0308-hb 1622

CHAPTER 308

HB 1622-LOCAL - FINAL VERSION

AN ACT making the requirement that a deputy town clerk have his or her domicile within the town optional, ratifying any annual town meeting held prior to the effective date of this act that is of questionable legality solely due to the town having a nonresident deputy town clerk, and relative to the simultaneous holding of certain town offices.

SPONSORS: Rep. Lynde, Hills 24; Rep. Patten, Carr 9; Rep. Griffin, Rock 27; Sen. Klemm, Dist 22; Sen. Below, Dist 5

I. Eliminates the requirement that a deputy town clerk have his or her domicile within the town.

II. Ratifies and legalizes all acts, votes, notices, and proceedings of any annual town meeting held prior to the effective date of this bill that are of questionable legality solely due to the town having a nonresident deputy town clerk.

III. Eliminates the prohibition on a person holding certain town offices and being full-time head of a police department other than that of the town in which he or she holds the other office.

IV. Provides that, until January 1, 2002, in any town with a non-domiciled deputy town clerk, if a vacancy appears in the office of town clerk, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk within 30 days of the vacancy, or if an election is scheduled within 30 days of the vacancy, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk at least 24 hours before the election.

V. Provides that, as of January 1, 2002, if a vacancy in the office of town clerk occurs in a town with a deputy town clerk who is not domiciled in the town, the vacancy shall be filled by appointment made by the selectmen.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

308:1 Town Officers; Deputy Town Clerk; Town Domicile Not Required. Amend RSA 41:18 to read as follows:

41:18 Deputy Town Clerk. Each town may have a deputy town clerk who shall be qualified in the same manner as the town clerk, except that the deputy town clerk need not have his or her domicile in the town, and who shall perform all the duties of the town clerk in case of his or her absence by sickness, resignation, or otherwise. A deputy town clerk appointed hereunder shall be appointed by the elected town clerk with the approval of the selectmen.

308:2 Certain Annual Town Meetings Prior to Effective Date of This Act Ratified. No acts, votes, notices, or proceedings of any annual town meeting held prior to the effective date of this act shall be held invalid due to the town's deputy town clerk residing outside the town. Acts, votes, notices, and proceedings of any annual town meeting held prior to the effective date of this act which are of questionable legality solely due to the town having a nonresident deputy town clerk, are hereby legalized, ratified, and confirmed.

308:3 Town Elections; Incompatibility of Offices. Amend RSA 669:7, I to read as follows:

I. No person shall at the same time hold any 2 of the following offices: selectman, treasurer, moderator, trustee of trust funds, collector of taxes, auditor and highway agent. No person shall at the same time hold any 2 of the following offices: town treasurer, moderator, trustee of trust funds, selectman and head of [~~any~~] the town's police department on full-time duty. No person shall at the same time hold the offices of town treasurer and town clerk. No full-time town employee shall at the same time hold the office of selectman. No official handling funds of a town shall at the same time hold the office of auditor. No selectman, moderator, town clerk or inspector of elections shall at the same time serve as a supervisor of the checklist. No selectman, town manager, school board member except a cooperative school board member, full-time town, village district, school district except a cooperative school district, or other associated agency employee or village district commissioner shall at the same time serve as a budget committee member-at-large under RSA 32.

308:4 Filling of Vacancies in the Office of Town Clerk. Amend RSA 669:65 to read as follows:

669:65 Town Clerk. Vacancies in the office of town clerk shall be filled by appointment made by the selectmen except in towns in which pursuant to RSA 41:18 the selectmen have previously appointed a deputy town clerk, in which case the deputy shall serve as town clerk until the next annual town election, unless the deputy does not have his or her domicile in the town, in which case the vacancy shall be filled by appointment made by the selectmen.

308:5 New Section; Filling of Vacancies in the Office of Town Clerk; Towns With Non-domiciled Deputy Town Clerk. Amend RSA 669 by inserting after section 65 the following new section:

669:65-a Towns With Non-domiciled Deputy Town Clerk. Notwithstanding RSA 669:65, in any town with a deputy town clerk who is not domiciled in the town, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk within 30 days of a vacancy in the office of town clerk, or if any election is scheduled within 30 days of the vacancy, the selectmen, with consultation of the elected town clerk, if available, shall appoint a qualified town clerk at least 24 hours before the election.

308:6 Repeal. RSA 669:65-a, relative to filling of vacancies in the office of town clerk in towns with a non-domiciled deputy town clerk, is repealed.

III. The remainder of this act shall take effect upon its passage.