LEGISLATIVE YEAR 2018
RESOLUTION: R-18-073
PURPOSE: Proposing an amendment to the City Charter relative to filling
vacancies in elected boards by majority vote of the remaining
members of that board
SPONSOR(S): Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: The City Clerk estimates the cost associated with a charter
amendment as approximately $200 during a regular municipal
election.
ANALYSIS
This amendment would provide that vacancies in the Board of Aldermen, Board of Education,
Board of Public Works, and Board of Fire Commissioners are to be filled by a majority vote of
the remaining members of that board. Much of the proposed language is the former charter
language relative to filling vacancies on the Board of Aldermen, before the charter was amended
in 2006. In 2006, the language regarding filling vacancies on these four elected boards was put in
place, which provides for special elections if more than six months remain in the unexpired term
that has been vacated. This amendment further clarifies when individuals elected to fill vacancies
take office and provides that vacancies caused by death or declination prior to inauguration are
filled in a like manner.
The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must
hold an initial vote to determine if the amendment is “necessary”. Ifthe amendment is
determined to be necessary, the Board of Aldermen must order that notice be given for a public
hearing on the amendment. Notice of the public hearing must be published in a newspaper of
general circulation at least seven (7) days prior to the scheduled hearing. The notice must
contain the text of the proposed amendment and a brief explanation.
Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City
Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk
files a certified copy of the report to the secretary of state, the attorney general, and the
commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within
seven (7) days after receiving approval from the secretary of state, the attorney general, and the
commissioner of the department of revenue administration, the Board of Aldermen may vote to
order the proposed amendment to be placed on a ballot at the next regular municipal election.
Approved as to form: Office of Corporation Counsel
By:
