[HISTORY: Original Charter adopted 4-3-1891. Revised Charter
(City Manager form of government) adopted 9-12-1989, effective 1-2-1990. Amendments noted where applicable.]
GENERAL PROVISIONS
The inhabitants of the City of Rochester, in the County of Strafford,
shall continue to be a body corporate and politic under the name of
the City of Rochester.
The City of Rochester is hereby divided into six wards, which
wards shall be bounded and configured in accordance with the procedures
set forth in Section 3 hereinafter set forth.
Ward boundaries shall divide the City of Rochester into six
wards of as equal population as is practicable. To achieve that goal,
starting with the 1990 census the City Council shall complete a review
of the ward boundaries at least once every 10 years, within one year
of the publication of each federal decennial census. Further, within
60 days of the completion of the review, the City Council may by the
affirmative vote of at least nine City Councilors revise the ward
boundaries so as to divide the City of Rochester into six wards of
as equal population as is practicable. Any such revision in ward boundaries
shall take effect at the first election after the City Council's adoption
of such boundaries.
Note: See attached Exhibit A regarding ward line revisions adopted
by Rochester City Council on March 5, 2002.[1] (The 1990 census based ward lines are referenced and described
in City Council Minute Book FF pages 359-360 and 378-381, dated April
7, 1992.)
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GOVERNING BODY
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[1]
Editor's Note: Exhibit A is on file at the office of the City
Clerk.
Except as herein provided otherwise, all the powers of the City
of Rochester shall be vested in a City Council, consisting of 12 Councilors
and the Mayor. Except as herein provided otherwise, the City Council
shall have all powers conferred by law upon city councils, boards
of mayor and alderman, and the selectmen of towns so far as applicable
to cities. All committees of the City Council and all boards shall
be deemed advisory only, except as herein otherwise provided. The
City Clerk shall serve as Clerk of the City Council.
[Amended 1-22-2002, effective
1-22-2002]
Beginning with the regular municipal election of 2003, two Councilors
shall be elected from each ward, for terms of two years each, commencing
on the first business day after January 1 following their election.
Pursuant to Section 47 of this Charter, the City Clerk shall establish
each ward seat as a separate municipal office, and shall establish
a system to distinguish each separate ward seat on the municipal election
ballot. Qualified persons may declare their candidacy for no more
than one seat on the City Council at any municipal election.
[Amended 11-2-2021]
Each City Councilor and the Mayor shall be a registered voter
of the City of Rochester at the time they file their declaration of
candidacy, pursuant to Section 47 of this Charter. Each Ward Councilor
shall be a resident and registered voter of their ward at the time
they file said declaration, at the time of their election, and throughout
their term of office. If a City Councilor or the Mayor moves their
residence from the City of Rochester during their term of office,
then their office shall be declared vacant, and the vacancy shall
be filled as provided in Section 68 of this Charter in the case of
a City Councilor and filled as provided in Section 9 of this Charter
in the case of the Mayor. If a Ward Councilor moves their residence
from their ward during their term of office, then their office shall
be declared vacant, and the vacancy shall be filled as provided in
Section 68 of this Charter.
Regular meetings of the City Council shall be held at such hours,
on such days of the week, and at such intervals as may be designated
by ordinance. Special meetings of the City Council shall be held upon
notice being delivered by the City Clerk to each City Councilor, or
delivered to an address within the City of Rochester previously specified
by each Councilor to the City Clerk. The City Clerk shall call a special
meeting of the City Council at the written request of the City Manager,
the Mayor, or at the written request of a majority of the City Council.
The City Council shall establish its own rules. Any Councilor or the
Mayor shall have the right to introduce ordinances and resolutions
and to initiate other measures. A majority shall constitute a quorum
for the transaction of the business of the City Council.
At the municipal election to be held in November 1989, and at
every regular municipal election thereafter, the Mayor shall be elected
for a term of two years.
The City Council shall, at its first regular meeting in January
following each municipal election, choose one of its members Deputy
Mayor, for a two-year term. The Deputy Mayor shall act as Mayor in
the absence or disability of the Mayor. Upon the City Council declaring
the office of Mayor vacant, the Deputy Mayor shall serve as Mayor
for the balance of the unexpired term of the Mayor.
The Mayor shall be the official head of the City for all ceremonial
purposes, shall preside at all meetings of the City Council, may speak
and vote in such meetings, and shall appoint all committees of the
City Council. All other duties of the Mayor prescribed by law shall
be exercised by the City Manager, except as this Charter provides
otherwise. The City shall provide the Mayor with appropriate office
space and secretarial and clerical assistance to perform his duties.
[Added 11-5-1991, effective
7-1-1992; amended 11-2-1993, effective
7-1-1994]
The Mayor shall have the right to veto any and all actions of
the City Council. No vote or decision of the City Council which has
been vetoed by the Mayor shall be effective unless such veto is overridden
by the vote of 2/3 of all Councilors serving in office, provided,
however, that for the purposes of any such override vote the Mayor
shall not be considered as a City Councilor.
