A.
Town Councilor; number; terms. Except as otherwise provided in this
Charter, all of the powers of the Town shall be vested in a Town Council
(hereinafter referred to as the "Council") of seven Councilors. The
Councilors shall be elected from the Town at large for a three-year
term of office. Terms will be staggered, three elected at next Town
election, following year two Councilors, the third year two Councilors
each for three-year terms.
B.
Length of office. All members shall take office on the first Monday
following the second Tuesday in March following their election and
shall hold office until their successors are duly elected and qualified.
The Councilors so chosen shall meet in their capacity as the
Council on the first Monday following the second Tuesday in March
next following their election for the purpose of taking their respective
oaths of office, adopting rules, and for the transaction of business
required by law or ordinance to be transacted in such meeting. The
Town Clerk shall act as the Clerk of the Council, and the Moderator
shall preside without vote at the first organizational meeting of
the Council following enactment of this Charter. The first organizational
meeting of the Council shall be held on the first business day following
the passage of this amended section.
[Amended 3-9-2021]
The Council shall, by the affirmative vote of at least four
of its members, at its first regular meeting in March following each
election, choose one of its members Chairman for a term of one year.
The Council shall choose one of its members Vice Chairman for a term
of one year, who shall act in the absence or disability of the Chairman.
In the event of a vacancy occurring in the office of Chairman, the
Vice Chairman shall serve out the unexpired term. The Chairman shall
be the official head of the Town for all ceremonial purposes; and
shall preside at all meetings of the Council and may speak and vote
at such meetings.
A.
Only voters
who at all times during the term of office are and remain residents
of the Town shall be eligible to hold the office of Councilor. To
be eligible for election to the office of Councilor a candidate must
be of voting age and must have been a resident of the Town for at
least 90 days immediately before the election. The Council is the
sole judge of qualification for office. The Council shall declare
a vacancy in the event that a member is convicted of committing a
federal or state crime punishable by imprisonment for more than one
year.
[Amended 3-9-2021]
B.
A majority
of the Council may after investigation and hearing declare a vacancy
if a member has missed three regularly scheduled meetings in sequence
without leave of the Council; has missed 1/3 of all meetings within
a calendar year without leave of the Council; has interfered with
administration, falsified records, misapplied Town funds or property;
or is guilty of public conduct the result of which would bring loss
of respect for the Council or the Town of Bedford.
[Amended 9-11-2012]
Vacancies occurring in the office of Councilor at any time shall
be filled by appointment, until the next regular election, by the
Council within 30 days, by an affirmative vote of five Councilors.
Councilors shall receive as compensation the sum of $1,500 per
year. The Chairman shall receive an additional $500 per year. Councilors
shall receive reimbursement for reasonable mileage and expenses incurred
in the performance of Town business outside the Town limits of Bedford
according to the rules of the Council.
A.
Exercise of powers. Except as otherwise prohibited by law or this
Charter, the powers of the Council may be exercised in a manner determined
by it.
B.
Quorum. A quorum of the Council for the transaction of any business
shall be five of the members currently in office. However a small
number may adjourn the meeting to another time and date.
C.
Meetings. All meetings of the Council shall be public as required
by the State Right to Know Law (RSA Chapter 91-A).
(1)
Regular meetings. Regular meetings shall be held on such day or days
of each month at such time as the Council shall by ordinance or resolution
direct.
(2)
Special meetings. Special meetings may be called by the Chairman.
Special meetings also may be called at the written request of the
Town Manager or at least five Councilors, and upon such request the
Chairman of the Council shall call such special meeting. Written notice
of said meeting shall be delivered to each Councilor at least 24 hours
prior to the call of the meeting. The method of delivery of notice
for special meetings shall be by established Council rule.
D.
Rules of procedure. The Council shall establish rules for its proceedings
not inconsistent with this Charter. Every matter coming before the
Council for action shall be put to a vote, and all members shall vote
"aye", "nay" or abstain and give a reason for abstaining. The results
of such voting shall be duly recorded. All votes shall be recorded
by roll call except votes on procedural matters.
A.
Introduction by Town councilors. An ordinance may be introduced by
any member at any regular or special meeting of the Council. Upon
introduction of any ordinance, the Town Clerk shall distribute a copy
to each Councilor and to the Town Manager, shall file a reasonable
number of copies in the office of the Town Clerk, and shall post a
copy in such other public places as the Council may designate.
B.
Requirements.
(1)
Every proposed ordinance of the Council shall be introduced in writing
and in the form required for final adoption.
(2)
No ordinance shall contain more than one subject, which shall be
clearly expressed in its title.
(3)
Each ordinance shall be identified by a number and a short title.
(4)
The enacting clause shall be "The Town of Bedford ordains . . ."
