TITLE III
TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
Chapter 48
CITY OFFICERS
Section 48:1
48:1 Disqualification for Employment by City. –
No publicly elected official of a city, except school district officers, who as such official is authorized to appropriate or expend public funds shall be employed during the term for which he is elected by any department, board or commission of the city in any other capacity or in any other position of employment by the city where compensation is allowed, except as justice or clerk of the municipal court, or call firemen, or special police officers; provided that in case any city charter, at the time this section takes effect, provides specifically that certain elected officials may be employed in other specified employments, or positions, contrary to the provisions of this section, the provisions of said charter shall prevail. Upon the acceptance of any such prohibited employment by a publicly elected official, as prohibited herein, the elective office shall forthwith become vacant and shall be filled as provided by law. The provisions of this section shall not affect the rights of cities or towns to make such consolidation of official functions as may have been heretofore authorized by statute.
Source. 1941, 159:1. RL 66:3. RSA 48:1. 1955, 17:1. 1959, 64:1, eff. June 20, 1959.
Section 48:1-a
48:1-a Certification. –
Any report, form or assurance required to be submitted to the state by a city officer which requires the submitting officer to certify to the accuracy of information it contains shall use a statement for the certification in a form substantially similar to the following: "The information submitted on this form is a true and accurate statement to the best of my personal knowledge and belief based on the information available to me at the time entered hereon and no information is presently known by me to exist which leads me to believe or suspect otherwise."
Source. 1977, 278:2, eff. Aug. 21, 1977.
City Clerk
Section 48:2
48:2 Election. –
The city councils, being met in convention upon the day appointed by law or ordinance, shall by joint ballot elect a city clerk, who shall hold his office for the term fixed by law or ordinance, and until another is chosen and qualified, removable, however, at the pleasure of the city councils.
Source. 1846, 384:22. 1855, 1699:21. GS 43:1. GL 47:1. PS 49:1. PL 53:1. RL 65:1.
Section 48:3
48:3 Clerk of Mayor and Aldermen. –
The city clerk shall be ex officio clerk of the board of mayor and aldermen, shall keep a journal of all the acts, votes and proceedings of the mayor and aldermen, and also of the city councils when sitting in convention, and shall perform such other services as the mayor and aldermen or city councils may prescribe.
Source. 1846, 384:22. 1855, 1699:21. GS 43:2. GL 47:2. PS 49:2. PL 53:2. RL 65:2.
Section 48:4
48:4 General Duties. –
He shall perform all the duties and exercise all the powers incumbent upon or vested in the town clerks of towns, except where it is otherwise provided by law. He shall deliver to his successor in office, as soon as chosen and qualified, all journals, records, record books, papers, files and other things whatsoever held by him in his capacity of city clerk.
Source. 1846, 384:22. 1855, 1699:21. GS 43:3. GL 47:3. PS 49:3. PL 53:3. RL 65:3.
Section 48:5
48:5 Invoices and Assessments. –
The city clerk shall receive the invoice and assessments made, or a copy thereof required by law to be returned to his office, and keep the same there, open to public inspection, but need not record the same.
Source. 1849, 837:3. GS 43:4. GL 47:4. PS 49:4. PL 53:4. RL 65:4.
Section 48:6
48:6 Deputy. –
The city councils may elect a deputy city clerk, who shall qualify in the same manner as city clerks, and who shall perform all the duties of the city clerk in case of absence by sickness, resignation or otherwise of the city clerk.
Source. 1899, 90:1. PL 53:5. RL 65:5.
Section 48:7
48:7 Clerk Pro Tem. –
Whenever the city clerk shall become unable, by reason of sickness or otherwise, to discharge his duties, and there is no deputy clerk, the mayor and aldermen may appoint a clerk pro tempore, who shall perform all the duties of a clerk during such time as the incapacity may continue.
Source. GS 43:5. GL 47:5. PS 49:6. PL 53:6. RL 65:6.
Section 48:8
48:8 Vacancy. –
In case the office of city clerk shall become vacant from any cause the mayor and aldermen shall forthwith appoint a clerk pro tempore, who shall hold the office and perform the duties until a clerk shall be elected by the city councils at a convention which may be held at any time for that purpose.