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CITY ADMINISTRATION
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By a vote of at least seven members of the City Council, the
City Council shall appoint as City Manager for an indefinite term,
a person specifically qualified by experience and training to serve
in that office. The City Council shall fix the City Manager's salary
and compensation.
The City Manager shall establish a residence within the City
of Rochester within one year of his or her appointment, unless excused
from doing so by the City Council.
The City Council shall not select as City Manager any person
who, within two years preceding their selection, has served in any
office which they were popularly elected in the City of Rochester,
Strafford County, or State of New Hampshire.
The City Manager shall be the chief administrative and executive
officer of the City. Except for the School Department, and as herein
established otherwise, the City Manager shall be responsible for the
proper administration of all departments of the City of Rochester.
The City Manager shall be charged with the preservation of the public
peace and health and safety of persons and property, and shall see
to the enforcement of the ordinances of the City, this Charter and
the laws of the State of New Hampshire. The City Manager shall carry
out all policy decisions made by the City Council. The City Manager
shall oversee all property, real and personal, owned by the City of
Rochester. The City Manager shall inform the City Council of the conditions
and needs of the City and shall make all reports required by law,
requested by the Council, or deemed advisable by the City Manager.
The City Manager shall have the right to participate in all City Council
meetings, and to discuss all matters coming before such meetings,
but the City Manager shall not be a voting member of the Council.
The City Manager shall appoint and remove, subject to the provisions
of this Charter, all officers and employees in the administrative
services of the City, except the School Department. The City Manager
may authorize the head of a department or office responsible to him
to appoint and remove subordinates in such departments or office.
All such appointments shall be without definite term unless for provisional,
temporary, or emergency service not to exceed the maximum periods
which may be prescribed by the rules and regulations of the Merit
Plan.
Except for the purpose of official inquiries or investigations,
both the City Council and any member thereof shall deal with any City
officers or employees who are subject to the direction and supervision
of the City Manager solely through the Manager. Neither the City Council
nor any member thereof shall give orders to any such officer or employee,
either publicly or privately. Neither the City Council nor any member
thereof shall direct or request except in writing, the appointment
or removal of any person to office or employment by the City.
The City Manager may be removed by a vote of seven members of
the City Council as herein provided. At least 30 days before the proposed
removal of the City Manager, the City Council shall adopt a resolution
stating its intention to remove him and the reasons therefore, a copy
of which shall be served forthwith on the City Manager. The City Manager
may, within 10 days of such service, demand a public hearing. If the
City Manager demands such hearing, then the City Manager shall not
be removed until such hearing has been held. The City Council may
suspend the City Manager from duty pending such hearing, but shall
pay the City Manager until such removal. In case of such suspension
the City Council may appoint an Acting City Manager to serve at the
pleasure of the City Council for not more than 90 days. The action
of the City Council in removing the City Manager shall be final.
The City Manager shall appoint a City Clerk, City Solicitor,
City Treasurer, Business Administrator, City Assessor, City Physician,
Commissioner of Public Works, Collector of Taxes, Chief of the Fire
Department, and such other officers as may be necessary for the good
government of the City. The powers and duties of officers and heads
of departments appointed hereunder shall be those prescribed by state
law, by this Charter, or by ordinance. In the event that an appointment
or reappointment to any office is not made prior to the inception
of the term of any office the incumbent office holder, if any, shall
be allowed to remain in office until a successor is appointed and
qualified, but in no event for a period in excess of six months.
There shall be two separate, self-sufficient, and financially
independent City departments or divisions of the existing Department
of Public Works known as:
a.
The
Water Supply Works; and
b.
The
Sewage and Waste Treatment Works
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Both shall be regulated by a Utility Advisory Board of five
members. Each shall be governed by (respectively) a water (or sewer)
use ordinance, and funded by a water (or sewer) fund, each of which
funds shall be segregated from any other City funds and shall be raised
from charges imposed solely on water (or sewer) users. The City Manager
shall appoint the necessary manager(s) of said departments. Such ordinances,
and the necessary board and manager(s) shall be as the City Council,
subject to any overriding state or federal law or regulation, shall
provide.[1]
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[Amended 9-14-2004, effective
1-1-2005; 11-6-2012, effective
1-1-2013]
The City Manager shall appoint three Deputy Assessors in addition
to the City Assessor, for such terms and upon such conditions as the
City Council shall by ordinance determine. The Deputy Assessors need
not be employees of the City. The Board of Assessors shall be comprised
as follows: three members at large who shall elect one of them to
serve as Chairman. The City Assessor shall be ex-officio and shall
provide advice and assistance to the Board as needed. He/she shall
have no vote in the Board's deliberations. The City Assessor and the
Deputy Assessors appointed pursuant to this Charter shall, prior to
appointment, have demonstrated knowledge of property appraisal or
assessment and of the laws governing the assessment and collection
of property taxes. The City Assessor and the Deputy Assessors shall
constitute the Board of Assessors for the City, and shall perform
all duties and assume all responsibilities and liabilities of assessors
of taxes determined by state law.
