Full home rule may soon be coming to Concord. A legislative study commission has recommended that control of the school charter be returned to our citizens. Currently, only the full 424-member Legislature may amend our school charter.
That means that unlike in all other towns and cities, if Concord citizens want a say on a $50 million bond issue or greater control over their schools, the decision is made at the State House. The 387 representatives and 23 senators who are not from Concord currently make those decisions along with our small delegation. Our status as a territory like American Samoa could soon end.
The change to home rule was not a unanimous view of the study commission when it began its work. By Nov. 20, all 13 members were in agreement to bring control home after 48 years.
Losing by one vote was the desire to allow citizens to petition for changes, as is permitted elsewhere under state law. The school board faction blocked that citizen empowerment, 7-6.
The state constitution in Part I, Article 32, has provided the people with the right of petition since 1784. People living in Hopkinton and Bow can petition to put articles on the school warrant for a vote, but Concord cannot. Towns and cities governed by RSA 49-B and 49-C may petition for a vote on their desired changes. Concord citizens cannot.
A taxpayer challenge on denial of equal protection of a fundamental right is the next possibility. As former mayor Martin Gross testified to us a month ago, the reason to allow citizen petitions is as a safety valve and to avoid self-perpetuating power.
People in government always believe they are acting in the best interest of the citizens. While they generally are doing so, certain groups or neighborhoods of citizens may not always agree. By allowing a certain percentage of voters to petition for change, we provide an opportunity for those ideas that would be squelched by the school board to get on the ballot.
With a $50 million school consolidation bond issue coming, why not allow the bond payers (all of us in Concord) a say? That is the type of change fought by the "we know best" group known as the school board.
If they have a good plan, the voters will respond. If it is not a good plan, or if the tax rate jump for years will be too high, why not let our taxpayers vote? A majority of nine is hardly more democratic than a majority of our voters and taxpayers.
One step forward was the adoption of a recommendation for voting by groups of wards for a majority of the commission rather than having all of the proposed school charter commission run at-large citywide. It is unfair to leave to chance that certain areas of the city (South End, East Concord, etc.) will be represented on the School Charter Revision Commission to be elected next November. Currently, all of the school board is elected at-large.
The new commission will be elected with two members from Wards 1 to 4, two from Wards 5 to 7 and two from Wards 8, 9 and 10. Because some of Wards 1 and 2 vote in the Merrimack Valley School District, the population of voters in Concord is in rough equality. All the numbers will eventually change with the 2010 census. Only three members will run at-large out of the nine to serve on the commission.
One good government principle of having disinterested commission members serve was also defeated. I had proposed that no sitting school board or city council member be on the new commission. There is an ample supply of former members to bring their experience to the table without need for sitting members to serve. In a city of more than 40,000 people, I believe we can find nine who are not currently in office.
I am confident the Legislature will respond favorably to our study commission's recommendation to bring the school charter home alongside the charter for city government.
(Chuck Douglas of Concord, a former congressman and state Supreme Court justice, served on the commission created by the Legislature to study the Concord School District charter.)