[NRO 1975, T. 3, § 1; NRO 1987,
§ 2-21; amended 2-25-1977 by Ord. No. O-76-115; 4-12-1978 by Ord. No.
O-78-4; 6-24-1980 by Ord. No. O-80-53; 8-9-1988 by Ord. No. O-88-61; 12-8-1992 by Ord. No. O-92-11; 8-8-2000 by Ord. No. O-00-43; 8-8-2006 by Ord. No. O-06-18; 8-14-2007 by Ord. No. O-07-115; 12-22-2009 by Ord. No. O-09-77]
A. Each Alderman
shall receive as compensation the sum of $5,000 per year, payable
quarterly.
B. If, in any
quarter, any member of the Board of Aldermen is recorded absent at
three or more regular meetings of the Board, the City Clerk shall
transmit a communication stating that fact to the Board of Aldermen,
and the stipend for that quarter shall be withheld. In accepting the
communication, the Board may also determine by vote that for good
cause shown that member shall receive a full or partial stipend for
the quarter. Good cause shall include but not be limited to attendance
at committee and other meetings; health; maternity, paternity or adoption
leave; or other extenuating circumstances for the absence. Additionally,
the Board may find that the attendance of any member within a quarter
has been unacceptable and by a majority vote withhold any or all of
the stipend for that quarter.
[Amended 6-11-2019 by Ord. No. O-19-044]
C. The provisions of §
5-93 et seq., Conduct Regulations, and other conflict-of-interest standards shall not apply to votes on ordinances setting compensation of the Board of Aldermen under Charter Section 45-a.
[NRO 1975, T. 3, § 2; NRO 1987,
§ 2-22; amended 3-24-1998 by Ord. No. O-98-03; 2-13-2001 by Ord. No.
O-00-68; 10-22-2002 by Ord. No. O-22-97; 5-13-2003 by Ord. No.
O-03-154]
A. The Board of Aldermen shall hold regular meetings
at 7:30 p.m. on the second and fourth Tuesday of each month, except
during the months of July and August, when the regular meetings shall
be held on the second Tuesday of those months.
B. When the day fixed for any regular meeting falls on
a day designated by law as a legal or national holiday or the day
of an election, the meeting shall be held at the same hour on the
next succeeding day not a holiday.
[Amended 9-23-2008 by Ord. No. O-08-35]
C. A regular meeting may be rescheduled upon majority
vote of the full membership of the Board taken at least 15 days prior
to both the original and rescheduled dates of the meeting to avoid
conflict with a holiday or election.
D. In addition to the Mayor's power to call special meetings
under RSA 45:10, special meetings of the Board may be called by the
President of the Board of Aldermen, by a vote of at least eight members
of the Board of Aldermen, or by the signatures of at least eight members
on a notice of the meeting.
(1) The limited purpose(s) of the meeting shall be specified
in the written notice of the meeting, which shall be communicated
individually to the Mayor, every Alderman, the City Clerk and City
Solicitor/Corporation Counsel, and shall be posted in compliance with
RSA 91-A.
(2) For a public hearing required by law, the meeting
shall be scheduled on the same evening as a meeting of the relevant
aldermanic committee, and the committee Chairman shall chair the public
hearing. No final action by the full Board shall be taken at such
a meeting.
(3) A quorum of the Board shall be required, and all other
applicable rules of the Board shall be in effect for special meetings.
E. Participation by members in a meeting by electronic
or other means of communication shall be permitted as long as the
participation is permitted under and conducted in accordance with
New Hampshire Revised Statutes Annotated Chapter 91-A.
[Added 12-23-2008 by Ord. No. O-08-52]
F. The Mayor shall deliver an annual state-of-the-City address before the Board of Aldermen at a meeting of that body held on the third Tuesday of February. The only business of that meeting shall be the Mayor’s address and the provisions of §
5-14 shall not apply.
[Amended 12-23-2008 by Ord. No. O-08-52]
G. If the member
participating by telephone is the Board President or the Committee
Chairman, then the Vice President or Vice Chairman, respectively,
shall assume the role of presiding officer for the purposes of conducting
the meeting. In the absence of the Vice President or Vice Chairman,
the board or committee shall nominate a protem presiding officer.
[Added 12-23-2008 by Ord. No. O-08-52]
[NRO 1975, T. 3, § 3; NRO 1987,
§ 2-23]
A. The date, time and place of public budget hearings
shall be published in a local newspaper at least seven days prior
to the hearing. Such information shall also be posted, with a budget
summary, in two public places at least seven days before the hearing.
B. Copies of the budget to be presented at a hearing
shall be made available to the public at the City Clerk's office at
least seven days prior to such hearing.