Source. GS 43:6. GL 47:6. PS 49:7. PL 53:7. RL 65:7.
Section 48:9
48:9 Public Records. –
All records, books, papers, vouchers and documents of every kind which shall be in the hands of any officer, committee or board of officers of the city, not their individual property, which shall not be needed for their present use, shall be properly filed and deposited in the office of the city clerk, and shall be kept and preserved there by him as public records of the city.
Source. GS 43:13. GL 47:13. PS 49:14. PL 53:8. RL 65:8.
City Marshal
Section 48:10
48:10 Duties. –
The city marshal shall, under the mayor, have the control and direction of the police of the city; shall attend upon the mayor and aldermen when required; shall be, by virtue of his office, constable and conservator of the peace; and in the absence or disability of the mayor shall have the same powers for the preservation of the peace as the mayor.
Source. 1846, 384:15. GS 43:7. GL 47:7. PS 49:8. PL 53:9. RL 65:9.
Section 48:11
48:11 Jurisdiction. –
The authority of the marshal, assistant marshals, collector, constables, police officers and watchmen shall extend through any ward and to every part of the city.
Source. 1860, 2359:1. GS 43:8. GL 47:8. PS 49:9. PL 53:10. RL 65:10.
Section 48:11-a
48:11-a Extended Authority. –
The authority of any duly authorized marshal, collector, constable, police officer or watchman of any city shall extend to any town or city in the state, provided that the chief law enforcement officer of the requesting town or city has executed with the chief law enforcement officer of the responding city a written agreement which sets forth the terms and conditions under which such assistance shall be requested or rendered. The executed agreement shall constitute authorization for every request for assistance, and for any assistance rendered in accordance with the terms and conditions of the agreement, regardless of whether the responding marshal, collector, constable, police officer or watchman is named in the agreement. In an emergency situation, the ranking on-duty law enforcement officer of a town or city is authorized to make an oral request to the ranking on-duty law enforcement officer of the responding town, subject to the terms and conditions of the written agreement, and the authority of the responding marshal, collector, constable, police officer or watchman shall extend to the requesting town or city. The written agreement shall remain in full force and effect until terminated by the mutual consent of the chief law enforcement officers of each town or city, or until 10 days after the chief law enforcement officer of one town or city has received notification from the chief law enforcement officer of the other town or city of his intention to terminate it.
Source. 1971, 390:1. 1981, 297:2, eff. Aug. 15, 1981.
Assessors
Section 48:12
48:12 Choice. –
So many assessors may be chosen in each ward as may be prescribed by law or ordinance; or so many assessors may be chosen, in such manner and for such terms, as may be prescribed by law, or as the city councils may by ordinance provide, who shall hold their offices for the terms therein limited.
Source. 1846, 384:25. 1855, 1699:22. GS 43:9. GL 47:9. PS 49:10. PL 53:11. RL 65:11.
Section 48:13
48:13 Duties. –
The assessors, however elected, shall constitute a board of assessors for the city, who shall perform all the duties relative to taking the inventory and the appraisal of property for taxation, and in regard to the assessment and abatement of taxes and issuing warrants for the collection of the same, as are now or may hereafter be required by law of selectmen and assessors of towns; and shall have all the powers and be subject to the same liabilities, in regard to those duties, which selectmen and assessors in towns now or hereafter may have, or be subject to, in regard to the same.
Source. 1846, 384:25. 1855, 1699:22. GS 43:10. GL 47:10. PS 49:11. PL 53:12. RL 65:12.
Section 48:14
48:14 Assistants. –
The city councils of any city may elect assistant assessors, not exceeding 6 in number, who shall assist the assessors of the city in the discharge of their official duties, when necessary for the seasonable completion of the inventory and assessment; and the assistant assessors shall act under the direction of the assessors.
Source. 1860, 2357:1. GS 43:11. GL 47:11. PS 49:12. PL 53:13. RL 65:13.
