2006-849, CHARLES P. FORSBERG & a. v. KEARSARGE REGIONAL SCHOOL DISTRICT

No. 2006-849

Merrimack

Kearsarge Regional School District Charter for Official Ballot Voting Wilmot. In 1997, the voters of the school district adopted a home rule charter. towns of Bradford, Newbury, New London, Springfield, Sutton, Warner and The Kearsarge Regional School District (school district) contains the

Soule, Leslie, Kidder, Sayward & Loughman

(McHugh residents of the Kearsarge Regional School District, appeal the Superior Court’s BRODERICK, C.J. The plaintiffs, Charles P. Forsberg and eleven other a petition for declaratory judgment and injunctive relief, seeking the court’s the Supreme Court under Rule 33(2), by brief and orally, for the plaintiffs. 1997, revised March 8, 2006) (hereinafter Charter). In 2006, the plaintiffs filed Charles P. Forsberg, non-lawyer representative appearing by approval of (July 1,

injunctive relief. We affirm.

, J.) order denying their petition for declaratory judgment and

Loughman THE SUPREME COURT OF NEW HAMPSHIRE on the brief and orally), for the defendant.

page is: http://www.courts.state.nh.us/supreme. a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 to press. Errors may be reported by E-mail at the following address: editorial errors in order that corrections may be made before the opinion goes Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as p. 2 RSA 49-D:1 (2003) provides:

town, the charter shall be prepared pursuant to RSA 49-D. II. If the proposed charter denominates the municipality as a

either a town or city government. by referendum a municipal charter, in which they may establish chapter, to create a charter commission and to present to its voters

New Hampshire constitution, and implemented through this the home rule powers recognized by article 39, part first, of the I. Any incorporated town or city . . . shall be entitled to exercise

RSA 49-B:2 (Supp. 2007) provides:

other warrant articles as the school district may determine. by official ballot, pursuant to RSA 49-B and RSA 49-D, on such school district may also include within its charter a plan for voting D:3, II-a by following the procedures set forth in RSA 49-B. The 2 the support of schools by official ballot as provided for in RSA 49any school district may vote to raise and appropriate money for

unsupported by the evidence or legally erroneous.” McGrath v. Town of judgment unless its decision is an unsustainable exercise of discretion, or is “We will not disturb a trial court’s dismissal of a petition for declaratory

Pursuant to RSA 197:5-b (1999),

procedure for voting on the operating budget under the Charter On appeal, the plaintiffs argue that the trial court erred in ruling that the

Canaan, 147 N.H. 623, 624 (2002).

that no operating budget is adopted. We disagree. out in RSA 40:13, X (Supp. 2007) allowing for a default budget in the event argue that the Charter is flawed because it does not contain the procedure set fixed, laid, or levied . . . without the consent of the people.” The plaintiffs also Hampshire Constitution, which provides that no tax “shall be established, official ballot question, the Charter violates Part I, Article 28 of the New opportunity at the second session of the annual meeting to vote “no” on the unlawful nor unconstitutional. They contend that because there is no

consider its operating budget. “unlawfully disenfranchised” as a result of how the Charter permits voters to plaintiffs’ position that the voters “lacked true choice” and have been school district budget. In denying their petition, the trial court rejected the assistance in enabling the parties to amend the Charter with respect to the p. 3 RSA 49-D:3, II-a. part or all of the annual town operating budget,” are voted on by official ballot. an official ballot town meeting charter, “some or all warrant articles, including & Supp. 2007). RSA chapter 49-D sets forth the form of government. Under charter is for a town, it must be prepared pursuant to RSA chapter 49-D (2003 requirements for adopting or amending a home rule charter. If the proposed Thus, RSA chapter 49-B (2003 & Supp. 2007) establishes procedural

ballot procedure to special meetings. necessary during the year, and the applicability of the official

various departments, funds, accounts, and agencies as may be official ballot, the procedures for the transfer of funds among

discussion, and amendment of questions to be placed on the

for the annual budget, the process for public hearings, debate, items to be included on the official ballot, a finalization process

town meeting it shall also specify with precision the budgetary in all respects. . . . When a charter provides for an official ballot meetings shall apply to the official ballot and open town meeting

petitioned articles at such meetings, and the conduct of such

law relative to town meetings, their warning, the right for town meeting is included in any charter, the provisions of general matters not voted on by official ballot. When an official ballot shall be vested only with the limited authority to vote on all budget, by official ballot. In such event, the open town meeting articles, including part or all of the annual town operating

town meeting which provides for voting on some or all warrant II-a. Official ballot town meeting shall be a variation of the open

