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Select Board says petition warrant articles largely nonbinding; schedules hearing on changing board size
Summary
Board chair said several petition warrant articles read at the meeting are non-actionable under state law; the board noted one valid petition to expand the Select Board to five members (Article 13) and scheduled a public hearing for March 3.
The Ossipee Select Board on Feb. 10 reviewed a set of petition warrant articles and told the public that most of the proposals are non-actionable under New Hampshire statutory limits on municipal authority, while identifying one valid petition to increase the Select Board from three to five members.
Chairman Smith read petition language and a list of signers for several warrant articles and told attendees that many petitions — including ones proposing a 25% property-tax reduction for residents 72 and older, a policy to separate paid and volunteer town roles, and a directive about meeting start times — cannot be implemented by the town because they conflict with state law or fall outside municipal authority.
"This is what they call an illegal warrant article or nonactionable," Chairman Smith said, adding that the town is a Dillon's-Rule state and the legislature determines municipal authority. Smith told residents the petition to expand the Select Board to five members is a legally valid warrant article and that the board will hold a required public hearing on March 3.
During public comment, resident Ed Comeau asked the board to identify the statute that already limits conflicting offices. Matt, the town administrator, and board members cited state law on incompatibility of offices and other statutes when explaining the limits. Matt referenced RSA 36-A:4 for conservation-acceptance procedure and recited relevant sections regarding incompatibility and board duties, including RSA 72:39-a (elderly tax-exemption process) and RSA 41:8-c, and referred to an incompatibility provision cited in the meeting transcript (chapter/RSA reference recorded in the transcript as incompatibility of offices).
Why it matters: petition warrant articles are placed on the ballot for voter consideration but cannot compel the town to adopt policies that conflict with state statute. The board’s review and its March 3 public hearing provide voters a forum to ask questions before the article appears on the ballot.
The Select Board encouraged residents with views on Article 13 (the proposal to expand the Select Board to five members) to attend the March 3 public hearing. The final decision on Article 13 will be made by town voters on election day.