Section 48:15
48:15 Warrants. –
The mayor and aldermen shall forthwith deliver to the chairman of the board of assessors all warrants for the assessment of state and county taxes which may be addressed to them, and all certified copies of the votes of school districts for raising district taxes which may be delivered to them; and the same shall be sufficient authority for the assessors to assess and collect such taxes.
Source. GS 43:12. GL 47:12. PS 49:13. PL 53:14. RL 65:14.
City Treasurer
Section 48:16
48:16 City Treasurer; Duties. –
I. The city treasurer shall have custody of all moneys belonging to the city. The treasurer shall deposit the same in participation units in the public deposit investment pool established pursuant to RSA 6:45, or in federally insured banks authorized to accept deposits under RSA 6:8, I and I-a. In addition, funds may be deposited in federally insured banks outside the state if such banks pledge and deliver to a third party custodial bank or the regional federal reserve bank collateral security for such deposits of the following types:
(a) United States government obligations;
(b) United States government agency obligations; or
(c) Obligations of the state of New Hampshire in value at least equal to the amount of the deposit in each case.
II. The city treasurer shall keep in suitable books provided for the purpose a fair and correct account of all sums received into and paid from the city treasury, and of all notes given by the city, with the particulars thereof. At the close of each fiscal year, the treasurer shall make a report to the city giving a particular account of all his or her financial transactions during the year and account balances at year end. The treasurer shall furnish to the mayor and council statements from the treasurer's books, and submit the books and vouchers to them and to the city auditors for examination, whenever so requested.
III. Whenever the city treasurer has in custody an excess of funds which are not immediately needed for the purpose of expenditure, the city treasurer shall invest the same in accordance with the investment policy adopted by the mayor and board of aldermen or city council under RSA 47:6, II. The treasurer may invest in participation units in the public deposit investment pool established pursuant to RSA 6:45, or in deposits, including money market accounts, or certificates of deposit, or repurchase agreements, and all other types of interest bearing accounts, of federally insured banks authorized to accept deposits under RSA 6:8, I and I-a, or in obligations fully guaranteed as to principal and interest by the United States government. The obligations may be held directly or in the form of securities of or other interests in any open-end or closed-end management-type investment company or investment trust registered under 15 U.S.C. section 80a-1 et seq., if the portfolio of the investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations.
IV. The city treasurer shall pay out fees held pursuant to RSA 673:16, II upon the order of the local land use board or its designated agent or in the case of moneys held pursuant to RSA 674:44-d upon order of the heritage commission.
V. The treasurer shall insure that prior to acceptance of any moneys for deposit or investment, including repurchase agreements, the federally insured bank shall make available at the time of such deposit or investment an option to have such funds secured by collateral having a value at least equal to the amount of such funds. Such collateral shall be segregated for the exclusive benefit of the city. Only securities defined by the bank commissioner as provided by rules adopted pursuant to RSA 383-B:3-301(e) shall be eligible to be pledged as collateral.
VI. As an alternative to the option of collateralization for excess funds provided in paragraph V, the treasurer may also invest public funds in interest-bearing deposits which meet all of the following conditions:
(a) The funds are initially invested through a federally insured bank authorized to accept deposits under RSA 6:8, I and I-a, selected by the treasurer.
(b) The selected bank arranges for the redeposit of funds which exceed the federal deposit insurance limitation of the selected bank in deposits in one or more federally insured financial institutions located in the United States, for the account of the treasurer.
(c) The full amount of principal and any accrued interest of each such deposit is covered by federal deposit insurance.
(d) The selected bank acts as custodian with respect to each such deposit for the account of the treasurer.
(e) On the same date that the funds are redeposited by the selected bank, the selected bank receives an amount of deposits from customers of other federally insured financial institutions equal to or greater than the amount of the funds initially invested through the selected bank by the treasurer.
Source. 1939, 170:2. RL 65:15. 1949, 207:1. RSA 48:16. 1959, 197:2. 1973, 490:2. 1991, 268:9; 377:7; 383:10. 1992, 64:4. 1996, 209:11. 1997, 208:9. 1998, 40:3. 2007, 246:7. 2008, 120:26. 2010, 7:4, eff. July 3, 2010. 2013, 97:4, eff. Aug. 19, 2013. 2015, 272:44, eff. Oct. 1, 2015. 2021, 65:17-19, eff. Aug. 3, 2021. 2023, 36:2, eff. July 16, 2023.