The Board of Health shall be comprised of five members including
the City Physician, the City Health Officer, and three additional
persons, legal voters of the City, to be appointed by the City Manager
for such terms as the City Council shall by ordinance determine. The
powers and duties of the Board of Health shall be those prescribed
by state law, by this Charter, and by ordinance.
[Amended 11-2-2021]
The Board of Library Trustees shall be comprised of the City
Manager, or his designee, and six members to be elected by the City
Council, one member to be elected from each ward for a term of three
years, and their election so arranged that 1/3 of the members of the
Board shall be elected each year. Elections by the City Council shall
be conducted pursuant to Section 68 of this Charter. The duties and
powers of said Board of Trustees shall be those enumerated in Chapter
202-a of the Revised Statutes Annotated, as presently enacted or the
corresponding provisions of any recodification or amendment of the
New Hampshire Revised Statutes Annotated. The Board of Trustees of
the Public Library shall organize annually by the choice of a Chairman
and such other officers and committees as it deems necessary. The
Board of Trustees shall appoint a librarian who shall not be a trustee
and their compensation and other terms of employment shall be in conformity
with relevant provisions of this Charter and City Ordinances.
[Amended 9-10-2002, effective
7-1-2003]
There shall be a Police Commission for the City of Rochester
consisting of three members. Beginning with the regular municipal
election in 2003, Commissioners elected to succeed members of the
said Commission whose terms of office shall expire shall be elected
for a term of two years. Beginning with the regular municipal election
in 2003, the members of the said Commission shall be elected from
districts of the City such that one member shall be elected from Ward
1 and Ward 2, one member shall be elected from Ward 3 and Ward 4,
and one member shall be elected from Ward 5 and Ward 6. Each Police
Commissioner shall be a resident and registered voter of one of the
wards from which he is elected at the time he files his declaration
of candidacy, at the time of his election, and throughout his term
of office. If a Commissioner moves his residence from the wards from
which he was elected during his term of office, then his office shall
be declared vacant, and the vacancy shall be filled as provided in
Section 68 of this Charter. In order to accommodate the currently
scheduled expiration of the existing staggered six-year at-large terms
for Police Commissioners, the district election of Commission members
provided for herein shall be phased in, as follows: At the regular
municipal election in 2003, the Commissioner's seat, the term of which
is scheduled to expire in January 2004, shall be filled by a Commissioner
who shall be elected from Ward 1 and Ward 2; at the regular municipal
election in 2005, the Commissioner's seat, the term of which is scheduled
to expire in January 2006, shall by filled by a Commissioner who shall
be elected from Ward 3 and Ward 4; and, at the regular municipal election
in 2007, the Commissioner's seat, the term of which is scheduled to
expire in January 2008, shall be filled by a Commissioner who shall
be elected from Ward 5 and Ward 6.
It shall be the duty of the Board of Police Commissioners authorized
hereunder to appoint such police officers, constables, and superior
officers as it may in its judgment deem necessary and to fix their
compensation; and, to make all rules and regulations for the government
of the police force and to enforce the same.
The Board of Police Commissioners shall have authority to remove
any police officer, constable, or superior officer of the force at
any time for just cause and after due hearing which cause shall be
specified in the order of removal.
The City shall have a Department of Administration headed by
the City Manager, and including the heads of such other departments,
divisions, and bureaus as the City Council may establish by ordinance.
The compilation of ordinances creating the various departments, divisions,
and bureaus of the City and defining their respective duties and functions
shall be known as the "Administrative Code."[1] The head of each department, division, or bureau within
the City shall have the supervision and control of his department
and of the employees therein, and shall have power to prescribe rules
and regulations, not inconsistent with general law, this Charter,
the Administrative Code, or City ordinances.
The Administrative Code shall establish a centralized purchasing
and contract system, including the combination of purchasing of similar
articles for different departments, and purchasing by competitive
bid whenever practical. A single person shall be charged with the
administration of the system so established.
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SCHOOL DEPARTMENT
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The City of Rochester shall constitute a single municipal corporation
with powers for municipal and school purposes, including all the powers
of a school district conferred by law. The School Department of the
City of Rochester shall continue to constitute the school district
for the City, organized as herein described.
The policy-making body for the School Department of the City
of Rochester shall be a School Board of the City of Rochester, consisting
of 13 members. Except for the City Council's exclusive right to determine
and appropriate the total amount of money to be spent by the School
Department, the administration of all fiscal and prudential affairs
of the City of Rochester School District, the general management and
control of its schools and properties, and all powers prescribed by
law shall be vested in the School Board. The Superintendent of Schools
shall serve as Clerk of the School Board.