[NRO 1975, T. 3, § 5; NRO 1987,
§ 2-24; amended 1-19-1976 by Ord. No. O-76-2; 9-14-1977 by Ord. No. O-77-219; 10-11-1977 by Ord. No. O-77-220; 11-14-1977 by Ord. No.
O-77-260; 12-29-1978 by Ord. No. O-78-155A; 2-9-1982 by Ord. No. O-82-01; 6-11-1985 by Ord. No. O-85-156; 1-6-1986 by Ord. No. O-86-01; 1-3-1988 by Ord. No. O-88-01; 1-9-1990 by Ord. No. O-90-03; 4-14-1992 by Ord. No. O-92-02; 12-8-1992 by Ord. No. O-92-10; 12-26-1995 by Ord. No. O-95-148; 2-24-1998 by Ord. No. O-98-04; 4-14-1998 by Ord. No. O-98-20; 3-26-2002 by Ord. No. O-02-05; 9-9-2002 by Ord. No. O-02-50; 5-25-2004 by Ord. No.
O-04-11; 12-28-2006 by Ord. No. O-06-65]
A. The President shall serve as an ex officio member
of all standing and special committees of the Board of Aldermen, except
the Finance Committee. The President shall count as an additional
member of a standing or special committee for the purpose of establishing
a quorum at every meeting he or she attends. The President shall have
a vote on every committee, except the Finance Committee and the joint
special school building committee, regardless of the appointed members
present and voting. The President may assume the Chair of any committee,
except the Finance Committee and the Joint Special School Building
Committee. The President may appoint himself or herself as one of
the Alderman-at-Large members of the Finance Committee per Charter
Section 50.
B. The President shall appoint Aldermen as called for,
with the first named being Chairman and the second named being Vice
Chairman, to the following standing committees:
(1) Seven-member committees:
(b) Finance Committee as denoted within the City Charter
Section 50.
(2) Five-member committees:
(a) Personnel/Administrative Affair: includes, but is
not limited to, the following: appointments: personnel classification,
policies, rules and licenses, and elections and returns.
(b) Infrastructure: responsible for traffic, street acceptance,
sewer fees, roads, lands and buildings.
[Amended 1-13-2009 by Ord. No. O-08-41]
(c) Planning and Economic Development: encompasses planning
and land use issues as well as economic development, downtown development,
and the City's technology policy.
(d) Human affairs: responsible for community development
block grant (CDBG), affordable housing, grant acceptance, elderly
affairs and the like, and review and comment activities.
(3) Two-member committee: Nashua Housing Authority Liaison
Committee, who, if possible, shall be members of the Human Affairs
Committee.
(4) One-member committees. One-member committees shall
have an alternate member appointed in the same fashion as the regular
member.
(a) Board of Health Liaison Committee, who shall be a
member of the Human Affairs Committee.
(b) Board of Public Works Liaison Committee.
(c) Board of Fire Commissioners Liaison Committee.
(d) Board of Education Liaison Committee.
(e) Board of Police Commissioners Liaison Committee.
[Added 2-26-2008 by Ord. No. O-08-04]
(f) Hunt Memorial Building Board of Trustees Liaison Committee.
[Amended 4-10-2012 by Ord. No. O-12-005]
(g) Planning Board member who, as defined in Chapter
190, shall be a member of the Planning and Economic Development Committee.
(h) Cable Television Advisory Board Liaison Committee.
(i) Veterans
Memorial Parkway Liaison Committee, who shall be a member of the Infrastructure
Committee. This Committee shall exist until the Veterans Memorial
Parkway project is completed.
[Added 1-13-2009 by Ord. No. O-08-41; amended 5-11-2021 by Ord. No. O-21-056]
(j) Nashua
Airport Authority Liaison Committee.
[Added 9-10-2014 by Ord. No. O-14-022]
(k) Nashua
Arts Commission Liaison Committee.
[Added 11-23-2010 by Ord. No. O-10-36]
(5) Joint committees.
[Amended 3-11-2014 by Ord. No. O-14-007; 6-14-2022 by Ord. No. O-22-018]
(a) Joint Special School Building Committee comprised of five members
of the Board of Aldermen and five members of the Board of Education
as provided by and for the purposes of New Hampshire Revised Statutes
Annotated Chapter 199.
(b) Joint Committee on Infrastructure and Board of Public Works Building
Committee comprised of all the members of the Board of Public Works
and all members of the Committee on Infrastructure for the purposes
of § 60 of the City Charter. The Chairperson of the Committee
on Infrastructure shall be the Chairperson of the Committee. All funds
appropriated by the Board of Aldermen for the construction of all
buildings erected, altered, remodeled or changed shall be administered
by the Committee, and those funds shall be disbursed upon authorization
of the Committee until final acceptance of the building by the Board
of Aldermen. The Committee shall oversee and decide all matters relating
to any construction on public works buildings; prepare and submit
monthly status reports relating to construction progress to the Board
of Aldermen; and prepare and submit monthly financial reports to the
total authorized construction budget and expenditures to date to the
Board of Aldermen.
