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Saturday, July 25, 2009

Rye considers suing state over downshifted costs

The Portsmouth Herald reports that another town is thinking about joining a lawsuit against the state.

RYE — The Board of Selectmen will discuss at its meeting Monday night whether to join a possible lawsuit against the state over what it says are unfunded mandates that violate the state Constitution.

The New Hampshire Municipal Association, along with the New Hampshire School Boards Association and the New Hampshire Association of Counties, is currently considering legal action against the state for shifting some of the state’s financial responsibilities to local governments. The groups said this move is in violation of Part 1, Article 28-a of the State Constitution.

Portsmouth, North Hampton and Seabrook have already expressed an intent to join the suit.

The Legislature has shifted more than $117 million in state costs to local governments in the 2010-11 state budget, according to NHMA. Part of this includes reducing the state’s share of the employers’ retirement contribution for teachers, police, sheriffs and firefighters.

The request came in a letter sent by the NHMA July 9 and asks the town of Rye to contribute $1,048.13 to the proposed lawsuit. The selectmen would need to vote on the allocation and designate a primary town contact for relaying information with the NHMA.

The New Hampshire Retirement System has informed local governments that the first payment for the increased employer retirement payment amount is due next month. The three associations representing municipalities, counties and schools are recommending to their members that they pay the amounts owed, but do so under protest to preserve their right to sue the state for violating Article 28-a.

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