HB 1272 – AS INTRODUCED
2006 SESSION
09/01
HOUSE BILL 1272
AN ACT relative to the authority of elected police chiefs in towns with populations of more than 3,000.
SPONSORS: Rep. Solomon, Graf 10; Rep. Kurk, Hills 7
COMMITTEE: Municipal and County Government
This bill clarifies and expands the authority of elected police chiefs in towns with populations of more than 3,000.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2130
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the authority of elected police chiefs in towns with populations of more than 3,000.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Elected Police Chiefs in Larger Towns; Authority. Amend RSA 41 by inserting after section 47 the following new section:
41:47-a Elected Police Chiefs in Larger Towns; Authority.
I. In towns with greater than 3,000 residents a full-time certified chief of police who is elected rather than appointed shall have exclusive authority to control the provision of law enforcement services within his or her department, including the terms and conditions of employment of subordinate police officers and civilian employees of the department and the operation of any vehicles and equipment budgeted for use by the department; provided, that the chief complies with the overall budget of the department as adopted by the voters of the town. The selectmen shall not interfere with the chief’s direct provision of law enforcement duties.
II. The selectmen may implement policies and procedures to safeguard the town’s assets and monitor its financial liabilities, but such policies shall not directly interfere with the chief’s ability within available budgeted appropriations to provide law enforcement services within the town.
III. Notwithstanding other provisions of law to the contrary, the elected chief shall have the power to hire and fire police employees.
IV. Nothing in this section shall prohibit or prevent the selectmen from temporarily suspending from duty with pay any elected chief of police for the purpose of investigating allegations of criminal conduct, misfeasance or malfeasance in office, or for removing from office for cause as provided in RSA 41:48, except that cause shall be limited to being convicted of a misdemeanor or felony, committing gross misfeasance or malfeasance in office, or a situation where the chief is medically or mentally incompetent to perform the duties of the office.
2 Tenure of Office. Amend RSA 41:48 to read as follows:
41:48 Tenure of Office. Except as provided in RSA 41:47-a, any permanent constable or police officer who is either elected under the provisions of RSA 41:47 or appointed for full-time duty under the provisions of RSA 105:1, and who is in compliance with the requirements of RSA 188-F:27, shall continue to hold such office during good behavior, unless sooner removed for cause by the selectmen, after notice and hearing, or unless the town has rescinded its action as provided in RSA 41:47. Any such elected permanent constable or police officer shall be deemed to be a permanent policeman, and entitled to benefits under the provisions of RSA 103 if otherwise qualified.
3 Effective Date. This act shall take effect 60 days after its passage.