[Amended 11-5-1991, effective
7-1-1992; 1-22-2002, effective
1-22-2002]
Beginning with the regular municipal election of 2003, two School
Board members shall be elected from each ward and one School Board
member shall be elected at-large, for terms of two years each, commencing
on the first business day after January 1 following their election.
Pursuant to Section 47 of this Charter, the City Clerk shall establish
each ward and at-large seat as a separate municipal office and shall
establish a system to distinguish each separate ward and at-large
seat on the municipal election ballot. Qualified persons may declare
their candidacy for no more than one seat on the School Board at any
municipal election.
Each School Board member shall be a registered voter in the
City of Rochester at the time they file their declaration of candidacy,
pursuant to Section 47 of this Charter. Each ward School Board member
shall be a resident and registered voter in their ward at the time
they file said declaration, at the time of their election, and throughout
their term of office. If a School Board member moves from the City
of Rochester during their term of office, then their office shall
be declared vacant, and the vacancy shall be filled as provided in
Section 68 of this Charter. If a ward School Board member moves their
residence from their ward during their term of office, then their
office shall be declared vacant, and the vacancy shall be filled as
provided in Section 68 of this Charter.
[Amended 11-6-2012, effective
1-1-2013]
The School Board shall meet not later than the second Thursday
of each January immediately following a municipal election. The date,
time, and place of such meeting shall be set by a majority vote of
the School Board at the December meeting immediately after said municipal
election. The School Board shall meet at least once in every other
month at such hours, on such days of the week, and at such intervals
as the School Board determines at its January meeting. Special meetings
of the School Board shall be held upon notice being delivered by the
Superintendent of Schools to each School Board member, or delivered
to an address within the City of Rochester previously specified by
each School Board member to the Superintendent of Schools. The Superintendent
of Schools shall call a special meeting of the School Board at written
request of the Chairman of the School Board, or at the written request
of a majority of the School Board. The School Board shall establish
its own rules. A majority of the School Board shall constitute a quorum
for the transaction of its business.
The School Board shall, at its first regular meeting in January
following each regular municipal election, choose one of its members
Chairman, for a term of two years. The Chairman shall preside at all
meetings of the School Board, and may speak and vote in such meetings.
The School Board shall, at its first regular meeting in January
following each regular municipal election, choose one of its members
Vice-Chairman of the School Board, for a two-year term. The Vice-Chairman
of the School Board shall act as Chairman in the absence or disability
of the Chairman. Upon the School Board declaring the office of Chairman
of the School Board vacant, the Vice-Chairman shall serve as Chairman
for the balance of the unexpired term.
All money appropriated in the annual City budget for the School
Department shall be subject to the control of the School Board, which
alone shall have line-item control over its budget. In the event that
the City Manager certifies that the City's revenues are less than
budgeted, or that the City's expenditures are greater than budgeted,
the City Council may order the School Department to reduce its budgeted
expenditures. The School Board shall reduce its budgeted expenditures
accordingly, but the School Board alone shall make the line-item reductions
in said expenditures.
The School Board shall choose an individual to be the Superintendent
of Schools, who shall serve under such terms and conditions as may
be established by the School Board. The Superintendent of Schools
shall be the chief operating officer and chief administrator of the
School Department, and shall be independent of the City Manager. The
Superintendent may speak at all School Board meetings, but shall not
vote therein.
All joint committees of the School Board and the City Council
shall select their chairpersons from among their members.
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FINANCE
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The fiscal and budget year of the City shall begin on the first
day of July, unless another date shall be fixed by ordinance.
The City Business Administrator shall maintain accounting control
over the finances of the City, make financial reports, and perform
such other duties, as may be required by the Administrative Code.
At such time as the City Manager requests, or the Administrative
Code specifies, each officer or director of a department shall submit
an itemized estimate of the expenditures for the next fiscal year
for the departments or activities under his control. The City Manager
shall submit the proposed budget to the City Council at least 60 days
before the start of the fiscal year of the budget.
The City Council shall act as a committee-of-the-whole in all
reviews of and actions upon the proposed budget.
A public hearing on the budget shall be held before its final
adoption by the City Council, at such time and place as the City Council
shall direct. The City Clerk shall publish a public notice of such
hearing, together with a summary of the budget as submitted, at least
one week in advance of such hearing. The City Council shall provide
a copy of the proposed budget to all voters who request one at least
24 hours before such hearing.
A reduction of, increase in, deletion of, or addition of any
item or items in the City Manager's budget shall become effective
upon a majority vote of the City Council. The budget shall be finally
adopted not later than the first day of the fiscal year. If the City
Council fails to adopt a budget prior to such day, no money shall
be drawn from the treasury of the City, nor shall any obligation for
the expenditure of money be incurred, until a budget is adopted.
[Added 11-4-2008, effective 7-1-2009]
A.
