Executive Council of New Hampshire
Encyclopedia
| District | Name | Party |
|---|---|---|
| 1 | Raymond Burton | Republican |
| 2 | Daniel St. Hilaire | Republican |
| 3 | Christopher T. Sununu | Republican |
| 4 | Raymond Wieczorek Raymond Wieczorek Raymond J Wieczorek is a Republican politician from Manchester, New Hampshire, currently representing District 4 in the New Hampshire Executive Council.- Career :... |
Republican |
| 5 | David K. Wheeler | Republican |
The Executive Council of the State of New Hampshire (commonly known as the Governor's Council) is the executive body of the U.S. state of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. The Executive Council advises the Governor
Governor of New Hampshire
The Governor of the State of New Hampshire is the supreme executive magistrate of the U.S. state of New Hampshire.The governor is elected at the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along with bordering Vermont, to hold...
on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the state whose council has the most power. While the Governor retains the right to veto legislation passed by the New Hampshire General Court
New Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
, and commands the New Hampshire National Guard
New Hampshire National Guard
The New Hampshire National Guard is a component of the New Hampshire Adjutant General's Department. It consists of the:*New Hampshire Army National Guard*New Hampshire Air National Guard*157th Air Refueling Wing-External links:**...
, the Council has veto power over pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s, contracts with a value greater than $5,000, and nominations. The Executive Council Chambers have been located in the New Hampshire State House
New Hampshire State House
The New Hampshire State House is the state capitol building of New Hampshire, located in Concord at 107 North Main Street. The capitol houses the New Hampshire General Court, Governor and Executive Council...
since the chambers were added to the capitol in 1909.
Construction
The Executive Council is made up of 5 councilors elected for two-year terms by their respective districts. The General Court divides the state into five districts by population, as needed for the public good, with each district containing approximately 247,000 citizens.The governor has the sole power and authority to convene the meetings of the council at his discretion. The council does not have the power or authority to convene itself. The governor with, or a majority of, the council "may and shall, from time to time hold a council, for ordering and directing the affairs of the state, according to the laws of the land." (Part II. Art. 62 of the N.H. Constitution)
Members of the council may be impeached by the house, and tried by the senate for bribery, corruption, malpractice, or maladministration. (Part II. Art 63)
The constitution provides for the governor and council to be compensated for their services, from time to time, by such grants as the general courts shall think reasonable. (Part II. Art. 58) Each councilor is provided a salary $12,354 (FY 2006) and an additional $4000 for each councilor in districts 2-5 ($5800 for District #1) is given to each councilor in lieu of expenses.
Districts
- District 1 - the North CountryGreat North Woods Region (New Hampshire)The Great North Woods Region is located at the northern tip of New Hampshire, U.S.A., north of the White Mountains Region. The Great North Woods is a tourism region of New Hampshire and is located in Coos County...
and the cities and towns of Albany, Alton, Bartlett, Belmont, Center Harbor, Charlestown, Chatham, Claremont, Conway, Cornish, Croydon, Eaton, Effingham, Freedom, Gilford, Grantham, Hale's Location (unincorporated place), Hart's Location, Jackson, Laconia, Madison, Meredith, Moultonborough, New Hampton, Newport, Ossipee, Plainfield, Sanbornton, Sandwich, Springfield, Sunapee, Tamworth, Tilton, Tuftonboro, Wakefield, and Wolfeboro.
- District 2 - Acworth, Allenstown, Alstead, Andover, Antrim, Barnstead, Bennington, Boscawen, Bow, Bradford, Brookfield, Canterbury, Chesterfield, Chichester, Concord, Danbury, Deerfield, Deering, Dublin, Epsom, Farmington, Francestown, Franklin, Gilmanton, Gilsum, Goshen, Greenfield, Hancock, Harrisville, Henniker, Hill, Hillsborough, Hopkinton, Langdon, Lempster, Loudon, Marlborough, Marlow, Middleton, Milton, Nelson, New Durham, Newbury, New London, Northfield, Northwood, Pembroke, Pittsfield, Rollinsford, Rochester, Roxbury, Salisbury, Somersworth, Stoddard, Strafford, Sullivan, Surry, Sutton, Unity, Walpole , Warner, Washington, Weare, Webster, Westmoreland, Wilmot, and Windsor.
