Bag ban on hold, election change advances

News

A proposal to ban single-use plastic bags in Portsmouth is on hold. At a June 1 meeting, city attorney Robert Sullivan advised city councilors that the proposed ordinance could open the city up to lawsuits because there is no specific state law that allows communities to enact such a ban.

Sullivan’s advice echoed that of attorneys Stephen Buckley and Margaret Byrnes of the New Hampshire Municipal Association, who, in response to an inquiry from Sullivan, said, “Because New Hampshire is not a home rule state, without clear enabling legislation, we err on the conservative side to protect the city against potential litigation or other backlash.”

Councilor Brad Lown, who proposed the ordinance, said he was disappointed, but accepted Sullivan’s recommendation. Lown made a motion for the city to send a letter to its legislative delegation and other elected officials asking them to consider legislation that would make a plastic bag ban possible. The council approved the motion unanimously.

Also at the June 1 meeting, city councilors moved forward with a proposal by city councilor Eric Spear to make the office of mayor an elected position. Currently, the nine city council seats are elected at-large and the top vote-getter becomes mayor; the candidate who receives the next largest number of votes becomes assistant mayor.

Under Spear’s proposal, city council candidates could also run for mayor, and only a candidate who was elected to the council could become mayor. The council approved the measure 8-1, with councilor Esther Kennedy voting against it.

Voters will have the final say on the proposal. City attorney Robert Sullivan will draft a referendum question about the change. Once the council approves the question, it will go through a public hearing. The council will then vote on placing the question on the ballot in November. If approved, the change would take effect on Jan. 1, 2017. — Larry Clow