(c) Joint Committee on Infrastructure and Police Commissioners Building
Committee comprised of all the Police Commissioners and all members
of the Committee on Infrastructure for the purposes of § A-104
of the City Charter. The Chairperson of the Committee on Infrastructure
shall be the Chairperson of the Committee. All funds appropriated
by the Board of Aldermen for the construction of all buildings erected,
altered, remodeled or changed shall be administered by the Committee,
and those funds shall be disbursed upon authorization of the Committee
until final acceptance of the building by the Board of Aldermen. The
Committee shall oversee and decide all matters relating to any construction
on Police Department buildings; prepare and submit monthly status
reports relating to construction progress to the Board of Aldermen;
and prepare and submit monthly financial reports to the total authorized
construction budget and expenditures to date to the Board of Aldermen.
(d) Joint Committee on Infrastructure and Fire Commissioners Building
Committee comprised of all the Fire Commissioners and all members
of the Committee on Infrastructure for the purposes of § A-593
of the City Charter. The Chairperson of the Committee on Infrastructure
shall be the Chairperson of the Committee. All funds appropriated
by the Board of Aldermen for the construction of all buildings erected,
altered, remodeled or changed shall be administered by the Committee,
and those funds shall be disbursed upon authorization of the Committee
until final acceptance of the building by the Board of Aldermen. The
Committee shall oversee and decide all matters relating to any construction
on Fire Department buildings; prepare and submit monthly status reports
relating to construction progress to the Board of Aldermen; and prepare
and submit monthly financial reports to the total authorized construction
budget and expenditures to date to the Board of Aldermen.
(e) The joint committees in Subsection
B(5)(a) through
(d) above shall be exempt from the provisions of §
5-90.
C. When a standing committee lacks a quorum of members as provided in Subsections
A and
B, any Alderman at Large who is present where said meeting is held, selected by the Chairman of the committee, shall be deemed to be a member of said committee pro tem for the purposes of establishing a quorum thereof and voting. Should an appointed member arrive at the meeting thereafter, pro tem members shall step down, and shall have no vote unless to do so would render the committee without a quorum.
D. All committee assignments shall be ratified by the
Board of Aldermen at its organizational meeting at each new term.
[Added 9-28-2010 by Ord. No. O-10-21]
A. Definition of "Liaison": the contact or connection maintained by
communications between units or with any other organization in order
to ensure concerted action and cooperation.
B. Primary role: The primary role of the Liaison shall be to communicate
with the other board, committee or group and report back to the Board
of Aldermen, and vice versa, so that a mutual understanding will be
established and maintained.
[NRO 1987, § 2-25; added 12-14-1999 by Ord. No.
O-99-153]
Subject to available funding, the Board of Aldermen
shall have such legislative assistants who shall work under their
direction and in coordination with other City departments and divisions
to fulfill the obligations of the City to maintain records of the
legislation and proceedings of the Board of Aldermen. These employees
shall be merit employees subject to all the provisions of the merit
system.
[Added 6-25-2013 by Ord. No. O-13-042]
A. Purpose
and intent. It is the intent of this section to provide for electronic
submission and access to the materials needed by the Board of Aldermen
to perform its duties, and to promote the use of electronic distribution
wherever possible, in order to reduce costs, and ensure the availability
of the materials during meetings.
B. Standards.
The Information Technology Chief Information Officer, in coordination
with the Legislative Manager, shall develop and publish applicable
standards for the format of electronic dissemination of information
to be sent to the Board of Aldermen. All correspondence from City
departments shall adhere to these standards. The standards shall be
established in such a way as to provide searchable individual copies,
as well as to produce single document records of a complete meeting.
[Amended 4-9-2019 by Ord. No. O-19-040; 12-14-2021 by Ord. No.
O-21-077]
C. Member
choices for electronic devices. Members of the Board may choose one
of the following three methods of participating in electronic distribution
of media.
(1) Use
of a City-owned tablet device. The Information Technology Chief Information
Officer shall select one or more options for devices provided by the
City. A member of the Board may choose to receive one of these devices.
Such devices shall remain the property of the City of Nashua, and
must be surrendered at the end of the individual's term of office,
unless the individual elects to purchase the device at its current
value at the time, as determined by the Information Technology Chief
Information Officer.
[Amended 4-9-2019 by Ord. No. O-19-040; 12-14-2021 by Ord. No.
O-21-077]
(2) Use
of a personally owned device. A member may choose to purchase a device
individually and use it for access. In such case the device must conform
to any constraints the Information Technology hief Information Officer
may develop for such devices.
