CHAPTER 163
HB 218 – FINAL VERSION
06Mar2007… 0154h
05/17/07 1535s
2007 SESSION
06/10
HOUSE BILL 218
COMMITTEE: Municipal and County Government
This bill applies provisions pertaining to the appointment of firewards, engineers, or fire chiefs to towns, village districts, precincts, cities, or areas.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0154h
05/17/07 1535s
07-0717
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to chief firewards, engineers, or fire chiefs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
163:1 Chief Fireward, Engineer, or Fire Chief. Amend RSA 154:5 to read as follows:
154:5 Chief Fireward, Engineer, or Fire Chief.
I. The chief fireward, engineer or fire chief who is appointed, rather than elected in any town, village district, precinct, city or area [which has adopted the provisions of this section,] shall be appointed for an indefinite period of time or for a definite term, as determined by the legislative body, and the tenure of office shall depend upon good conduct and efficiency. The chief fireward, engineer or fire chief shall be technically qualified by training or experience and shall have ability to command firefighters and hold their respect and confidence. [Any town may adopt the provisions of paragraphs I and II at any annual meeting by an article in the warrant calling for such action.]
II. Subject to such written formal policies as may be adopted by the appointing authority, each chief fireward, engineer, or fire chief of any city or town who is appointed rather than elected, shall have authority to direct and control all employees of his or her department in their normal course of duty and shall be responsible for the efficient and economical use of all department equipment. Such chief fireward, engineer, or fire chief shall be subject to suspension without pay or dismissal only for cause, and after he or she has been presented with a written specification of the reasons. Upon such suspension or dismissal, the chief fireward, engineer, or fire chief shall be entitled to a hearing, on the merits and reasonableness of the action, in superior court in the county in which the municipality is located, provided that the chief fireward, engineer, or fire chief petitions the clerk of the superior court for such a hearing within [10] 45 days of suspension or dismissal. The court shall have the power to affirm, modify or negate such suspension or dismissal, based upon its findings.
163:2 Effective Date. This act shall take effect upon its passage.
Approved: June 18, 2007
Effective: June 18, 2007