- District 3 - Atkinson, Barrington, Brentwood, Chester, Danville, Dover, Durham, East Kingston, Epping, Exeter, Fremont, Greenland, Hampstead, Hampton, Hampton Falls, Kensington, Kingston, Lee, Madbury, New Castle, Newfields, Newington, Newmarket, Newton, North Hampton, Nottingham, Plaistow, Portsmouth, Rye, Salem, Sandown, Seabrook, South Hampton, Stratham, and Windham.
- District 4 - Auburn, Bedford, Candia, Derry, Hooksett, Hudson, Litchfield, Londonderry, Manchester, Pelham, and Raymond.
- District 5 - Amherst, Brookline, Dunbarton, Fitzwilliam, Goffstown, Greenville, Hinsdale, Hollis, Jaffrey, Keene, Lyndeborough, Mason, Merrimack, Milford, Mont Vernon, Nashua, New Boston, New Ipswich, Peterborough, Richmond, Rindge, Sharon, Swanzey, Temple, Troy, Wilton, and Winchester.
Powers
The Governor and Council, together, have the authority and responsibility over the administration of the affairs of the State as defined in the New Hampshire Constitution, the New Hampshire Revised Statutes AnnotatedNew Hampshire Revised Statutes Annotated
The New Hampshire Revised Statutes Annotated forms the codified law of the state subordinate to the New Hampshire State Constitution.-History:The RSA is a set of law books published by Thomson West...
, and the advisory opinions of the New Hampshire Supreme Court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
and the New Hampshire Attorney General
New Hampshire Attorney General
The New Hampshire Attorney General is a constitutional officer of the U.S. state of New Hampshire who serves as head of the Department of Justice...
. The General Court has also designated specific powers to the governor and council in RSA Chapter 4. Other powers of the council derive from the NH Constitution:
- The governor and council approve the spending of a significant portion of the state's budget.
- The governor and council serve as the watchdogs of the state treasuryTreasuryA treasury is either*A government department related to finance and taxation.*A place where currency or precious items is/are kept....
to insure state departments and agencies do not spend more than they were allowed to, or use the money for unauthorized purposes. (Part II. Art. 56)
- The governor and council approves state departments and agencies' receipt and expenditures of funds and gifts, budgetary transfers within a department, and all contracts with a value of $5,000 or more.
- The governor and council nominates and appoints all "judicial officers, the attorney generalAttorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, and all officers of the navy, and general and field officers of the militiaMilitiaThe term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
." (Part II. Art. 46)
- The governor and council "have a negative on each other, both in the nominations and appointments," which shall be signed by the governor and council. (Part II. Art. 47)
- The power of pardoning offenses "shall be in the governor, by and with the advice of council," except for persons convicted of offenses before the senate by impeachment of the house or persons whose offenses have yet been adjudicated. (Part II. Art. 52)
- When a majority of the council and the attorney general reasonably believes "the governor is unable to discharge the powers and duties of his office by reason of physical or mental incapacity, but the governor is unwilling or unable to transmit his written declaration to such effect...," the attorney general shall petition the NH Supreme Court, which will make such determination by a preponderance of the evidence. (Part II Art. 49-a)
- The governor with advice of council has "the full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same." (Part II. Art. 50)
Colonial era
The Executive Council had its beginnings in 1679, when King Charles IICharles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
issued a 3,438 word commission, on September 18. The Royal Commission separated the territory of New Hampshire from Massachusetts and directed that a new government be organized in the Province of New Hampshire
Province of New Hampshire
The Province of New Hampshire is a name first given in 1629 to the territory between the Merrimack and Piscataqua rivers on the eastern coast of North America. It was formally organized as an English royal colony on October 7, 1691, during the period of English colonization...
. A President and a nine-member Council (representing the four towns of Portsmouth
Portsmouth, New Hampshire
Portsmouth is a city in Rockingham County, New Hampshire in the United States. It is the largest city but only the fourth-largest community in the county, with a population of 21,233 at the 2010 census...
