SB110 (2009) Detail

Authorizing appointment of town clerks.


SB 110 – AS INTRODUCED

2009 SESSION

09-0356

06/03

SENATE BILL 110

AN ACT authorizing appointment of town clerks.

SPONSORS: Sen. Sgambati, Dist 4; Sen. Barnes, Jr., Dist 17; Sen. Roberge, Dist 9; Rep. Cyr, Straf 3; Rep. Perry, Straf 3

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill authorizes the appointment of town clerks.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0356

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT authorizing appointment of town clerks.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Appointed Town Clerk. Amend RSA 41 by inserting after section 41:16-c the following new section:

41:16-d Appointed Town Clerk. Any town may, under an article in the warrant for the annual town meeting, vote to authorize the appointment rather than the election of a town clerk. Such appointment shall be made in accordance with RSA 669:17-e by either the board of selectmen, or in the case of a town operating under RSA 37 upon recommendation of the town manager with approval of the board of selectmen. Whenever the selectmen or manager appoint the town clerk, such appointment shall be made in writing and shall include the compensation to be paid. Any town may rescind the vote to appoint a town clerk under an article in the warrant for the annual town meeting. If such article to rescind the appointment of a town clerk is approved, then the town shall reinstate the office of elected town clerk and shall fill the vacancy in accordance with RSA 669:65.

2 Officers Who Shall Be Elected; Exception. Amend RSA 669:15, IV to read as follows:

IV. Town clerk (RSA 41:16 through 16-b), unless provision has been made for appointment pursuant to RSA 41:16-d.

3 New Section; Discontinuing Office of Elected Town Clerk. Amend RSA 669 by inserting after section 17-d the following new section:

669:17-e Discontinuing Office of Elected Town Clerk. When a town votes to discontinue an elected town clerk office, the person holding the elected office of town clerk at the time of the vote to discontinue it shall continue to hold office until the annual town election first following the discontinuance of the office, at which time the elected office of town clerk shall terminate irrespective of the length of that officer's term.

4 Effective Date. This act shall take effect 60 days after its passage.