(5)
Any ordinance which repeals or amends an existing ordinance shall
set out in full the ordinance, sections, or subsections to be repealed
or amended, and shall indicate matter to be omitted by enclosing it
in brackets or by strikeout type, and shall indicate new matter by
underscoring or by italics.
C.
Publishing.
(1)
After passage of the ordinance's first reading, it shall be published
at least once together with a notice of the time and place when and
where it will be given a public hearing and be considered for final
passage.
(2)
The first such publication shall precede the date of said hearing
by at least five working days.
(3)
Publication for purposes of this section shall mean the publication
of a notice in any paper distributed in the Town of Bedford, stating
the number and title of the ordinance and either the text of the ordinance
in full or, if the full text is not published, then a brief explanation
of the purpose of the ordinance and information as to where and when
any interested person may obtain a copy of the complete ordinance.
D.
Enactment. Every ordinance, including zoning ordinances adopted by
referendum, shall take effect upon passage and publication as ordinances
required by law, or at a later date as specified in the ordinance.
No ordinances shall be introduced and adopted during the same meeting.
E.
Recording. All ordinances, including any amendments thereto, shall
be recorded in full, uniformly, and permanently, by the Town Clerk,
and each ordinance so recorded shall be authenticated by affixing
the signatures of the Council Chairman and the Town Clerk and the
Town Seal, and kept on file in the office of the Town Clerk.
F.
Maintenance by Town Clerk. The Town Clerk shall be responsible for
the systematic indexing, printing, publication, and maintenance of
the ordinances of the Town. Copies of all ordinances shall be available
to the public, and the Town Clerk may charge a fee to defray the printing
costs.
A.
Legal subject matter. Notwithstanding other provisions of this Charter
to meet a public emergency affecting life, health, property, or the
public peace, the Council may adopt one or more emergency ordinances,
but such ordinances may not levy taxes, grant, renew or extend a franchise,
regulate the rate charged by a public utility for its services, or
authorize the borrowing of money, except as provided in § C3-10
of this Charter.
B.
Introduction. An emergency ordinance shall be introduced in the form
and manner prescribed for ordinances generally, except that it shall
be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific terms.
C.
Adoption. An emergency ordinance may be adopted with or without amendment
or rejected at the meeting at which it is introduced, but an affirmative
vote of five Councilors shall be required for adoption. After its
adoption the ordinance shall be published and printed as prescribed
for other adopted ordinances.
D.
Enactment. An emergency ordinance shall become effective upon adoption.
Every emergency ordinance, except one made pursuant to § C3-10
of this Charter, shall automatically stand repealed as of the 61st
day following the date on which it was adopted, but this shall not
prevent reenactment of the ordinance in the manner specified in this
section if the emergency still exists.
E.
Repeal of emergency ordinances. An emergency ordinance may also be
repealed by adoption of a repealing ordinance in the same manner specified
in this section for adoption of emergency ordinances.
To meet a public emergency affecting life, health, property,
the public peace, or to satisfy a court judgment, casualty loss, or
other valid mandated expense, the Council may make emergency appropriations
as part of an emergency ordinance. To the extent that there are no
available unappropriated revenues to meet such appropriations, the
Council may, by such emergency ordinance, authorize in accordance
with all provisions of state law the issuance of emergency notes,
which may be renewed from time to time.
The Town Council, not later than 18 months after taking office
under this Charter and at least every tenth year thereafter, shall
have prepared a revision or codification of the ordinances of the
Town which are appropriate for continuation as local laws of the Town.[1]
All bylaws, ordinances, rules, restrictions, and regulations
of the Town of Bedford which are in effect as of the date of adoption
of the Charter, and not inconsistent with this Charter, shall remain
in effect after the adoption of this Charter until they expire by
their terms or are repealed, modified, or amended by the Council.
Except as herein otherwise provided, the Town Council shall
have all the powers conferred upon and discharge all the duties imposed
upon Town Councils, Town Meetings, Boards of Mayor and Aldermen, and
Selectmen of towns by law, except the adoption of a Town budget, which
prerogative is vested in the Budgetary Town Meeting. All officers
and members of all boards, commissions, and committees, and vacancies
thereto shall be appointed by the Council from among Town residents
except unless otherwise provided by this Charter.
The Council may delegate to one or more Town agencies the powers
vested in the Council by this Charter and state and federal law to
grant and issue licenses and permits, and may regulate the granting
and issuing of licenses and permits by any such Town agency, and,
may in its discretion, rescind any such delegation without prejudice
to any prior action which has been taken.
[Amended 3-10-2015]
By an affirmative vote of five councilors, the Council may make
investigation into the affairs of the Town and into the conduct of
any Town agency or department and for this purpose may administer
oaths and require the production of evidence.
Except as expressly prohibited by state law, the Council shall
adopt rules of attendance and forfeiture of office for all Town appointed
boards and commissions.
