DOVER – Tensions rose amidst officials after three City Councilors proposed a dozen ordinances Wednesday night to help bring to light past actions including the loss of a 2008 ordinance.

Members of the City Council discussed the matter, sometimes passionately, during a regular session for more than two hours Wednesday night.

City Councilor Michael Crago – with the help of fellow Councilors Catherine Cheney and Michael Weeden – submitted the dozen ordinances which would delete Chapter 5 of the City Code and return it to the original format prior to July, 14, 2010.

Crago explained they also broke down the changes “to our best attempt” into 10 other ordinances, which were discussed during Wednesday night’s meeting.

“Declaring it null and void will result in litigation” Crago said, adding the co-sponsors opted to pursue another path in hopes of avoiding an expensive legal battle.

City Attorney Allan Krans determined 11 of the proposed ordinances did not comply with state law, which specifically requires the City Manager to recommend changes to the City Council.

“These ordinances need to comply with state law and they didn’t,” Krans said, adding the proposed ordinances appeared on the agenda due to a technicality in the system, which will be addressed.

Nonetheless, the Councilors decided to move all of the ordinances to a public hearing, scheduled for Sept. 26, in hopes the issues with state law could be resolved between the co-sponsors and City Manager Michael Joyal.

Crago, who represents Ward 3, said he became involved after Cheney, of Ward 5, identified some issues as she was tracking the changes made to the City Charter as part of the authentication process, which hasn’t been done by the city for the past 36 years.

While most of the issues with the Charter involved footnotes, format and punctuation, Cheney expressed concerns about changes to the administrative code, especially the chapter on boards and committees which was relocated from its original location before July, 2010.

Crago, who agreed to assist Cheney, said this was just the beginning as they discovered other “major issues, especially how an ordinance from 2008 - which required all council sessions to be recorded - was not part of the 2009 City Code.

“I was incredulous that you can lose an ordinance,” Crago said, adding the search for how the ordinance was lost brought up other issues.

While he did know about the missing ordinance, Joyal said he was not aware of any legal issues with the City Code and he encouraged Councilors to bring any inconsistencies forward.

“Although it is prepared by the City Manager, it must be approved by the City Council,” Joyal said.

Joyal said the city enacted a comprehensive overview of the administrative code in 2010, which updated outdated terms and positions. As a result, he added if the proposed ordinances are enacted, there will be many discrepancies in the code.

Councilor William Garrison, of Ward 2, spoke against the proposed amendments, which do not take in account of unforeseen circumstances while officials felt they understood the effects of the changes from 2010.

It appears some are “trying to create a conflict between the City Manager and Council,” Garrison said.

Crago, who is serving his first term, admitted he could be wrong, but feels strongly about the 137-page proposed ordinances he helped create to start “at Jump Street.”

“It turned out there were changes within changes,” Crago said, adding it appears the council approved ordinances which transferred some of their authority to City Manager Michael Joyal.

Crago said one of the changes allows the City Manager to seek legal advice without notifying officials or seeking their approval. He added another change enables the City Manager to appoint people to any committee, which could be perceived as a “power grab.”

“I don’t understand how all the changes in power shape out,” Crago said.

In order to avoid missing any key points, Crago asked Joyal to create a list of the changes to coincide with his own. He added Joyal agreed to take part in the process, but the City Manager did not submit a list until Wednesday afternoon.

Crago said six of the nine current City Councilors voted on the issue previously and he feels everyone deserves a second look at these changes.

“Everyone has a chance to know what they’re voting on,” Crago said, adding public hearings will allow residents and officials would have a chance to review and discuss the issues.

For more information about the proposed ordinances or charter, visit the city’s website at www.ci.dover.nh.us.

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John Quinn may be reached at jquinn@newstote.com.