Section 48:16-a
48:16-a Repealed by 1959, 217:2, eff. Aug. 16, 1959. –
City Purchasing Departments
Section 48:17
48:17 City Purchasing Departments. –
The city councils of any city shall have power to establish an ordinance creating a purchasing department for the city. The administrative head of such department shall be called the city purchasing agent and he shall be appointed by the mayor with the approval of the city council, or the city council by ordinance may assign the duties of the city purchasing agent to an existing municipal officer. The city purchasing agent shall make all purchases of materials, equipment, and supplies for all departments, officers and agencies of the city under such rules and regulations as he shall promulgate subject to the approval of the city councils. In any city adopting the provisions hereof all departments, officers and agencies of the city shall requisition to the purchasing agent for all purchases in accordance with rules and regulations of said purchasing agent and the city treasurer shall not charge purchases against city funds unless and until the purchase order has been approved by the purchasing agent, subject to such exceptions in case of emergency as the councils may approve in accordance with such rules and regulations. The rules and regulations relative to the purchasing department shall include a requirement that all purchases of an amount over $100 dollars shall be made by competitive bidding subject to such exceptions as the councils may approve. In any city adopting the provisions hereof, any special provisions of the charter of said city inconsistent herewith relative to departments making their own purchases are hereby repealed to the extent of such inconsistency.
Source. 1943, 86:1, eff. Mar. 23, 1943.
Director of Human Services
Section 48:18
48:18 Appointment, Term. –
In any city which adopts the provisions of this subdivision as provided in RSA 48:20, the mayor, with the approval of the board of aldermen in cities with a strong mayor form of government, or the city manager, with approval of the city council in cities with a weak mayor form of government, shall appoint a director of human services who shall hold office for a term of 4 years and until a successor is appointed and qualified. A vacancy shall be filled for the unexpired term.
Source. 1973, 319:1, eff. Aug. 25, 1973.
Section 48:19
48:19 Qualifications. –
The director of human services shall have the following minimum qualifications: A master's degree from a recognized college or university with a major in social work or related studies, such as government, economics, business administration, sociology, psychology or education, and 4 years administrative experience, including personnel supervision and coordination; or a bachelor's degree in the same subjects specified above and 6 years administrative experience, including personnel supervision and coordination.
Source. 1973, 319:1, eff. Aug. 25, 1973.
Section 48:20
48:20 Adoption of Subdivision. –
I. Notwithstanding the provisions of any city charter to the contrary, the governing body of any city of a population greater than 80,000, according to the most recent census, may adopt the provisions of this subdivision as provided in paragraphs II and III.
II. If the governing body of a city with a population greater than 80,000 should desire to place the question of whether or not to establish the office of director of human services on an appointive basis as provided in this subdivision, they may place said question on a referendum to be voted upon at any regular municipal election or at a special election called for the purpose of voting on said question. Should a referendum be held, the following question shall be submitted "Shall the office of director of human services be established on an appointive basis as provided in RSA 48?" The governing body shall be bound by the outcome of the referendum.
III. If the governing body of a city with a population greater than 80,000 should decide not to place the question of the adoption of the provisions of this subdivision on a referendum, a 2/3 vote of the entire membership of the governing body shall be sufficient to adopt the provisions of this subdivision.
Source. 1973, 319:1, eff. Aug. 25, 1973.
Section 48:21
48:21 Conflict With Charter. –
Whenever the charter of any city which adopts the provisions of this subdivision provides for a commissioner of welfare on either an elective or appointive basis, or a director of human services on an elective basis or on an appointive basis other than as provided for in this subdivision, the provisions of this subdivision shall take precedence. In such case, the incumbent in such office shall hold his office for the duration of his term provided that such term shall not exceed 2 years from the date of said adoption and provided further that if a vacancy occurs in said office, the provisions of this subdivision shall take effect immediately.
Source. 1973, 319:1, eff. Aug. 25, 1973.