Limitation on budget increase. Recognizing that final tax rates for
the City of Rochester are set by the New Hampshire Department of Revenue
Administration pursuant to RSA 21-J:35, I, the City Manager shall
submit a proposed budget to the City Council, and the City Council
shall adopt its annual budget proposals and shall act upon such proposals,
in accordance with the mandates of this section.
Override provision. Budgetary restrictions described in any
part of Section 43-a may be overridden upon a vote of 2/3 of all elected
members of the City Council. Such override expires following adoption
of the annual budget. Subsequent budgets or supplemental appropriations
require additional two-thirds override votes, or the limitations expressed
in this section will apply.
In establishing a municipal budget, the City Manager and City
Council shall be allowed to assume an estimated property tax rate
in an amount not to exceed the tax rate established during the prior
fiscal year increased by a factor equal to the change in the National
Consumer Price Index – Urban as published by the United States
Department of Labor for the calendar year immediately preceding the
year of the budget adoption.
B.
Exception to budget increase limitation. Capital expenditures, and
the total or any part of the principal and interest payments of any
municipal bond, whether established for school or municipal purposes,
may be excepted from being included in the expenditures that are subject
to the prior limitation upon a two-thirds vote of all members of the
City Council. The exception made under this section shall expire upon
adoption of the budget for the next budget year, unless 2/3 of all
members of the City Council vote to renew the exception for the next
budget year.
C.
Budget limitation in a revaluation year. When the City Council accepts
an increase in real estate values as the result of a City-wide revaluation,
the City Council shall adhere to a maximum increase in real estate
tax revenues as follows: The real estate taxes raised from the prior
budget year shall be increased by a factor no more than the change
in the Nation Consumer Price Index - Urban as published by the United
States Department of Labor for the calendar year immediately preceding
budget adoption, then this figure shall be used in establishing the
new municipal budget.
D.
Budget limitation with annual changes in assessments. When annual
changes in real estate values occur as a result of State of New Hampshire
assessing requirements, the City Manager and City Council shall adhere
to a maximum increase in real estate tax revenues as follows: The
real estate taxes raised from the prior year shall be increased by
a factor of no more than the change in the National Consumer Price
Index – Urban as published by the United States Department of
Labor for the calendar year immediately preceding budget adoption,
plus real estate taxes calculated by applying the prior year real
estate tax rate to the net increase in new construction. "Net increase
in new construction" is defined as the total dollar value of building
permits less total dollar value of demolition permits issued for the
period of April 1 – March 31 preceding budget adoption.
E.
Total expenditures. Total expenditures for any given budget year
shall not exceed the amount of funds reasonably calculated to be derived
by the tax rate established herein, increased by the other revenues
generated by the municipality.
After the budget has been adopted, no money shall be drawn from
the treasury of the City, nor shall any obligation for the expenditure
of money be incurred except pursuant to a budget appropriation unless
there shall be a specific appropriation specifying the source from
which the funds shall come. Except as otherwise provided in this Charter,
the City Council may transfer any unencumbered appropriation balance,
or any portion thereof, within a department from one fund or agency
to another, or from one department to another.
Subject to the applicable provisions of state law and the rules
and regulations provided by ordinance in the Administrative Code,
the City Council by resolution may authorize the borrowing of money
for any purpose within the scope of the powers vested in the City
and the issuance of bonds of the City, or other evidence of indebtedness
therefor, and may pledge the full faith, credit and resources of the
City for the payment of the obligation created thereby. Borrowing
for a term exceeding one year shall be authorized by the City Council
only after a duly advertised public hearing.
An independent audit shall be made of all accounts of the City
at least once every year, by certified public accountants, experienced
in municipal accounting and selected by the City Council. Said audit
shall be reported to the City Council. A summary of such audit shall
be made public. The City Manager shall prepare an annual, public,
written report of the City's business, which shall be printed in sufficient
number to provide a copy to each voter who requests one.
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MUNICIPAL ELECTIONS
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[Amended 11-2-2021]
The name of any qualified person shall be printed upon the municipal
election ballot upon his filing with the City Clerk not later than
five o'clock in the afternoon of the 45th day, nor earlier than nine
o'clock in the forenoon of the 60th day prior to the date of said
municipal election, his declaration in writing that he is a candidate
for an office to be filled at the next succeeding municipal election.
Each candidate shall pay to the City Clerk a filing fee in an amount
established by ordinance, but which in no event shall exceed $50 for
any office.[1] The City Clerk shall prepare the ballots to be used at
the municipal election. The ballot shall contain the names, according
with RSA 656:5-a, without party designation, of all persons who qualify
with the City Clerk as a candidate for any office to be voted on at
said municipal election. Below the list of names of candidates for
each office there shall be as many blank spaces for write-in votes
as there are votes permitted for such office.
The election officers in each ward whose duties it is to conduct
regular biennial elections shall conduct a municipal election, at
the expense of the City, in the same manner as a regular biennial
election on the Tuesday following the first Monday in November of
the odd numbered years, to elect all elected officials provided for
by this Charter. The terms of office of the persons elected at such
municipal election shall commence on the first business day after
January 1 following such election, unless another date shall be prescribed
by law.
