Board Of Aldermen - Agenda - 3/22/2022 - P30
Fred S. Teeboom
24 Cheyenne Drive
Nashua, NH 03063
March 3, 2022
Mayor Jim Donchess
President and Members, Nashua Board of Aldermen
Copy: --City Attorney Steve Bolton
--Tom Dolan, Chairman NH House Municipal and County Government Committee
Listening to the NH House Municipal and County Government Committee’s discussion on HB1342 on
1 March I was struck by the gross misrepresentation by a member of that committee, Representative
Patricia Klee, who is also Nashua’s Ward 3 alderman.
Representative Klee, quoting from a 2019 NH Supreme Court decision, stated that Nashua has no
override provision in its Spending Cap. Nothing is farther from the truth. The override of the cap on
spending in the Nashua Charter reads in part:
§ 56-d. Exception to budget limitation (adopted 1993)
The total or any part of principal and interest payments of any municipal bond, whether established for
school or municipal purposes, may be exempted from the limitation defined in paragraph 56-c
upon an affirmative vote of at least ten (10) aldermen. This decision shall be made annually.
The language of this override differs from the NH 2011 laws that enshrined tax and spending caps, but
that difference was “grandfathered” with the language of RSA B:13, II (a), and further clarified with SB-
52 enacted last year, to now read:
RSA 49-B: 13. Il-a (revised 2021)
Notwithstanding RSA 49-B: 1, all town or city charters which have been adopted, revised, or
amended before July 5, 2011 to include a tax or spending cap of any kind and all charter
commissions which have been properly established and elected; all elections properly held; and all
actions properly taken related to the tax or spending cap in such charters are hereby endorsed,
ratified, validated, and legalized and are fully enforceable.
SB52 unambiguously grandfathers all tax and spending caps of any kind and supersedes, with the
highlighted text, an earlier 2019 NH Supreme Court 3:2 decision which (in a highly convoluted analysis)
ignored the NH 2011 “grandfather” clause and thereby ruled the Nashua override invalid.
Representative Klee read from the 2019 NH Supreme Court decision, but as a Nashua alderman was or
should have been, briefed by city counsel and is, or should be, fully aware that the NH Supreme Court
case she quoted has been negated and superseded with SB52.
Ms. Klee pretends to “save” the Nashua override, when in fact, by removing the language inserted in year
2021 (with SB52) through HB1342 she aims to restore the 2019 NH Supreme Court decision. Thereby
she not only “kills” the Nashua spending cap, but “kills” the tax and spending caps of seven (7) NH cities
and towns that passed tax or spending caps before 5 July 2011.
I find Ms. Klee’s e misrepresentation contemptible.
Fred §. Seekwuni ~~,
Former alderman-at-/ar
Author of Nashua’s