[Amended 2-25-2014 by Ord. No. O-14-006; 4-9-2019 by Ord. No. O-19-040; 12-14-2021 by Ord. No. O-21-077]
(3) Paper.
A member may also request paper agendas and other supporting material,
which will be available in their city hall mailbox on Fridays at 3:00
p.m.
[Amended 2-25-2014 by Ord. No. O-14-006]
[Added 3-10-2020 by Ord.
No. O-20-005]
Members of the Board of Aldermen may choose to be referred to
as Alderman, Alderwoman, or Alderperson.
[NRO 1975, T. 3, § 201; NRO 1987,
§ 2-35]
The President of the Board of Aldermen shall
take the Chair at the time appointed for the meeting, and if a quorum
is present, shall call the members to order, and lead the members
in the pledge of allegiance to the flag of the United States of America.
The roll call of the members shall then be taken and the names of
the absentees recorded.
[NRO 1975, T. 3, § 202; NRO 1987,
§ 2-36]
The President of the Board of Aldermen shall
preserve decorum and order. He may speak to points of order in preference
to other members and, subject to an appeal to the Board by motion
regularly seconded, shall decide all questions of order. No other
business shall be in order until the question on appeal has been decided.
[NRO 1975, T. 3, § 203; NRO 1987,
§ 2-37; amended 5-10-1978 by Ord. No. O-78-40]
The Board of Aldermen shall choose one of its
own Aldermen at large as Vice President. The Vice President shall
be chosen by majority vote of the members of the Board of Aldermen
at any regular or special meeting of the Board. The Vice President
shall serve for a term equivalent to the term of ward Aldermen unless
sooner removed from office by majority vote of the members of the
Board of Aldermen. The Vice President shall preside at regular and
special meetings of the Board of Aldermen when the President does
not assume the Chair. If the President is absent for more than one
meeting, the Board may by a majority vote of those present and voting
authorize the Vice President in the absence of the President to take
all such actions as the President could take were he fully present.
[NRO 1975, T. 3, § 204; NRO 1987,
§ 2-38; amended 2-25-1977 by Ord. No. O-77-137; 4-12-1994 by Ord. No.
O-94-01; 8-9-1994 by Ord. No. O-94-42; 12-9-1997 by Ord. No.
O-97-188; 12-28-1999 by Ord. No. O-99-182; 2-27-2007 by Ord. No.
O-07-78; 9-28-2010 by Ord. No. O-10-21; 3-22-2011 by Ord. No.
O-11-50]
A. The
order of business for regular meetings of the Board of Aldermen shall
be as follows:
(1) Aldermanic President calls assembly to order;
(2) Prayer to be offered by the City Clerk;
(3) Aldermanic President or his designee leads in the pledge to the flag;
(4) Roll call by the City Clerk;
(6) Response to the Mayor's remarks;
(7) Recognition of a City employee or employees, citizen(s) or organization(s)
by the Board's President commended to the Board by the Mayor, the
Board's President or Vice President, or any member;
[Amended 2-13-2018 by Ord. No. O-18-002]
(8) Reading of minutes of previous meeting and public hearings. Without
objection, such minutes shall be accepted and placed on file and the
reading waived;
[Amended 2-13-2018 by Ord. No. O-18-002]
(9) Communications requiring only procedural actions of the Board and
written reports from liaisons, read by title only. Without objection,
such communications shall be accepted and placed on file.
[Amended 2-13-2018 by Ord. No. O-18-002]
(9a) A period not to exceed 15 minutes for the acceptance
of orally presented communications or comments from the public or
others relative to resolutions, ordinances, or communications to be
accepted in Subsection A(9b) upon which final action is expected to
be taken at the meeting. If there is a reasonable expectation by the
President of the Board that final action shall be taken on such an
item not on the agenda, the President shall allow comment on that
item of business. Upon vote of a majority of the Board members present,
the time for orally presented communications or comments may exceed
30 minutes due to additional speakers wanting to comment;
[Added 2-13-2018 by Ord.
No. O-18-002; amended 10-13-2020 by Ord. No. O-20-009]
(9b) Communications requiring final approval by the Board
of Aldermen, including but not limited to awards of contracts and
expenditure of funds;
[Added 2-13-2018 by Ord.