Any person having his domicile within the City and who is qualified
to vote as provided in RSA 654:1-654:2 and 654:4-654:6, as presently
enacted or the corresponding provisions of any recodification or amendment
of the New Hampshire Revised Statutes Annotated, and whose name is
on the checklist shall be qualified to vote in any City election.
All elections held under the provisions of this Charter and any other
City election shall be deemed elections within the meaning of all
general statutes, penal and otherwise, and said statutes shall apply
to all municipal elections so far as consistent with the provisions
of this Charter. The polls shall be open at each municipal election
during such hours as the City Council may provide, but in any event
for not less than nine hours. The City Clerk shall have the same powers
and duties with reference to elections held pursuant to the provisions
of the Charter and any other City elections as has the Secretary of
State with reference to state biennial elections, so far as such powers
and duties are not inconsistent herewith.
[Amended 9-10-2002, effective
9-10-2002]
The candidate for each office receiving the greatest number
of votes for such office shall be declared elected.
[Amended 11-2-2021]
Any registered voter in the City of Rochester who qualifies,
under RSA 657: 4, for an absentee ballot on the day of the municipal
election or any City election, may vote at such election by absentee
ballot. The provisions of RSA 669:26 through 669:29 as presently enacted
or the corresponding provisions of any recodification or amendment
of the New Hampshire Revised Statutes Annotated shall apply to such
absentee balloting, except that the duties performed therein by the
Town Clerk shall be performed by the City Clerk.
The City Council shall meet on the Wednesday following each
municipal election and shall canvass the votes cast at such election
and declare the results. Within seven days thereafter, any candidate
desiring a recount shall file an application for such recount with
the City Clerk and shall pay to said City Clerk such fee as shall
be established by ordinance.[1] Within seven days thereafter, the City Clerk shall, subject
to rules and regulations as may be prescribed by the City Council,
recount the ballots cast in such election and also hear and determine
any contest on the grounds of fraud or misconduct therein. Decisions
of the City Clerk in cases of contested elections shall be final.
Tie votes for any elective office shall be resolved by lot in the
manner the City Council shall determine.
Each ward at every regular municipal election shall choose,
by ballot and plurality vote, one Supervisor of Checklists, and the
City Council shall also, in January following each regular municipal
election, by ballot and majority vote, choose one Supervisor of Checklists
for all the wards of the City, and the member chosen by the City Council
shall be Chairman of the Board. All vacancies occurring in the Board
shall be filled by the City Council by ballot and majority vote.
Said Supervisor, having been first duly sworn to the faithful
discharge of the duties of their office, and a certification thereof
recorded by the City Clerk, shall, previous to every election, prepare,
revise, and post up, in the manner required by law, an alphabetical
list of the legal voters in each ward. In preparing said list they
shall record in full the first or Christian name of each voter, but
may use initial letters to designate the middle name of any voter.
[Amended 11-2-2021]
For each municipal election said Board of Supervisors shall
be in session for the purpose of revising and correcting the list
of voters at such places as they shall designate in accordance with
the requirements of RSA 654:27, as presently enacted or the corresponding
provisions of any recodification or amendment of the New Hampshire
Revised Statutes Annotated. In the preparation of said list the said
Board of Supervisors shall have all of the powers granted to and perform
all of the duties imposed upon such Supervisors by the provisions
of Chapter 654 of the New Hampshire Revised Statutes Annotated, so
far as the same are not inconsistent with the provisions hereof.
Said Supervisors shall deliver to the City Clerk attested copies
of the list of voters in each ward, prepared and corrected as aforesaid,
before the hour of meeting, and said checklist so corrected, and no
others, shall be used at the election. After the closing of the polls
at said election, the Moderator and the Ward Clerk in each ward shall
certify on the checklist used by them that such checklist is in fact
the one used by them at said election and that it contains a corrected
and complete list of the legal voters in their ward. One marked copy
of each checklist used in said election shall be turned over to the
City Clerk by the Supervisors. The City Clerk shall preserve such
checklists in his custody for a public record for a period of no less
than five years. Immediately after the ballots cast at a municipal
election have been tabulated and the result have been announced, the
Moderator or his designee, in the presence of the Selectman or their
designees, shall seal and certify the ballots as provided by RSA 659:95
and shall deliver them to the City Clerk in the manner prescribed
by RSA 659:98.
[1]
Editor's Note: Former Section 57, Supervisors of the Checklist,
election day duties, was repealed 11-2-2021.
At each municipal election, one Selectman shall be elected from
each ward for a term of six years and one Moderator and one Clerk
shall be elected from each ward for a term of two years.
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MERIT PLAN
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Appointments and promotions to all positions in the service
of the City shall be made solely on the basis of merit and only after
examination of the applicant's fitness. So far as practicable, examinations
shall be competitive.
