MANCHESTER, NH – The Manchester School District Charter Commission on May 27 provided a draft proposal for revision of the city’s school charter as it pertains to the operation of the Board of School Committee to state entities for acceptance, with the goal of having the public vote during the upcoming municipal elections to make permanent the proposed changes.
The charter commission by a 6-3 vote on May 20 recommended revisions to the charter providing more fiscal autonomy and accountability while abiding by the existing tax cap. It is the commission’s assertion that the proposed changes would “bring the Manchester School District into greater conformity with the laws of the State of New Hampshire.”
The vote in favor of sending the draft proposal to the city clerk, the Secretary of State, the Attorney General and the Department of Revenue Administration were commissioners: Tim Baines, John Clayton, Lou D’Allesandro, Mary Frietas, Kathy Sullivan and Mike Lopez. Voting no were commissioners: Will Infantine, Joe Lachance and Jimmy Lehoux.
The commission will reconvene to formulate ballot questions once accepted by the state and the window for revision expires.
The process, which was conducted over the course of about six months, included several public in-person and online meetings and included testimony by current and former mayors, aldermen and school board members, the Manchester Finance Officer, and the Superintendent of Schools and members of his administrative team. Members of the Manchester Proud Organization also gave testimony. A public hearing was held to hear testimony from the public on May 20 which included comments from public participants (links to the charter commission meetings appear at the end of this story.)
A copy of the red-lined text showing proposed amendments to the original charter and a clean version of the draft proposal are available below.
A summary of the key revisions:
- The School Board shall be the body responsible for proposing, approving, adopting, appropriating for, accounting for and expending the School District’s annual budget.
- The School Board shall propose and adopt the annual budget, which shall no longer be included within the City of Manchester’s annual budget.
- The School District’s annual budget shall be subject to the same limits on budget increases (the “tax cap”) as currently imposed on the City of Manchester’s annual budget increases and as set forth in the current City of Manchester Charter.
- In the event that the School Board wishes to approve an annual budget in excess of the tax cap the School Board, by a majority vote of all its members, shall forward a request to the Board of
- Mayor and Aldermen to approve an override of the tax cap. Approval of any such override shall require a 2/3 vote of all aldermen.
- The Mayor of Manchester shall no longer be a member of, or serve as chair of, the School Board; the School Board shall elect one of its members to serve as chair for a term of two years.
- The School Board shall continue to consist of 12 members elected to represent the City’s 12 wards, and 2 members elected at large.
- In the event of a vacancy in the office of School Board, the School Board, and not the aldermen, shall fill the vacancy in accordance with state law.
The proposed amendments also provide technical procedures for the School Board to adopt and account for its annual budget and capital budget, including public hearings; employing a School District treasurer, clerk and independent auditor in accordance with state law; designating a depository for School District funds; and, fiduciary bonding.
Included in the May 27 letter to the Attorney General and Secretary of State is an opinion of the draft document by Wadleigh, Starr & Peters, a local law firm which served as legal counsel to the charter commission:
“It is our opinion that the amendments proposed by the City of Manchester School District Charter Commission are within the scope of the New Hampshire Constitution and general laws as they pertain to the maintenance and operation of city public school districts. This opinion is written for the sole purpose of aiding the Manchester School District Charter Commission in complying with the statutory amendment process set forth in RSA 49-B, as generally authorized by RSA 49-B:4-e (IV) and RSA 49-B:15 and is issued solely for your information in connection with your statutory review of the proposed amendments.
“This opinion is not offered as a substitute for your independent review. This opinion does not extend to any provisions of the City Charter as to which the Commission has not sought to make substantive amendment. This opinion does not extend to the question of efficacy as to any amendment. The adoption of these amendments will likely require that the Board make certain changes to their Procedural Rules with regard to the role of the Chair and it may be necessary to adopt a procedural requirement that the Chair vote only to break a tie. The adoption of these amendments will likely require some amendments to the District’s policies pertaining to governance and budget adoption.
“In reaching these opinions we do not opine on the pending litigation by a citizen against the City of Manchester which, while not yet properly pled as of this writing, has asserted that it may seek to challenge the election of the Charter Commissioners. That matter is being defended by the City of Manchester Solicitor’s Office. That matter is not relevant to the statutory duty of the Charter Commission which is required by law to meet its obligations under RSA 49-B.
Red-line version:
Clean version:
Below: Links to School Charter Commission meeting videos
