Portsmouth council amends administrative code after school board raises jurisdiction concerns

Portsmouth city council on Aug. 18 approved an amended second reading of updates to Chapter 1 of the administrative code, moving language that clarifies administrative duties and the city manager’s responsibilities and scheduling a third and final reading for Sept. 8. The council approved a legal-department amendment narrowing wording about IT oversight after members of the Portsmouth School Board and public commenters urged explicit protections for school authority. The council’s action keeps further review and a possible tweak before final adoption. The changes recast department names and duties, reflect charter amendments adopted earlier this year, and relocate a handful of operational provisions from Chapter 2 into Chapter 1. Regulatory counsel Suzanne Woodland told the council the updates modernize the code, align administrative language with the city charter and state law, and incorporate roles for recently expanded municipal IT and human resources functions. Woodland said the finance section was also clarified to avoid an expensive, duplicative state-required audit in the event of a tax-collector turnover. School officials and speakers during public comment said they were concerned the proposed language could infringe on the authority of Portsmouth’s elected school board and cited RSA 189 (state statutes governing school districts). Richard Huda and other speakers from the school community urged explicit language protecting school authority over line-item appropriations, contracting, staffing and school operations. School Board Chair Petra Huda said the board had not yet had time to review a legal-department tweak circulated the same day as the meeting and asked the council to wait so the board could weigh in. Council members and city legal staff said the school department is a charter department and therefore remains subject to the charter; the council and city attorneys also explained that Portsmouth’s school department is not a separate legal entity distinct from the city, a point that affects how RSA 189 applies in practice. Legal staff and the city manager said discussions since first reading produced a recommended edit that removes the sentence prompting the most concern and replaces a prior-approval clause for technology acquisitions with a narrower statement that the chief information officer “has authority to establish and ensure compliance with IT standards for cybersecurity, system resilience, and operational efficiency.” Councilor Tim Cook moved to adopt the legal department’s amendment; the motion passed and the council then voted to pass second reading as amended and schedule third and final reading Sept. 8. Councilmembers stressed the change is intended to clarify citywide IT and HR standards, not to strip any school authority defined by the charter or state law. The council asked staff to notify the school board of the amendment in advance of the Sept. 8 meeting so the board can review the revised text. The council recorded continued exchanges about the practical consequences for school hiring, contracting and technology deployment; legal staff said the recommended edits would not alter the school board’s charter authorities but agreed to continue conversations with school leadership to address operational concerns.