[Amended 11-6-2012, effective
1-1-2013]
The first City Manager under this Charter shall draft and submit
to the City Council within one year after assuming office, a set of
rules and regulations which shall become effective three months after
its submission unless vetoed by the City Council within that period,
providing for the establishment of a merit system of personnel administration
and for the implementation of such portions of that system as are
prescribed by this Charter. The rules and regulations shall include
provisions with regard to classification, compensation, selection,
training, promotion, discipline, vacations, and any other matters
necessary to the maintenance of the efficient service and the improvement
of working conditions. The rules and regulations shall continue in
force subject to amendments submitted from time to time by the City
Manager which shall become effective upon majority vote of the City
Council. City Council shall vote within 60 days of amendment submittal.
Until the first set of such rules and regulations becomes effective,
the City Manager may establish temporary rules and regulations.
The compensation of all officers and employees not fixed by
this Charter shall be fixed in the rules and regulations of the merit
plan by a schedule of pay which shall include a minimum and maximum
and such intermediate rates as may be deemed desirable for each class
or position provided for in said rules and regulations. In increasing
or decreasing items in the City budget, the City Council shall not
increase or decrease any individual salary item but shall act solely
with respect to total salaries in the various departments of the City.
There is hereby established a Personnel Advisory Board of three
citizens holding no other municipal office and appointed, one member
by the City Manager, one by the City Council, and the third by these
two appointees. In the first instance only the member appointed by
the City Manager shall serve for one year, the member appointed by
the City Council for two years, and the third member for three years,
in each case beginning on the effective date of this Charter; the
term of all succeeding members shall be for three years beginning
on the expiration of the term each succeeds. It shall be the duty
of the Personnel Advisory Board to study the broad problems of personnel
policies of the City and the City Manager regarding the administration
of the Merit Plan and to hear appeals from any employee aggrieved
as to the status or conditions of his employment. The Board shall
issue written reports containing findings of facts and recommendations
to the City Manager upon such appeals but the Board shall have no
power to reinstate an employee unless it finds, after investigation,
that disciplinary action was taken against the employee for religious,
racial, or political reasons.
No compensation shall be paid without certification by the City
Manager, or such officer as he may direct, that the recipients are
employed by the City and that their rates of compensation comply with
the pay schedule provided for in Section 61. If such officer approves
payment not in conformity therewith, he and his surety shall be liable
for the amount of such payment. A taxpayer may maintain a civil action
to restrain payment of compensation to persons unlawfully appointed
or employed or to recover for the City any sums paid contrary to the
provisions in this Charter.
No employee of the City at the time this Charter is adopted
shall be required to take any examination in order to continue within
the employment of the City. All other provisions of the merit plan
will apply to such employees.
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GENERAL PROVISIONS
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Every person elected or appointed to any City office before
entering upon the duties of his office shall take and subscribe to
an oath of office as provided by law which shall be filed and kept
in the office of the City Clerk.
The City Clerk shall mail written notice of election or appointment
to any City officer thus selected within 48 hours after the appointment
or the election result is announced. If within 10 days from the date
the officer's term of office begins such officer does not take, subscribe
to, and file with the City Clerk an oath of office, then the officer
shall be deemed to have refused the office, the office shall be declared
vacant, and the office shall be filled as provided by this Charter
or otherwise by ordinance.
In addition to other provisions of this Charter, a vacancy in
any City office shall exist when an officer dies, resigns, is removed
from office, is convicted of a felony, or is judicially declared to
be mentally incompetent.
[Amended 11-6-2012, effective
1-1-2013]
Vacancies occurring in any City Council, School Board, or Police
Commission seat shall be filled until the next regular municipal election
by the City Council's election, by majority vote, of some qualified
person. Any member of the City Council may nominate persons to fill
such vacancy. The candidate receiving a majority of the votes cast
by members of the City Council at such meeting shall be declared elected.
If there are more than two nominees, and no nominee receives a majority
of the votes cast, then the nominee receiving the fewest votes shall
be removed from the list of nominees and another vote shall be taken.
If no nominee then receives a majority of votes cast, then the above-described
process shall be repeated until there are only two nominees. The City
Council shall act to thus fill such vacancy not later than the second
regular City Council meeting following the creation of such vacancy,
and may act only at a regular meeting of the City Council. If the
term of the seat thus filled would not otherwise be open for election
at the first regular municipal election following the occurrence of
such vacancy, then at said municipal election the seat shall be filled
for the balance of the unexpired term.
Vacancies occurring in the office of Ward Moderator, Ward Clerk,
Selectman, or Supervisor of the Checklist shall be filled by the City
Council for the balance of the unexpired term. In filling such vacancies,
the City Council shall conduct an election in the manner prescribed
in the preceding paragraph for vacancies in other elected offices.
All elected City officials shall receive such salary as may
be designated by ordinance. Any increase or decrease in such salary
shall not become effective until the January following the next regular
municipal election. City Councilors shall receive the same salary
as School Board members, provided that the Mayor may by ordinance
receive a larger salary than any other elected official.
[Amended 11-2-2021]
By an affirmative roll-call vote of at least nine City Councilors,
the City Council may, consistent with RSA 49-C:13, on specific charges
and after due notice and hearing, at any time remove the Mayor or
one of its own members for cause, including but not limited to prolonged
absence from or other inattention to duties, crime or misconduct in
office, or as specified in the charter.l. A vacancy occasioned by
removal under this section shall be filled in the manner provided
in the Charter.
Municipal legislation shall be by ordinance. Each ordinance
shall be identified by a number and a short title. The enacting clause
of each ordinance shall be "The City of Rochester Ordains" and the
effective date of each ordinance shall be specified in it. All ordinances
shall be recorded at length uniformly and permanently by the City
Clerk, and each ordinance so recorded shall be authenticated by the
signature of the Mayor and the City Clerk. Ordinances shall be published,
complied and revised in such manner and at such times as the City
Council shall determine. The procedure for passing and amending ordinances
shall be as prescribed by ordinance or general laws.
[Amended 11-5-1991, effective
7-1-1992]
No elective or appointive officer or employee of the City shall
participate in any decision concerning the business of the City in
which he has an interest which conflicts with his official duties
and responsibilities. Such officer or employee may participate in
such discussion if:
A.
He
or she files a written detailed declaration of his conflicting interest
with the City Clerk, who shall distribute copies thereof to all members
of the City Council or School Board as appropriate; and,
B.
The
City Council or School Board, as appropriate, votes to authorize such
participation.
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No City Councilor or School Board member shall vote upon any
matter where he or a member of his immediate household would be directly
affected financially or personally. The term "member of his household"
shall be deemed to include a spouse or any child or stepchild who
resides within the same premises.
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As to any City Councilor or School Board member, the Mayor or
Chairman of the School Board, as the case may be, may disqualify a
member from voting on any issue where the Mayor or Chairman perceives
a conflict of interest, either on his own or at the suggestion of
another Councilor or School Board member, as the case may be. A Councilor
or School Board member who has been disqualified, may appeal such
disqualification to the Council or the Board, and upon two-thirds
vote of the entire Council or Board, the disqualification shall be
removed. In any vote appealing such a disqualification, the Mayor
and the Chairman, as well as the affected Councilor or member, shall
be included as part of the number of which 2/3 is required. Further,
they shall be entitled, each of them, to vote upon the appeal.
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The sections of this Charter are separable. If any portion of
this Charter, as written or as applied, is found to be invalid for
any reason, then the remainder shall not be affected by such finding.
Except as this Charter or state statutes provide otherwise,
and subject to the concurrence of the City Council, the Mayor shall
appoint all members of boards and commissions now existing, or hereafter
established, whether by ordinance or statute. Any appointment by the
Mayor shall be considered a nomination unless and until it is confirmed
by the City Council. When the Mayor makes any such nomination, then
any City Councilor may also nominate a person to fill such position.
The City Council shall vote by secret ballot upon such list of nominees.
If there are more than two nominees, and no nominee receives a majority
of the ballots cast, then the nominee receiving the fewest votes shall
be removed from the list of nominees and another vote shall be taken.
If no nominee then receives a majority of the ballots cast, then the
above described process shall be repeated until there are only two
nominees.
All headings, section numbers, and section labels have been
provided for reference purposes only, and are not officially portions
of the City of Rochester Charter.
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TRANSITIONAL PROVISIONS
|
Within one week of the effective date of this Charter, the City
Council shall create a committee for the express purpose of conducting
a search for prospective applicants for the position of City Manager.
Within 90 days of appointing said committee, the City Council shall
appoint a City Manager pursuant to Section 11, of this Charter.
The City Council shall appoint an Acting City Manager, to serve
as the City Manager from the effective date of this Charter until
the first City Manager is selected. The City Council shall determine
the rate of compensation for the Acting City Manager.
When this Charter takes effect, the incumbents, whether elected
or not, of all municipal offices not hereby abolished, superseded,
or vacated shall continue to hold the same until the expiration of
their respective terms where a term of years exists, or until such
offices are abolished, superseded, or vacated by the Charter or by
the New Hampshire Revised Statutes Annotated, as presently existing
and as may hereafter be from time to time changed.
Notwithstanding Section 69 of this Charter, or any ordinance
to the contrary, after January 1, 1990, and before March 1, 1990,
the City Council may vote to change the Mayor's salary, said change
to take effect immediately, or at such time as the City Council votes,
whether during or after said period.
This Charter shall take effect at 12:01 a.m. on January 2, 1990;
provided that, pursuant to NH RSA 49-B:6, IV(a) (Supp. 1989), the
regular municipal election to be conducted in November 1989 shall
be in accordance with this Charter.
