Town of Hooksett v. Baines

813 A.2d 474, 148 N.H. 625, 2002 N.H. LEXIS 187
CourtSupreme Court of New Hampshire
DecidedDecember 12, 2002
DocketNo. 2001-635
StatusPublished
Cited by11 cases

This text of 813 A.2d 474 (Town of Hooksett v. Baines) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Hooksett v. Baines, 813 A.2d 474, 148 N.H. 625, 2002 N.H. LEXIS 187 (N.H. 2002).

Opinion

Dalianis, J.

The petitioner, Town of Hooksett (town), appeals an order of the Superior Court {Fitzgerald, J.) declaring invalid the town’s charter provision imposing term limits on locally elected officials. We affirm in part and vacate in part.

The following relevant facts are undisputed. In 1967, the town voters established a sewer commission (commission) in accordance with RSA 149-I:19-:21 (1996) (formerly RSA 252:19, :20, :22). In 1989, the town adopted a charter that established a town council form of government. See RSA ch. 49-B (1991). Section 10.17 of the charter provides: “No member of a board, committee or commission whether appointed or elected can serve more than two (2) consecutive terms.”

After serving two consecutive terms as a town sewer commissioner, the respondent, Sidney Baines (Baines), filed a declaration of candidacy for a third term, but later withdrew from the election. He was nonetheless reelected for a third term after receiving forty-nine write-in votes. The town subsequently filed a petition for declaratory judgment in July 2000, requesting that the court declare Baines ineligible to serve as sewer commissioner for a third term in light of the charter. The trial court held a brief hearing at which the parties presented evidence and legal argument. At the hearing, the town expressly requested that the court not rule on the issue of how the sewer commission could be abolished, but rather address only whether sewer commissioners are subject to section 10.17 of the charter.

In its decision, the trial court noted:

The sole issue presented in this case appears to be a question of first impression in New Hampshire and it is whether the citizens of a town may by charter amendment set limits on the time an individual may hold an office which was established by state statute.

The court denied the petition, ruling that the town may not alter the qualifications for office set by the legislature. This appeal followed.

The primary issue for our consideration is whether the town has the authority under RSA chapter 49-B to impose term limits upon elected officials. Resolution of this issue necessarily involves an inquiry into whether the town’s ability to enact such legislation has been preempted by either State statute or constitutional provision. The town asserted at oral argument that in light of the trial court’s findings and rulings, we must [627]*627first determine whether the sewer commission is subject to the charter before engaging in a preemption analysis. The trial court granted the following requests for findings and rulings:

2. The Hooksett Sewer Commission is an independent public entity and political subdivision of the State of New Hampshire, separate and distinct from the Petitioner Town of Hooksett, and analogous to free-standing village districts authorized pursuant to RSA Chapter 52.
6. The Hooksett Town Charter does not apply to the Hooksett Sewer Commission and, in particular, the election of Hooksett Sewer Commissioners and to the qualifications for holding the office of Sewer Commissioner as the latter are governed by RSA 149-1:19,20.

The trial court stated, however, that these rulings were limited to the single issue addressed in the order. As a result, we will not decide whether sewer commissions are generally subject to town charters, but will instead consider whether the town’s ability to impose term limits is preempted by general law or the constitution.

It is well settled that towns cannot regulate a field that has been preempted by the State. Town of Salisbury v. New England Power Co., 121 N.H. 983, 985 (1981). “The preemption doctrine flows from the principle that municipal legislation is invalid if it is repugnant to, or inconsistent with, State law.” Casico v. City of Manchester, 142 N.H. 312, 315 (1997). Thus, preemption will occur when local legislation either expressly contradicts a statute or otherwise runs counter to the legislative intent underlying a statutory scheme. Id. Generally, a detailed and comprehensive State statutory scheme governing a particular field is demonstrative of the State’s intent to preempt that field by placing exclusive control in the State’s hands. Id. That the State has created a comprehensive statutory scheme does not automatically result in preemption, however, because it could nonetheless authorize additional municipal regulation. Id. at 316.

That the State has created a comprehensive statutory scheme governing elections in New Hampshire is not disputed. Part I, Article 11 of our State Constitution, in pertinent part, provides: “Every inhabitant of the state, having the proper qualifications, has an equal right to be elected into office.” “Because ‘proper qualifications’ was defined neither in Article 11 nor in the constitution itself, the legislature necessarily had the [628]*628constitutional authority to define its scope.” Fischer v. Governor, 145 N.H. 28, 32 (2000). The legislature has enacted statutes regarding qualifications for elected office. For example, the legislature has provided that any person seeking any elected office in the State must be a citizen of the United States, either by birth or by naturalization, and have a domicile in the State. RSA 655:1, :2 (1996). In addition, with respect to town elections, RSA 669:6 (1996) provides that “[u]nless otherwise provided by law, no person shall hold an elective town office who does not have his domicile within the town.”

The town argues that its term limits provision is neither repugnant to, nor inconsistent with, the general statutory scheme because: 1) the provision addresses only local concerns and does not affect State elected officials; and 2) the statutory scheme recognizes a town’s interest in managing the internal affairs and structure of government. In addition, the town asserts that its charter provision is not preempted because the legislature has not expressly regulated the enactment of term limits.

“Towns are merely subdivisions of the State and have only such powers as are expressly or impliedly granted to them by the legislature.” Public Serv. Co. v. Town of Hampton, 120 N.H. 68, 71 (1980). Part 1, Article 39 of our State Constitution, in pertinent part, provides:

The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in anyway which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.

We have explained that the expressed purpose of RSA chapter 49-B is to implement the home rule powers recognized in Part I, Article 39 of the State Constitution by authorizing a municipality to adopt a form of government that best addresses its local needs. See Girard v. Town of Allenstown, 121 N.H. 268, 272 (1981); RSA ch. 49-B. This legislation “provides the statutory framework through which cities and towns may amend their actual forms of government, and grants them the power necessary to carry out such changes.” Harriman v. City of Lebanon, 122 N.H. 477, 481 (1982). We have warned, however, that the constitutional authority supporting RSA chapter 49-B “in no way provides or suggests that the towns, cities or other subdivisions of this State should have the right to exercise supreme legislative authority.” Id. at 482 (quotations omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Foote v. Town of Bedford
642 F.3d 80 (First Circuit, 2011)
City of Manchester v. Secretary of State
13 A.3d 262 (Supreme Court of New Hampshire, 2010)
Forsberg v. Kearsarge Regional School District
999 A.2d 278 (Supreme Court of New Hampshire, 2010)
State v. Njogu
937 A.2d 887 (Supreme Court of New Hampshire, 2007)
Thayer v. Town of Tilton
861 A.2d 800 (Supreme Court of New Hampshire, 2004)
Maiden v. Manchester, et al.
2004 DNH 078 (D. New Hampshire, 2004)
Town of Lyndeborough v. Boisvert Properties, LLC
846 A.2d 1187 (Supreme Court of New Hampshire, 2004)
City of Manchester School District v. City of Manchester
843 A.2d 966 (Supreme Court of New Hampshire, 2004)
Maiden v. City of Manchester, et al.
2004 DNH 041 (D. New Hampshire, 2004)
JTR Colebrook, Inc. v. Town of Colebrook
829 A.2d 1089 (Supreme Court of New Hampshire, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
813 A.2d 474, 148 N.H. 625, 2002 N.H. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-hooksett-v-baines-nh-2002.