Charter Commissioners Say: 

No Vote to Adopt Taken.  Report Invalid

Matt, this letter will be printed, signed and hand delivered tomorrow.  In the interest of time, we are sending it via email now.

April 25, 2013


City Clerk Matt Normand
City of Manchester
One City Hall Plaza
Manchester, NH 03101

Clerk Normand:

After last night’s meeting, we were concerned that a proper motion to adopt, and forward to your office, the revision report containing those changes approved by the Charter Commission wasn’t actually made.  As we had slightly differing recollections of what the motion was, Vice Chairman Girard requested a clip of the motion from Manchester Public Television Services this morning for review.  After receiving the clip, he forwarded it to commissioners Infantine and Pappas for review and discussion.  As a result, we are sending this letter.

The only motion made regarding acceptance and referral of the report was from Commissioner Ashooh, who said:

“So, I make a motion to make it unanimous that we support all of the elements that we’ve proposed that we are now signing the sheet on.”  It was seconded by Commissioner Lopez.

Commission Chairman Duval recast the motion saying:  “So, there’s been a motion by Commissioner Ashooh to move for unanimous consent of all the revisions that passed this body seconded by Commissioner Lopez.”  He then immediately called for the vote, without discussion.

However phrased, the premise of the motion was on unanimity, not the adoption and reporting of the revisions.  We voted against the motion, each of us believing there would be an actual motion to adopt and forward the revision report.

The meeting quickly adjourned thereafter with no motion to accept the changes proposed and forward the report of those changes to your office.

Because of this, we do not believe the commission acted to adopt or forward any revisions to the charter.  Therefore, we believe that any proposed revisions received by your office were transmitted without a proper action of the commission and are, therefore, not valid and should not be disseminated to the public or sent to state officials for their review.  In effect, we believe that no revisions, under the law, were adopted.  Moreover, the deadline for them to be adopted and reported having passed, we do not believe their adoption and reporting is possible.

Your immediate attention and reply to this matter is requested.

Thank you,

Rich Girard                         Nick  Pappas                     Will Infantine
Vice Chairman                  Commissioner                  Commissioner

Here’s a link to the video for your review: