus a non-binding resolution
is excluded. I submit that purpose of Charter Section 102 is to allow the Board to generate ballot
questions for anything it could normally consider via Ordinance or Resolution — binding or not.
Since the Board of Aldermen has submitted, voted on, and passed countless non-binding
resolutions we can consider the ballot question to be a “proposed measure” which the “respective
board has a legal right to pass.” And as such that question is giving the same informational
support from the city “in the same manner” as one generated by public petition.
It is Charter section 102 which gives the Board of Aldermen the mechanism to create a ballot
question in the first place. The very existence of the Arts Center question is proof of it qualifying
for informational support by The City.
Finally: Even if The City was not compelled to generate educational pro and con information I
have not found any charter clause that prevents us from providing such information.
THEREFORE the Board of Aldermen hereby direct the city clerk and the city counsel to provide
pro and con information to the public regarding the Arts Center ballot question as detailed in
Charter paragraph 108 and NRO 23-15.
UNLESS the City staff feel they cannot safely prepare information that does not violate RSA
659:44-a in which case no further action will be taken regarding informing the public relative to
the arts center ballot question.
