Claremont
The council approved the amendments, and three others, at its meeting on Wednesday, but not before a lengthy discussion and failed motion by Councilor Bruce Temple to do away completely with any language telling city employees where they must live. Councilors also formally said goodbye to City Manager Guy Santagate, who is retiring after 15 years in Claremont.
The residency issue came up earlier this year because Interim Public Works Director Scott Sweet, who Santagate wanted to hire as public works director, lives just over the Claremont line, in Cornish.
Temple, himself a former public works director in Claremont who now works in Lebanon, referred several times to a memorandum from city attorney Jane Taylor that says any residency requirement may not be allowed under the state constitution and the council should not ask voters to approve something that can be challenged.
“We have been told we can’t have a residency requirement, but very subtly we are crafting language telling them where they can live,” Temple said of the 15-minute residency rule.
His motion to eliminate any reference to where the police chief, fire chief and public works director have to live failed, 8-1. The council then approved the amendments, 8-1, and voters will have the final say on March 14, when the school warrant also is voted on. The other amendments are housekeeping measures to update recent changes in the city’s budget year.
Temple said councilors should not put before voters something that they “know is wrong.”
“In my opinion, it is a residency requirement,” he said. “If we can’t tell them what town to live in, we can’t tell them to live within 15 minutes.”
In her memo to the council, Taylor said in her opinion, the current charter wording is not constitutional “as it does not meet the ‘compelling reason’ standard necessary to justify a limitation on an employee’s right to live wherever he or she chooses.” She further noted her opinion is backed by both U.S. Supreme Court and New Hampshire Supreme Court holdings.
However, Taylor goes on to say residency requirements are not prohibited, but that the determination of whether such a requirement violates an employee’s right is “fact specific.” Not only must the reasoning be compelling, but it also must draw a clear distinction as to why it applies to some employees and not others, she wrote.
Taylor said the 15-minute rule is a residency requirement in her view and it is permissible if the reason is in the interest of public safety and can apply to some but not others. She concluded by saying the council has not articulated arguments “that support a compelling state interest and disparate treatment of employees,” but noted that does not mean such arguments don’t exist.
“I can’t tell you if it (the compelling reason) is right or wrong; I can only tell you that is the standard it is judged by,” Taylor said at Wednesday’s meeting.
Councilor Vic Bergeron, a former firefighter, argued that it is in the interest of public safety to have these officials nearby and that is a sufficiently compelling reason. He cited a situation years ago when the fire chief would spend summers in Sunapee and on at least one call he was trying to give instructions on fighting a fire over the radio.
“It can cause confusion,” Bergeron said. “Certain people need to be close by. I saw the importance of the fire chief and police chief being around.”
Councilors Nick Koloski and Scott Pope both said what matters now is getting approval from the public. The 15-minute rule has a better chance of passing than eliminating the language altogether, they said.
“Fifteen minutes would sit better with the public then letting them live in Manchester,” Koloski said.
Pope agreed. He thought taking out the residency language completely would most certainly mean rejection by voters, leaving the city in the same quandary it is in now with Sweet.
Also on Wednesday night, councilors said their final farewells to the 78-year-old Santagate, who is retiring today. Each councilor offered praise and gratitude for Santagate’s accomplishments, acknowledging that it wasn’t easy and they didn’t always agree.
Pope and Temple recalled their early years on the council with Santagate and a proposal to tear down mill buildings near the Sugar River.
“I think I made the motion to knock down the mill buildings,” Temple said to some laughs before thanking Santagate for working to save the buildings, where today there is a restaurant, hotel and a computer business.
Pope, who joined the City Council early in Santagate’s tenure, remembered some long, hard-fought battles. Among other successes, he credited Santagate for bringing Granite State College to the downtown area.
But one of Santagate’s most notable achievements was making Claremont a “regular stop” for the governor and the state’s congressional delegation, Pope said.
“You got us on the map. We are no longer an isolated community, and people are noticing,” Pope said.
Councilor Carolyn Towle said Santagate was always encouraging and approachable on any issue and Mayor Charlene Lovett thanked him for “moving this city forward.”
“Thank you for leaving behind a legacy,” she said.
Former School Board Chairman Dave Putnam, owner of Claremont Custom Framing, presented Santagate with a parting gift: several photos in a large frame of the places in the city that Santagate helped to develop, including the mills, track at Monadnock Park, the community center and Syd Clarke Industrial Park.
“These pictures show the foundation you have built,” Bergeron said. “They have paid off and we all owe you a debt of gratitude.”
Santagate thanked the councilors and Putnam, as well as the people of Claremont for giving him the opportunity to serve them for so many years and get a lot of things done.
“And we can’t forget the staff,” Santagate said. “They are exceptional, committed and effective, and they get the job done. They always stepped up. They were outstanding to work with.
“I will watch with great interest the progress Claremont will make in the future. You are poised well.”
Patrick O’Grady can be reached at pogclmt@gmail.com.