No. O-18-002; 10-13-2020 by Ord. No. O-20-009]
(10) Petitions presentation and disposal thereof. Without objection, petitions
shall be accepted, placed on file and, if appropriate, referred to
a committee of the Board and scheduled for any required public hearing;
[Amended 2-13-2018 by Ord. No. O-18-002]
(11) Such nominations, appointments and elections as may be in order;
(12) Reports of committees. Without objection, reports requiring no nonprocedural
action of the Board shall be accepted and placed on file;
[Amended 2-13-2018 by Ord. No. O-18-002]
(13) Confirmation of the Mayor's appointments, which shall be approved
without objection upon a unanimous recommendation of the Committee;
[Amended 2-13-2018 by Ord. No. O-18-002]
(14) Business unfinished at the previous meeting;
(15) New business, which may be introduced by any member;
(16) Communications, to include a period not to exceed 15 minutes for
the acceptance of orally presented communications or comments from
the public or others on items not on the agenda or regarding actions
taken by the Board during the current meeting;
[Amended 10-13-2020 by Ord. No. O-20-009]
B. Meetings
of committees of the Board of Aldermen shall include the following:
[Amended 10-13-2020 by Ord. No. O-20-009]
(1) Public comment at the beginning of the meeting, which comments shall
be germane to the meeting's agenda, and shall be limited to 30 minutes
total unless there are others who wish to speak, and then may be extended
by a majority of the public body present for a time certain;
(2) Public comment at the end of the meeting shall be for a period not
to exceed 15 minutes; and
C. Public comment allowed in Subsections
A and
B above shall be conducted as follows:
[Added 10-13-2020 by Ord.
No. O-20-009]
(1) Speaker
must sign in prior to the start of the meeting to indicate intent
to speak during public comment;
(2) Speaker
may not speak until recognized by the presiding officer;
(3) Speaker
shall identify him or herself by name and addresses when beginning
to speak;
(4) One
person speaks at a time;
(5) Each
speaker is limited to speaking once per public comment period and
is limited to three minutes during the first public comment period
and three minutes during the second comment period, which time may
not be deferred to another speaker or speaker;
(6) If there
has been a public hearing on a matter on the same day, there shall
be no further public comment allowed on that matter;
(7) The
presiding officer may allow questions at the presiding officer’s
discretion but only the presiding officer shall address the question
or call upon the most qualified person to answer the question;
(8) Prior
to or at a meeting, members of the public may submit written comments
to the full Board of Aldermen or the committee by email or paper copy.
It is the responsibility of the member of the public to have enough
paper copies and such copies shall be handed to the clerk for distribution
prior to the start of the meeting. Written comments may be accepted
as correspondence but shall not be read in to the record;
(9) Excessive
repetition and irrelevant remarks are discouraged;
(10) Profane
and/or obscene remarks are prohibited; and
[Added 9-14-2022 by Ord. No. O-22-024; amended 7-11-2023 by Ord. No. O-23-054]
(11) The
presiding officer has authority to terminate the remarks of any speaker
when such remarks do not adhere to this chapter or other applicable
law.
[NRO 1975, T. 3, § 205; NRO 1987,
§ 2-39]
A. Each motion shall be reduced to writing if the President
of the Board of Aldermen so directs.
B. When a question is under debate, the following motions
may be received:
(4) Postpone to a certain time;
(7) Postpone indefinitely; which several motions shall
have precedence in the order in which they stand arranged.
C. All motions, debatable or nondebatable, shall be subject
to inquiry in accordance with Mason's Manual of Legislative Procedure,
Section 85.
[Amended 12-11-2007 by Ord. No. O-07-110]
[NRO 1975, T. 3, § 206; NRO 1987,
§ 2-40]
After a question is stated or read by the Chair,
it shall be deemed in the possession of the Board of Aldermen and
shall be disposed of by vote. However, a question may be withdrawn
by the mover at any time before amendment or decision.
[NRO 1975, T. 3, § 207; NRO 1987,
§ 2-41; amended 3-14-1995 by Ord. No. O-94-78]
A. All questions shall be put by the President, and each
Alderman shall be required to vote thereon by signifying an assent
or dissent by announcing yea or nay. If the President doubts, or a
division is called for, the Aldermen shall divide, and the President
shall then state the decision of the Board.
B. On request of any member, the yeas and nays on any
question shall be taken and entered upon the journal.
C. A member may abstain from voting only if he declares
a conflict of interest or potential conflict of interest relative
to the question being voted on. In such case the member shall be considered
absent for the purpose of disposition of the question. The member
shall declare his intention to abstain prior to the vote, and his
reason for abstaining shall be entered upon the journal.
[NRO 1975, T. 3, § 208; NRO 1987,
§ 2-42; amended 2-11-1997 by Ord. No. O-96-108; amended 12-28-2006 by Ord. No.
O-06-66]
A. No vote shall be reconsidered by the Board of Aldermen unless the motion for reconsideration is made by a member who voted with the majority and such motion is made at the same or at the next regular meeting of the Board. A vote is successfully reconsidered on the affirmative majority vote of those members present and voting. The provisions of this section may not be suspended under §
5-23.
