Special Board of Aldermen 09-21-2021 Page 21
Alderman Dowd
Just for clarification through Corporation Counsel, it's | believe the legal opinion of legal counsel that we have no option
but to vote yes on this.
Steve Bolton, Corporation Counsel
The Board of Aldermen is required to order it placed on the ballot.
Alderman Dowd
That's what | was trying to get.
President Wilshire
Alderman Jette.
Alderman Jette
Thank you, Madam President. At the public hearing, former Alderman and County Commissioner Mike Soucy made the
assertion that our City Charter requires | think it's 10% of registered voters. He said that the Petition did not have a
sufficient amount of signatures and that basically that we could not put this on the ballot. | would through you | would like
to ask Corporation Counsel whether he has a response to that and can we be assured that we're doing the right thing by
moving this forward.
Steve Bolton, Corporation Counsel
I'll give you every assurance | can. The fact is the legislature which established the City Charter and less special act
regarding the Police Commission to begin with has more recently pursuant to the Constitution and the amendment to the
Constitution that was made in 1964 relative to city charters adopted locally has passed RSA chapter 49-B, which
provides as the Constitution authorizes, a way for municipalities to amend their charters.
In our case, the City Charter and 49-B:5 specifically deals with the percentage and the percentage of what is needed for
a citizens petition to reach the ballot and it's 15% of the total votes cast in the last municipal election. That is the current
law. What was done decades ago in the past by a different legislature has been superseded. Our City Clerk has gone
through the signatures and has certified to you that that 15% threshold was reached. So | don't know what analysis that
former police officer, former firefighter, former alderman, county commissioner Soucy is using. | don't know where he got
his legal education but | do not understand at all where he comes up with the idea that he has.
Alderman Jette
Thank you very much for that. It's probably just because, you know, when people look at our Charter as it's listed in our
online or in Charter itself, you know, says what he says it said but as you pointed out, it has been amended, you know,
by subsequent action by the legislature and perhaps even the Supreme Court has expressed an opinion about this. It
makes me think that in the future if we're re-elected, maybe two years from now at the next municipal election, we might
consider asking the voters whether or not they would authorize a Charter Commission that could look at our present
Charter so that when people look at the Charter it would be nice for the Charter to say what the current law is and not
say something that's different or there has been amended by the legislature. | Know the legislature can always amend it
but at least, you Know, we ought to have a Charter that when we look at it, you know, as much as possible states exactly
what the law is and not mislead people about what it is or require that they have to hire a lawyer to get an opinion about
what it means. | think our Charter needs updating so that it says what it means and it means what it says so that people
can look at it and understand it. But thank you for making that clear. Thank you.
Alderman Lopez
With respect Alderman Jette, | don't know if you need a Charter Commission on that and we have the Facebook
comment section. They can handle that for us.
Alderman Jette
I'm sorry. | didn't | didn't hear you. | didn't understand you.
