From Politicker NH

Concord, NH — Despite being reviewed and approved by 3 state agencies, and the ballot group who put the initiative up for referendum bending over backwards to oblige the city council, Concord City Solicitor Paul Cavanaugh has challenged a tax and spending restriction charter amendment for the city in the Merrimack Superior Court.

New Hampshire Advantage Coalition President Mike Biundo today blasted Cavanaugh and vowed to fight for the budget restriction on behalf of the city of Concord. “What is the city of Concord so afraid of?” Biundo asked of the city council.

“The citizens of Concord have a fundamental right to enact a charter amendment that limits both taxes and spending,” said Biundo. “The people are not required to pay a certain level of taxes by law, and the city is not overall required spend at a minimum level.”

Biundo described the case as a “political ploy.” The New Hampshire Advantage Coalition had originally intended to have the charter amendment on the ballot for voters to adopt for 2008, but it was blocked by the city council.

“We had enough signatures, and the council stalled the taxpayers and ran out the clock,” said Biundo. “Now we know why. They wanted time to file suit against the initiative.”

Numerous tax-related ballot initiatives passed this year throughout the country in states including Colorado and New Hampshire, where a similar spending cap in Rochester was enacted with 70 percent of the vote.

Biundo believes that the Coalition’s ballot initiative complies with all requirements under law. “These charter amendments go through a thorough review process. The Secretary of State, Attorney General, and Department of Revenue Administration have all signed a letter stating that they ‘do not object to the proposed amendment to the existing charter.'”

“The city ought to let the people decide whether they want to limit taxes and spending in Concord, not a court,” said Biundo

Biundo also pointed out that the amendment allows for the ability of the council to override the budget restrictions “upon a vote of two-thirds (2/3) of all elected members of the City Council.” according to the text of the amendment itself.

“So, if the elected leaders of Concord feel they need to raise taxes or spending beyond the cap, they could do so by voting to do so. This ensures that the city is not ‘impaired’ in any way,” said Biundo.

“We vow to fight for the tax and spending cap the citizens of Concord deserve, and they will have their vote in November,” Biundo promised.

For more information please contact: Matt Murphy of the New Hampshire Advantage Coalition (603)-475-8435 (cell), or write: mbiundo@yourmeridian.com