. . . .

meeting. See government provided for in RSA 49-D:3, II-a, which is official ballot town School districts adopting home rule charters are limited to the form of

pursuant to the process and restrictions set forth in RSA 49-B. of town government which may be adopted by any municipality state of New Hampshire by providing an outline of optional forms powers recognized by part I, article 39 of the constitution of the of the following types of legislative bodies: prescribed by this chapter may adopt a charter providing for one Town charters adopted under RSA 49-B and patterned as

RSA 197:5-b. RSA 49-D:3 (Supp. 2007) provides that:

It is the purpose of this chapter to implement the home rule p. 4 Id

with the warrant. Vote for only: A or B or C.[”] amounts for the purposes set forth in the budget article posted appropriations by special warrant articles, one of the following

appropriate as an operating budget, not including

“Shall the voters of [the school district] vote to raise and

to read: and the [Municipal Budget Committee]. The form of the question

Under the Charter 4

Charter, the school district’s voters do have an opportunity to vote “no” on the only one budgeted figure or be framed as a “yes” or “no” question. Under the rule charters provide for the operating budget question on the ballot to contain annual budget. See questions on the Proposed Operating Budgets of the School Board RSA 49-D:3, II-a. The statutes do not require that home permitted under the home rule statute as part of the finalization process for the be placed as a question on the Official Ballot, together with the the amended budget figure. This method of adopting the school budget is budget or, if the deliberative meeting has voted to amend the operating budget, the voters to vote for either the school board’s budget, the budget committee’s voting in March. Under the terms of the Charter, the ballot question on the operating budget instructs Final action on the operating budget takes place at the official ballot Official Ballot votes on the questions.” p. 4 Id., Article VII, A.6. Operating Budget shall be finalized by the appropriate majority/plurality of the amended budget figure. The Charter also provides that “[t]he Proposed to amend the operating budget amount has been adopted at the first session, either the school board’s figure, the budget committee’s figure, or, if a motion ., Article VII, A.5. The official ballot, therefore, instructs the voters to pick the wording of the Proposed Operating Budget, as amended, shall Upon passage by the appropriate majority vote at the 1 Session, st

amend the proposed operating budget figure. Thus, the voters at the first session of the annual meeting have the power to subject to explanation, discussion, debate and vote.” Charter, Article VII, A.4. the Proposed Operating Budget. The motion, properly seconded, shall be voting at the 1 Session of the Annual Meeting may enter a motion to amend st day in March. The Charter provides that “[school district] voters present and deliberative meeting in January, followed by official ballot voting on election Charter, the school district’s annual meeting is held in two sessions – a district] to participate in the voting process.” Charter, Article I. Under the purpose in doing so was “[t]o expand the ability of the voters of the [school Charter providing for an official ballot town meeting. The school district’s Pursuant to this statutory authority, the school district adopted the p. 5 5

does not apply to this school district. The Charter alternative to the school board’s or the budget committee’s operating budget, In addition, RSA 40:13, X, which provides for a default budget as an

DALIANIS, DUGGAN, GALWAY and HICKS, JJ., concurred.

Affirmed

RSA 49-D:3, II-a, as set forth above, none of which requires a default budget. Charter under the authority granted in RSA 197: p. 5 5-b, RSA chapter 49-B and authority granted in RSA 40:13. Rather, the school district adopted the

board’s proposed operating budgets. of the annual meeting, along with the budget committee’s and the school majority vote, the amendment will appear on the warrant at the second session right to amend the operating budget article. If a voter amendment receives a school budget at the deliberative session of the annual meeting because of the