, Dover
Dover, New Hampshire
Dover is a city in Strafford County, New Hampshire, in the United States of America. The population was 29,987 at the 2010 census, the largest in the New Hampshire Seacoast region...
, Hampton
Hampton, New Hampshire
Hampton is a town in Rockingham County, New Hampshire, United States. The population was 14,976 at the 2010 census. Located beside the Atlantic Ocean, Hampton is home to Hampton Beach, a summer tourist destination....
and Exeter
Exeter, New Hampshire
Exeter is a town in Rockingham County, New Hampshire, United States. The town's population was 14,306 at the 2010 census. Exeter was the county seat until 1997, when county offices were moved to neighboring Brentwood...
) were appointed by the king from the 4,000 settlers of the seacoast area and were required to assume office by January 21, 1680.
Appointees to the Council and President were all Puritans, some with long associations with the Boston government and several had served in the Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
Legislature in Boston. Some of the designated Council members were so firmly opposed to the new government that they considered refusing their appointed positions. When an ultimatum was presented that less desirable men would replace them, they all relented and took the oath of office on January 21, 1680.
John Cutt
John Cutt
John Cutt was the first President of the Province of New Hampshire. John Cutt was born in Wales, emigrated to the colonies in 1646, and became a successful merchant and mill-owner in Portsmouth, New Hampshire. He was married to Hannah Starr, daughter of Dr...
, a wealthy Portsmouth merchant, was appointed the first President (later called Governor) of New Hampshire. The first official act of the President and Council was to create a legislative body, then called an Assembly
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
, to raise taxes and establish public conduct laws. The president and council obtained listings of property owners in the four towns and posted those freeholders (voters) in each town, to elect representatives to the Assembly, which was convened on March 16, 1680.
The first Assembly, of which the Council was the upper branch, was quick to express its opposition to the directives of the royal command. They promptly enacted a law that New Hampshire's property owners' titles, as granted by the Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
over the years, would continue as valid, contrary to the ruling of the King. The legislators also joined with the president and his council in voting an apology to the Bay State for having been torn from their jurisdiction. They also expressed special appreciation for the favors they received through the 38-year affiliation.
At that time, the Council's primary responsibility was to report on the activities of the president to the King, especially if he strayed from the crown's dictates.
Post-Colonial Council
On January 5, 1776, the founding fathers of the State created New Hampshire's first constitution, which eliminated the position of governor, but kept the concept of a Council due to its former status as a check on the power of authoritarian rule, a recurring theme during the Revolution and afterwards with the creation of the Articles of ConfederationArticles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
, an ethos that made the founding fathers change selection of councilors from appointed to elected positions
In the second and current Constitution, first written in 1784, a head executive was renewed, but given the title "President" rather than Governor to avoid the connotations of the Royal Governorship during the Colonial period. (The title was changed to "Governor" by 1792.) However, the Council, while being unable to act on its own, was now given the right to veto the head of state by a 3-2 vote.
The only time the Council was in danger of being eliminated was in 1850, when the future U.S. President Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...
suggested its removal during that year's Constitutional Convention, with the voters of New Hampshire disagreeing with him by a more than two to one margin (27,910 to 11,299).
In 1933, Executive Council meetings were opened to the public.
In 2006, Democrats gained two Council seats, giving them a 3-2 edge. This was part of a massive Democratic landslide in which the party won control of both chambers of the New Hampshire General Court
New Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
, the re-election of John Lynch as Governor, and both of the state's seats in the federal U.S. House of Representatives.
In 2010, Republicans claimed all five Council seats as part of a national electoral wave that locally saw Republicans taking control of both the New Hampshire Senate
New Hampshire Senate
The New Hampshire Senate has been meeting since 1784. It is the upper house of the New Hampshire General Court. It consists of 24 members representing Senate districts based on population...
and the New Hampshire House of Representatives
New Hampshire House of Representatives
The New Hampshire House of Representatives is the lower house in the New Hampshire General Court. The House of Representatives consists of 400 members coming from 103 districts across the state, created from divisions of the state's counties. On average, each legislator represents about 3,300...
.