B. When a vote is successfully reconsidered, that vote
is cancelled as though it had never been taken, and opens a reconsidered
measure to a vote to pass, or amend followed by a vote to pass or
table or refer to committee; or reject, or indefinitely postpone,
or table, or refer to committee.
[Amended 2-26-2008 by Ord. No. O-08-07]
C. After reconsideration, a measure that is amended as
to present a substantially different proposition, upon passage, may
be reconsidered by the full Board in the same manner as a new measure.
D. Reconsideration in committee is subject to the same
rules as the Board of Aldermen, except a committee may reconsider
its recommendation on a measure at any time before the full Board
of Aldermen votes to consider the measure, and reconsideration of
a vote may be moved by any member of the committee.
[NRO 1975, T. 3, § 209; NRO 1987,
§ 2-43; amended 8-15-1977 by Ord. No. O-77-205; 11-28-1977 by Ord. No.
O-77-252; 4-12-1978 by Ord. No. O-78-23; 12-14-1978 by Ord. No.
O-78-144; 3-12-1996 by Ord. No. O-96-09; 3-13-2001 by Ord. No.
O-00-69; 5-13-2003 by Ord. No. O-03-161]
A. Every ordinance, order or resolution shall be passed
through first reading, second reading, passage to be recorded, before
it shall be considered as having received the final action of the
Board of Aldermen.
B. Following the first reading of a resolution or ordinance,
the President of the Board of Aldermen, following any debate, shall
refer such resolution or ordinance to its proper committee without
a motion from the floor.
C. All ordinances and resolutions shall be voted on and
passed by title reading only.
D. All committee reports shall be accepted and placed
on file without a motion from the floor unless objected to by a member
of the Board of Aldermen.
E. The sponsor(s) shall authorize the introduction of
ordinances and resolutions no later than 5:00 p.m. on the Wednesday
prior to the Board's regular meetings. A member may be an endorser
only if the member signs the legislation. Additional endorsements
can be made upon first reading of the legislation, but not subsequent
to that time.
F. All ordinances and resolutions shall be prepared or
reviewed by the City Solicitor/Corporation Counsel before they shall
be endorsed.
G. All resolutions and ordinances which involve the expenditure
of funds shall specify in the body of the legislation the amount and
the source of the funds to be expended.
H. Upon request
by an employer board, the financial division shall prepare a cost
analysis of a collective bargaining agreement for the employer board’s
review and consideration.
[Added 9-22-2009 by Ord. No. O-09-70]
I. No resolution to approve the cost items of a collective
bargaining agreement shall be introduced without an attached cost
analysis of the collective bargaining agreement. This provision shall
be waived if the cost analysis has not been completed within 21 days
of the submission of the collective bargaining agreement to the office
of City Solicitor/Corporation Counsel. Furthermore, all resolutions
to approve the cost items of a collective bargaining agreement shall
include both a marked-up copy of the collective bargaining agreement
showing all additions and deletions to the agreement, as well as a
clean copy of the proposed collective bargaining agreement.
[Added 2-27-2007 by Ord. No. O-06-70; amended 9-15-2010 by Ord. No. O-10-20]
J. No resolution
that transfers or appropriates money from any reserve account, expendable
trust fund, or undesignated fund balance shall be introduced without
an attached account analysis showing the impact of the proposed resolution
on the account, and the direct financial impact to any other accounts.
For the purposes of this section, an analysis is defined as the process
of breaking down a complex topic or substance into smaller parts to
gain a better understanding of it.
[Added 11-12-2008 by Ord. No. O-08-31; amended 1-25-2011 by Ord. No.
O-10-39]
K. If the Mayor vetoes any ordinance, resolution or vote,
or part thereof, pursuant to Section 47 of the City Charter, the following
procedure shall be followed:
(1) The City Clerk shall place the veto message on the
agenda for the next aldermanic meeting under the section designated
"Communications."
(2) The City Clerk shall also, under the appropriate section
of old business, set down as the last item of that section the ordinance,
resolution or vote or portion thereof, which has been vetoed by the
Mayor.
(3) Upon reaching the vetoed item of old business:
(a) The Board may take action by a motion to reconsider,
made by a member who voted with the prevailing side on the original
vote. A vote to reconsider shall be effective on a simple majority
vote of those members present and voting.
(b) If no motion to consider is made, or if a motion to
reconsider fails, the vetoed item shall not take effect. A failed
vote to reconsider may be reconsidered at the next regular meeting
of the Board, but not following that meeting's adjournment.
[Amended 3-27-2007 by Ord. No. O-06-50]
(c) If a vote to reconsider prevails the Board may, upon
motion of any member, vote to override the Mayor's veto, or amend
followed by a vote to pass or table or refer to committee; or reject,
or indefinitely postpone, or table or refer to committee.
