MANCHESTER, N.H. – The Manchester School District Charter Commission approved two measures on Wednesday after a pair of conflicting state laws temporarily set back their attempts to propose changes to the city’s charter.
Last week, the New Hampshire Attorney General’s Office expressed concern with the commission’s submitted amendments to the charter regarding the city school district. In a letter from New Hampshire Assistant Attorney General Nicholas Chong Yen, the primary concern was between conflict in RSA 49B, which discusses city charters and RSA 49B:15, a new piece of legislation designed solely for the commission in an attempt to emulate the procedure that Concord’s school district once followed regarding changes to its charter.
In Chong Yen’s letter, RSA 49B allows the commission to submit proposed amendments for legal review before heading to the voters, but RSA 49B:15 requires “recommendations for a procedure” to be included for any changes. The procedure was initially assumed be a special municipal election in November 2020, but no clear procedure was outlined in the commission’s request for review from the Attorney General’s office, precipitating the confusion.
On Wednesday, Attorney Dean Eggert told the commission that he talked with Chong-Yen and indicated that Section 8.03 of the city’s charter, which requires periodic review of the city charter, could serve as the “recommendations for a procedure” if language was added to Section 8.03 pertaining to the school district.
Eggert also told the commission that the Attorney General’s Office would now be willing to take another look at the proposed amendments given that the confusion had been settled, but recommended that the proposed amendments be concentrated into a set of ballot questions for voters that can be easily understood.
A public hearing on the proposed changes to Section 8.03 will be held on Aug. 6 at 7 p.m. inside the Aldermanic Chambers and the final report of the commission, including the ballot questions, is due by Sept. 15.
In response to a question from Commissioner Jimmy Lehoux asking of any additional legal funding would be needed beyond the $25,000 requested from the Board of Aldermen, Commission Chairman Michael Lopez emphatically said no and added that if additional money was needed, he would go out into the street and ask for it there.
