ARTICLE 3
Town Council

Sec. 3.1. Membership; Term of Office.
Except as otherwise provided in this Charter, all of the powers of the Town shall be vested in a Town Council (hereinafter sometimes referred to as "Council") of nine (9) Councilors, as provided in Sec. 1.2. Councilors shall be elected on the second Tuesday in May for three (3) year terms. Three (3) Councilors shall be elected each year - two (2) from districts and one (1) at-large. Councilors shall take office July 1st next following their election and shall hold office until successors are duly elected and qualified.

Sec. 3.2. Qualifications of Councilors.
Only voters who at all times during their term of office are and remain residents of the Town shall be eligible to hold the office of Councilor. Eligible candidates will be registered voters and will have resided in Hooksett for at least one year immediately before the election. Councilors elected from districts must be legal residents of that district at the time of election. If a Councilor shall move from his said district and shall remain a resident of the Town, he shall remain the elected district's Councilor until the next election. The Council is the sole judge of qualification for office. A majority of the Council may after investigation and hearing declare a vacancy if a member is ultimately convicted of a violation of the Town Charter. Council may also declare a vacancy if a member has missed three (3) regularly scheduled meetings in sequence, or has missed one quarter (1/4) of all meetings within one (1) calendar year, or has interfered with Administration, or falsified records, misapplied Town funds or property, or has been ultimately convicted of a Federal or State crime punishable by imprisonment for more than five (5) years.

No Councilor shall, during his term and for one year thereafter, be eligible to hold any appointed office or position of employment with the Town. Notwithstanding the foregoing, a Councilor may be appointed to "acting town administrator" by a vote of at least seven (7) members of the council for one period not to exceed six (6) months.

No two councilors elected at-large or appointed to fill a position at large shall be residents of the same district.

At the time any candidate for councilor files his declaration of candidacy for said office, the Town Clerk shall determine if said candidate is qualified for office under Section 3.2 of the Charter. If the candidate is not so qualified, the Town Clerk shall notify the candidate and the Town Moderator within 24 hours of disqualification and said candidate's name shall not appear on the ballot.

Sec. 3.3. Vacancies.
Vacancies occurring in the office of Councilor at any time shall be filled by a duly qualified member of said District by appointment by affirmative vote of the Council within thirty (30) days of a declared vacancy. If a tie vote is maintained after three (3) calls by the Council Chair, a special election will be held within thirty (30) days to fill such vacancy. Such appointed or elected appointee shall hold office until the next regular election. No appointments for councilor-at-large shall be in contradiction of Section 3.2.

Sec. 3.4. Compensation.
Councilors shall receive as compensation the sum of one thousand five hundred dollars ($1,500.00) per year. The Chairman shall receive an additional five hundred dollars ($500.00) per year. Councilors shall receive reimbursement for reasonable mileage and expenses incurred in the performance of Town business outside the Town limits of Hooksett according to rules of the Council.

1. Exercise of Powers. Except as otherwise prohibited by law or this Charter, the powers of the Council may be exercised in a manner determined by it.
2. A quorum of the Council for the transaction of any business shall be two-thirds (2/3) of the members currently in office. However a smaller number may adjourn the meeting to another time or date.
3. Meetings. All meetings of the Council shall be public as required by the State "Right to Know Law" (RSA ch. 91-A). Regular meetings (minimum one per month) shall be held on such day or days of each month at such time as the Council shall by ordinance or resolution direct. Agendas shall be prepared and posted one week in advance of each regular meeting. Special meetings may be called by the Chairman. Special meetings also may be called at the written request of the Town Administrator or at least six (6) Councilors, and upon such request the Chairman of the Council shall call such special meeting. Written notice of said special meeting shall be delivered to each Councilor at least twenty-four (24) hours prior to the call of the special meeting. The method of delivery of notice for special meetings shall be established by Council rule.
4. Rules of Procedure. The Council shall establish rules for its proceedings not inconsistent with this Charter. Every matter coming before the Council for action shall be put to a vote and all members shall vote "aye", "nay", or abstain and give a reason for abstaining. The results of such voting shall be duly recorded. All votes shall be recorded by roll call except votes on procedural matters.

1. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the Town Clerk or designee shall distribute a copy to each Councilor and to the Town Administrator, file a reasonable number of copies in the office of the Town Clerk, post a copy in such other public places as the Council may designate, and provide for publication in a local newspaper or newspapers of their choice seven (7) days prior to the public hearing on said ordinance. The full text of the proposed amendment or ordinance need not be included in the notice if an adequate statement describing the proposal and designating the place where the proposal is on file for public inspection is stated in the notice. Final action on said ordinance shall not be taken by the Town Council until at least seven (7) days after said public hearing.
2. Every proposed ordinance of the Council shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more that one subject, which shall be clearly expressed in its title. Each ordinance shall be identified by a number and a short title. The enacting clause shall be "The Town of Hooksett ordains ...". Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type, and shall indicate new matter by underscoring or by italics.
3. Every ordinance, including zoning ordinances and building codes, shall take effect upon passage and publication as ordinances required by law or at a later date as specified by the ordinance. No ordinance shall be introduced and adopted during the same meeting, except emergency ordinances.
4. All ordinances, including any amendments thereto, shall be recorded in full, uniformly and permanently, by the Town Clerk, and each ordinance so recorded shall be authenticated by affixing the signatures of the Council Chairman and the Town Clerk and the Town Seal, and kept on file in the office of the Town Clerk. The Town Clerk shall be responsible for the systematic indexing, printing, publication and maintenance of the ordinances of the Town. Copies of any or all ordinances shall be available to the public, and the Town Clerk may charge a reasonable fee to defray the printing costs.
5. Upon passage, the ordinance shall be published in a newspaper of general circulation in the Town. The full text of the proposed amendment or ordinance need not be included in the notice if an adequate statement describing the proposal and designating the place where the proposal is on file for public inspection is stated in the notice.
6. Creation of, or amendments to, Zoning ordinances, historic district ordinances or building codes may be petitioned for by no less than two percent (2%) of the voters of the town and shall be established or amended in accordance with the procedures outlined under RSA 675:4. Any Zoning Ordinance, Historic District Ordinance or Building Code or amendment to an existing Zoning Ordinance or Building Code proposed by the Council or the Planning Board shall be submitted to the voters of the Town in accordance with the provisions of RSA 675:3.

Sec. 3.7. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by a public utility for its services or authorize the borrowing of money except as provided in Sec. 3.8 of this Charter. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the two-thirds (2/3) affirmative vote of those present and voting shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance, except one made pursuant to Sec. 3.8 of this Charter, shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Sec. 3.8. Emergency Appropriations.
The raising of emergency appropriations is to be governed by RSA Chapter 31:5 & 5a and Chapter 32:4.

Sec. 3.9. Codification of Ordinances.
The Town Council, not later than eighteen (18) months after taking office under this Chapter and at least every fifth year thereafter, shall direct the Town Clerk to prepare and publish a revision or codification of the ordinances of the Town.

Sec. 3.10. Existing Ordinances.
All by-laws, ordinances, rules, restrictions and regulations of the Town of Hooksett which are in effect as of the date of adoption of this Charter, and not inconsistent with this Charter, shall remain in effect after the adoption of this Charter until they expire by their terms or are repealed, modified or amended by the Council.

Sec. 3.11. Powers and Duties.
Except as herein otherwise provided, the Town Council shall have all the powers and discharge all the duties conferred or imposed upon town councils, town meetings, boards of mayor and aldermen, and selectmen of towns by law. Except as otherwise provided in this Charter, all members of all boards, commissions and committees, and vacancies thereto shall be appointed by the Council from among town residents.

Sec. 3.12. Delegation of Powers.
The Council may delegate to one or more Town agencies or officials the powers vested in the Council by this Charter and State and Federal Law to grant and issue licenses and permits, and may regulate the granting and issuing of licenses and permits by any such Town agency, and may in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.

Sec. 3.13. Inquiries and Investigations.
The council by majority vote may require of any appointed Town official, department head or employee, official appointed or confirmed by the Council, or member of an appointed Town board or commission to appear before it, and give such information as it may require in relation to this office, its function, and performance. The Council shall give at least forty-eight (48) hours written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section. The Council may make investigation into the affairs of the Town and into the conduct of any Town agency or department, and for this purpose may administer oaths and require the production of evidence.

Sec. 3.14. Board Procedures.
Except as expressly prohibited by state statute the Council shall establish rules of attendance and forfeiture of office for all Town appointed boards and commissions.