Board of Aldermen 01-25-2022 Page 20
Alderman Klee
Thank you Madam President. Again | have another questions and again it’s probably to Corporate Counsel. The next
time that the Board of Health | believe comes together would be on 2/9. That’s after our February 8". If they decided at
that time that the numbers were coming down and that we could lift this mandate, do we all have to come together or do
we have to wait until the next meeting, or is it something that the Mayor can cancel? We have to come together as a
Board of Aldermen and vote on that. Is that correct?
Steve Bolton, Corporation Counsel
That is correct.
Alderman Klee
Okay, thank you. That answers it.
| just want to make a side comment. I, too, like surveys and | listen to my constituents. The truth is the majority of my
constituents have said they are for it. | can’t say that it’s 99 or 95 percent but | would definitely say a strong majority have
said that they were for. One thing | do find out especially on social media is that people have a tendency to speak out
when they don’t like something or they’re upset by something. Those that are for something such as this mandate feel
bullied and they're afraid to do it.
At the beginning of this pandemic, | think the people that didn’t want to be masked and didn’t want to be vaccinated, they
felt bullied because they would get bullied in grocery stores and so on — put on a mask, put on a mask. | think that the
tables have turned and those that are for masks are feeling bullied. | had a number of people that contacted me and very
specifically said please don’t use my name but | am for it. I’ve had a few other people that said that | could use her name
or forward their e-mail. The truth was | just got tired of everybody being bombarded with e-mails and didn't forward all
these e-mails to all of us but they are. They really do — | think it’s a mixed. | think the city is split and | think we literally
walked around and knocked on every door, we would find that we have a 50/50 within the city. I’m not saying 95/10. |
think really a 50/50 and as such, | think we have a Board of Health. If we don’t listen to them, why have them. Thank you.
| will be voting for it.
Alderman Lopez
| just had a question for Attorney Bolton. A question was made are we receiving grants that are requiring to put this
mandate into effect? I’m not aware of a grant being able to compel aldermen to vote a certain way. Is there anything that
was being alluded to that you’re aware of that would compel members of this Board to vote?
Steve Bolton, Corporation Counsel
There is nothing. The motivation for this is not because we’re compelled by any federal grant. It’s never been brought up
by anyone other than those opposed to this. There were a couple other questions that were asked that | can provide
responses to. Someone said it was telling that no one could provide a response. The fact is, | can fully respond.
One of the questions was by what State Statute do we have the authorization to the Board of Aldermen to enact
something like this. The answer is RSA 47:17 XV which authorizes city councils which in Nashua’s case is the Board of
Aldermen to enact ordinances which they deem to be for the wellbeing of the city. You tested that last year when we had
an ordinance requiring face coverings. We went to court and NH Superior Court upheld this Board’s decision to enact
such an ordinance and cited that provision of State law.
The other Statute that was raised by one of the speakers is RSA 31:5. Chapter 31 is the powers of towns. It’s specifically
not applicable to cities and other municipalities who can appropriate funds through a Board of Aldermen, city council, or
town council. It only applies to towns that appropriate funds by way of a town meeting. 31:5 speaks to such a town
petitioning the Superior Court to enable it, to hold a special town meeting to enable a supplemental appropriation. For
those of you who have been on this Board for any length of time knows that routinely when necessary the Board has the
authority to have meetings where supplemental appropriations are made. That’s not what this ordinance is. There’s no
appropriation in the ordinance at all. So for both of those reasons, RSA 31:5 doesn’t apply at all. Thank you.
Alderman Lopez
| just had a follow up question to - a cultural responsibility was referenced earlier. The earlier mask mandate required
