Before the March 2024 Election a question was asked and never answered. I asked about the Town Clerk’s Compensation? the Town Council and Town Manager refused to answer. I reached out to the State Attorney General who advised there are two way that clerks may be compensated.
RSA 41:25 Fees. –
I. Town clerks shall be entitled to a minimum fee of $2 for recording a bill of conditional sale, a personal property mortgage or for a copy of any public records in his or her custody except copies of vital statistics, for recording writs of attachment, discharging a mortgage on the margin of a record or for recording an assignment thereof, provided, however, that each town, at the annual town meeting, may determine the rate and amount of compensation, in lieu of statutory fees, in combination with a portion of statutory fees or just statutory fees, to be allowed to the town clerk for his or her services.
The Clerk can be compensated by collecting fees or the amount of compensation is set at the annual town meeting, in other words a ballot question would set the town clerks compensation.
When I informed the AG’s office that the Town of Londonderry would not answer the question and I was unaware that the town complied with RSA 41:25 they instructed me to file a 91A with the Town of Londonderry. I filed a 91A request on 2/23/2024 that request ended on an 4/12/2024 when the town informed me that 10,000 documents would need to be reviewed and my request “does not reasonably describe the requested governmental records and requires an unreasonably burdensome search.” The 91A document are listed below which took the Town nearly two months to supply.
There is some interesting information in the documents that do not seem to align with RSA 41:25 and raise additional questions, but I’m sure the Town Council will simply refuse to answer.
If the Town sets the compensation by ballot question, how can the Town Manager increase the compensation by 13.6% based on ‘market conditions’ ?
Why are other elected positions not receiving COLA increases?
Why is the Town Clerk paid hourly? Clerks can set their own hours without effecting the compensation to be paid.
As stated above, municipal officials, in contrast to employees, generally have their compensation set by town meeting and “earn” that compensation regardless of the number of hours actually worked. The governing body does not have the authority to adjust the compensation of elected officials, only town meeting does. Thus, municipal officials may acquire additional compensation by persuading voters to increase the line dedicated to their compensation. In addition, municipal officials are not subject to personnel policies and other workplace rules. If they want time off, they can simply take it. If the voters disagree, they can elect someone else at the next town meeting.
NH Municipal Association
This is interesting based on recent comments from Councilor John Farrell at the 5/6/2024 meeting Who Votes on the Town Budget?
Councilor John Farrell at the 5/6/2024 Town Council Meeting reads two definitions of ‘transparency’ and goes on to ask where the secrets are. If you don’t answer a question isn’t that a secret?
Complete 91A Documents
Related Posts:
Who Votes on the Town Budget?
Town Clerk’s Compensation?
Is the Town Withholding Information Prior to an Election?
Related Documents:
LEGAL Q&A: Municipal Official vs Municipal Employee: What is the Difference & Does it Matter for Compensation & Personnel Policies?