[Amended 3-27-2007 by Ord. No. O-06-50]
(d) If the Mayor's veto is overridden by affirmative roll
call vote of at least 10 members of the Board, final passage over
the veto shall become effective.
[Amended 3-27-2007 by Ord. No. O-06-50]
(e) If the vote to override fails, the Board may then
vote to amend followed by a vote to pass or table or refer to committee;
or reject, or indefinitely postpone, or table or refer to committee.
[Amended 3-27-2007 by Ord. No. O-06-50]
(f) A prevailing vote to substantially amend and pass
the vetoed item cancels all previous action and the amended item is
treated as a new measure, subject to the Mayor's veto in its amended
form.
[Amended 3-27-2007 by Ord. No. O-06-50]
(g) The option to override the Mayor's veto following
a successful vote to reconsider is unaffected by the vetoed item being
either tabled at the full Board or referred to committee and is preserved
until the item is finally disposed of by the Board of Aldermen, either
by override, or amendment and passage, or rejection or indefinite
postponement.
[Added 3-27-2007 by Ord. No. O-06-50]
[NRO 1975, T. 3, § 210; NRO 1987,
§ 2-44]
A bill may be rejected by the Board of Aldermen
at any stage of its progress but may not pass through all its stages
in one day.
[Added 3-22-2011 by Ord. No. O-11-54]
A. All requests for approval of appointments and reappointments shall
be accompanied by a brief description of the relevant board, commission,
committee, or position, and, if a reappointment, the number of terms
and years that the candidate has served in that position.
B. All initial appointments or appointments from alternate to regular
membership shall be interviewed in public by the appropriate aldermanic
committee. Reappointments shall only be interviewed in public by the
appropriate aldermanic committee at the request of any member of the
Board of Aldermen.
[Amended 5-13-2014 by Ord. No. O-14-014]
[NRO 1975, T. 3, § 212; NRO 1987,
§ 2-45]
No member of the Board of Aldermen shall hold
conversation with another during the reading of the journal, while
a paper is being read, a member is speaking in debate or a question
is being stated by the Chair.
[NRO 1975, T. 3, § 213; NRO 1987,
§ 2-46]
If any member shall transgress the rules of
the Board of Aldermen, the President shall, or any member may, call
him to order. In such case, the member so called to order shall take
his seat, and the Board may decide the question on appeal.
[NRO 1975, T. 3, § 214; NRO 1987,
§ 2-47; amended 2-13-2018 by Ord. No. O-18-003]
Unless suspended by a majority vote of the members
of the Board of Alderman present for a specific purpose, the rules
and orders set out in this division shall be observed in all cases.
[NRO 1975, T. 3, § 215; NRO 1987,
§ 2-48; amended 10-25-1977 by Ord. No. O-76-7; 3-14-1995 by Ord. No. O-94-78]
A. Except in cases covered by the City Charter or other
ordinances of the City, the rules in Mason's Manual of Legislative
Procedure, 2020 Edition, shall govern the proceedings of the Board
of Aldermen.
[Amended 1-26-2010 by Ord. No. O-10-02; 4-26-2022 by Ord. No. O-22-013]
B. Action previously taken by the Board may be rescinded
only when the proposal to rescind is placed on the Board's agenda
by communication, resolution or ordinance, as appropriate. Passage
of a motion to rescind previous action by the Board within the same
two-year term of the Board shall require an affirmative vote of eight
members of the Board of Aldermen.
[Added 1-23-2007 by Ord. No. O-06-74]
C. The originating
(first-listed) aldermanic sponsor of legislation before a standing
or ad hoc committee of the Board of Aldermen who is not a member of
that committee may introduce and debate amendments to this legislation,
but shall have no vote on the committee.
[Added 1-27-2009 by Ord. No. O-08-51]
D. Any recommendation
made to the Board of Aldermen by City staff as part of their employment
shall include the names and job titles of the City staff that participated
in producing the recommendation and the reasons for the recommendation.
[Added 8-10-2010 by Ord. No. O-10-17]
E. The presiding officer of the Board or a committee may request of
the Board or committee that any procedural motion be accepted in the
absence of objections by members of the Board or committee.
[Added 2-13-2018 by Ord.
No. O-18-004]
[NRO 1975, T. 3, § 216; NRO 1987,
§ 2-49]
All bylaws passed by the Board of Aldermen shall
be termed ordinances, and the enacting style shall be: "The City of
Nashua ordains."
[NRO 1975, T. 3, § 217; NRO 1987,
§ 2-50]
A. Unless otherwise provided therein, each ordinance,
resolution or order passed by the Board of Aldermen as to which the
Mayor does not have a negative shall take effect upon its passage.
