HB1253 (2016) Detail

Relative to the removal of land use board members and municipal officers.


\t \t\t \t\t \t\t \t \t \t\t

HB 1253-LOCAL - AS INTRODUCED

 

2016 SESSION

\t16-2192

\t06/03

 

HOUSE BILL\t1253-LOCAL

 

AN ACT\trelative to the removal of land use board members and municipal officers.

 

SPONSORS:\tRep. Cordelli, Carr. 4; Rep. Wright, Carr. 8; Rep. Coffey, Hills. 25; Rep. F. McCarthy, Carr. 2

 

COMMITTEE:\tMunicipal and County Government

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill modifies the provisions for removing land use board members.

 

\tThis bill also repeals the provision for removing certain municipal officers.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2192

\t06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the removal of land use board members and municipal officers.

 

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

 

\t1  Local Land Use Boards; Removal of Members  RSA 673:13 is repealed and reenacted to read as follows:

\t673:13  Removal of Members.

\t\tI.  In this section:

\t\t\t(a)  "Incompetency" means gross ignorance of official duties, gross carelessness in the discharge of those duties, or unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect which did not exist at the time of the officer's election and which is documented by a licensed physician.

\t\t\t(b)  "Malfeasance" means intentional conduct that is wrongful or unlawful, especially by officials or public employees, which is at a higher level of wrongdoing than nonfeasance or misfeasance.

\t\tII.  The governing body may remove an elected or appointed land use board member for incompetency, malfeasance in office, or permanent inability to perform official duties as follows:

\t\t\t(a)  The governing body shall notify the land use board member by certified mail, return receipt requested, of its intention to proceed under this section by providing a written explanation and justification for the removal, and shall send a copy of such notice to the town clerk.

\t\t\t(b)  The land use board member shall respond to the governing body, with a copy to the town clerk, within 20 days of receiving the notification under subparagraph (a).  The response shall include written comment on the reason for removal cited by the governing board.

\t\t\t(c)  If the land use board member fails to respond within 20 days, the governing body may remove the land use board member from office as provided in paragraph III.

\t\tIII.(a)  Within 20 days of receiving the land use board member's written response, the governing body shall provide written notification to the land use board member and town clerk of its decision to proceed or not proceed with removal.

\t\t\t(b)  Within 10 days of receiving the written notification in subparagraph (a), the  land use board member may request a public hearing before the governing body.  Such hearing shall be conducted in accordance with RSA 91-A and held within 20 days of the date of the request.

\t\t\t(c)  If, after the land use board member's response and hearing, if any, the governing body determines that removal of the land use board member is justified, the governing body may remove the land use board member by sending written notification by certified mail, return receipt requested.  The governing body shall send a copy of the notification to the town clerk.  Any vacancy created by such a removal shall be filled by appointment by the governing body as provided in RSA 673:12.

\t\tIV.  The governing body's determination may be appealed de novo to the superior court in the county in which the municipality is located.

\t\tV.  If the land use board member's removal is found to not be justified at any point in the proceedings, the governing body shall be responsible for any legal fees of such member.

\t2  Repeal.  RSA 41:12, removal of collector, clerk, or treasurer, is repealed.

\t3  Effective Date.  This act shall take effect 60 days after its passage.