Bill Details - HB434 (2019)

HB 434 - AS INTRODUCED

 

 

2019 SESSION

19-0685

06/03

 

HOUSE BILL 434

 

AN ACT relative to removal of a town clerk.

 

SPONSORS: Rep. Myler, Merr. 10

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill adds a cause for removing a town clerk from office.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0685

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to removal of a town clerk.

 

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

 

1  Removal of Town Clerk.  Amend the introductory paragraph of RSA 41:16-c and RSA 41:16-c, I and II to read as follows:

I.  The governing body may institute proceedings to remove a town clerk from office whenever[,]:

(a) Upon examination by the department of revenue administration, a certified public accountant, or a public accountant licensed by the state under RSA [309-A] 309-B, the accounts are found to contain an irregularity or material error, or show evidence that the timely deposit of funds has not been made in accordance with RSA 261:165.  For the purposes of this section, "irregularity" means an intentional misstatement of the financial statements or a theft of assets, and "material error" means a mistake or omission resulting from gross negligence which results in a material misstatement of the financial statements; or

(b) There is evidence that the town clerk knowingly violated specific sections of a municipal personnel policy which, if committed by a municipal employee, would result in termination of such employee.

II.  The governing body may institute proceedings to remove the town clerk as follows:

[I.] (a)  The governing body shall notify the town clerk by certified mail with return receipt and the commissioner of the department of revenue administration of its intention to proceed under this section by providing a written explanation and justification for the removal, along with a copy of [the audit] any findings.

[II.(a)] (b)  Within 20 days of receiving the notification provided in [paragraph I] subparagraph (a), the town clerk shall respond to the alleged irregularities, material error, [or] failure to timely deposit funds, or violation of policies.  The response shall be submitted to the governing body and the commissioner of the department of revenue administration and shall include written comment on each [audit] finding.

[(b)] (c)  If the town clerk fails to respond at any step in the process under this section within the prescribed period of time, then the governing body shall be permitted to remove the town clerk from office as provided in paragraph V.

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

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Municipal and County Government HJ 3 P. 14
March 5, 2019 Public Hearing: 03/05/2019 10:30 am LOB 301
March 6, 2019 Executive Session: 03/06/2019 01:00 pm LOB 301-303
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 19, 2019 Committee Report: Inexpedient to Legislate for 03/19/2019 (Vote 19-0; CC) HC 16 P. 10
March 19, 2019 Inexpedient to Legislate: MA VV 03/19/2019

Action Dates

Date Body Type
March 5, 2019 House Hearing
March 6, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB434 Revision: 4654 Date: Jan. 8, 2019, 8:55 a.m.