B. A vote, ordinance or resolution or any part thereof
as to which the Mayor has a negative shall take effect either upon
signing and approval by him, or upon the failure of the Mayor to act,
upon the expiration of seven days from its passage.
C. If a vote, ordinance or resolution or any part thereof
is vetoed by the Mayor and upon reconsideration is passed over such
veto by an affirmative vote of not less than 10 Aldermen on roll call,
it shall take effect on its passage unless otherwise provided therein.
[NRO 1975, T. 3, § 218; NRO 1987,
§ 2-51]
A. Each ordinance shall bear the date of its passage,
as attested by the City Clerk and the President of the Board of Aldermen
and, if necessary, the date of its approval by the Mayor or of its
reconsideration or enactment by the Board of Aldermen notwithstanding
the objection of the Mayor.
B. All ordinances which are enacted shall be recorded
by the City Clerk in the order in which they were passed.
C. The City
Clerk shall cause all ordinances passed by the Board of Aldermen to
be published by title one day in a newspaper of local circulation;
but whenever the City shall make a general revision of all its ordinances,
no publication of such revised ordinances shall be required in any
newspaper.
[Added 9-23-2008 by Ord. No. O-08-32]
D. Immediately
after the passage of any ordinance, the City Clerk shall cause the
same to be printed upon sheets uniform in size and style as the Code,
and sufficient in number to meet the public needs.
[Added 9-23-2008 by Ord. No. O-08-32]
[Added 9-23-2008 by Ord. No. O-08-32]
Public hearings shall be conducted as follows,
unless another procedure is required by statute or ordinance:
A. An explanation
of the subject of the hearing shall be presented to the public by
the sponsor(s) of the measure being heard or by administrative or
professional staff under prior arrangement with the chair of the board
or committee holding the public hearing.
B. Following the presentation set forth in Subsection
A, the chair shall recognize members of the public to testify in favor, followed by members of the public opposed and shall allow an opportunity for rebuttal by members of the public.
C. The chair
of the board or committee holding the hearing may allow questions
from the public and recognize sponsors or staff to respond to those
questions.
D. The public
hearing shall not be limited in duration nor may members of the public
be denied the opportunity to speak, but the chair may set or extend
time limits for each member of the public speaking, subject to motion
and affirmative vote by members of the board or committee holding
the hearing.
[Amended 10-22-2013 by Ord. No. 13-037]
A. Upon receipt of the notice of the annual shareholder meeting and
the proxy card, these materials shall be submitted for approval to
the Board of Aldermen.
B. All decisions necessary to enter the City's shareholder vote by proxy
at the Pennichuck Corporation Annual Meeting of the Sole Shareholder
shall be made by vote of the Board of Aldermen and the City shall
submit its vote via proxy card mailed to the Pennichuck Board of Directors.
C. All individual proposals listed on the proxy card for the Annual
Meeting of the Sole Shareholder shall be separately raised and discussed
by the full Board of Aldermen.
D. For the election of directors for the Board of Directors, the qualification
of each nominee shall be reviewed and discussed individually.
E. The Board of Aldermen shall authorize the Mayor to submit the proxy
card, if the Mayor is not a member of the Board of Directors of the
corporation, and shall otherwise authorize the president of the Board
of Aldermen to submit the proxy card.
[NRO 1975, T. 3, § 221; NRO 1987,
§ 2-54]
The issuance of bonds or tax anticipation notes
by the City shall be authorized by a resolution of the Board of Aldermen,
passed by at least 2/3 of all the members of the Board. All such bonds
and notes shall be signed by the Mayor and countersigned by the City
Treasurer, and shall have the City Seal affixed thereto.
[NRO 1987, § 2-55; amended 10-22-2002 by Ord. No.
O-02-105; 3-25-2003 by Ord. No. O-03-141]
A. Members shall treat each other with respect and courtesy
and as equals entitled to the same rights.
B. In order to best serve the citizens of Nashua, members
must provide assistance and support to one another, and work together
to accomplish their common goals.
C. Debate is an essential feature of democratic government
and, as such, requires clarity and honesty on the part of each speaker
and attentiveness on the part of all members.
D. Indecent, vulgar or disorderly language is always
inappropriate and demeans the entire Board.
E. While it is always proper to question or condemn the
nature or consequences of a proposed measure, it is never proper to
question the motives or good faith of that measure's proponents or
opponents.
F. Each member is responsible for the behavior of his
or her fellow members, since inappropriate behavior which goes unchallenged
reflects badly on the entire Board.
G. Members shall address his or her colleague by title
followed by surname or title and the district/ward he or she represents.
H. Members of the public attending or participating at
meetings and hearings shall be treated with respect and courtesy in
accordance with this section.