HB 1124  - AS INTRODUCED

 

 

2024 SESSION

24-2582

11/08

 

HOUSE BILL 1124

 

AN ACT relative to limiting conflicts of interest and excessive concentration of power for municipal board and committee members.

 

SPONSORS: Rep. Spilsbury, Sull. 3

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill limits conflicts of interest and excessive concentration of power for municipal board and committee members.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2582

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to limiting conflicts of interest and excessive concentration of power for municipal board and committee members.

 

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

 

1  Municipal Office Limitations.  RSA 669:7 is repealed and reenacted to read as follows:

669:7  Municipal Office Limitations.

I.  In order to eliminate conflicts of interest and excessive concentration of power in municipal government;

(a)  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, highway agent, town manager or other administrator, and head of the town's police department on full-time duty.  

(b)  No town clerk or deputy town clerk may hold any other elected or appointed office other than tax collector, if authorized as provided in RSA 41:45-a.

(c)  No full-time town employee shall at the same time hold the office of selectman.  

(d)  No official handling funds of a town shall at the same time hold the office of auditor.  

(e)  No selectman, moderator, town clerk, deputy town clerk, or inspector of elections shall at the same time serve as a supervisor of the checklist.  

(f)  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 or other municipal finance committee member.

(g)  No board or committee member serving on any municipal body shall serve simultaneously on more than 2 municipal boards or committees.

(h)  No member serving on any municipal body shall simultaneously hold elected or appointed office and be appointed to or serve on more than one other volunteer board or committee of that municipality.

(i)  No full-time municipal employee or department head shall serve on:

(1)  Any budget, finance, planning, or zoning board or committee of the same municipality; or

(2)  Any other board or committee that has jurisdiction over any subject within the scope of their employment responsibilities.

II.  No person shall at the same time file a declaration of candidacy for any 2 or more elected offices that are incompatible under paragraph I.

III.  The provisions of paragraph I shall not be construed to prevent the transfer between offices of information obtained in the regular conduct of business nor to prevent the personnel in any office from furnishing clerical assistance to any other office.

IV.  Any other statutory provision describing incompatible offices or municipal positions shall also be subject to this section.  Any conflicts between this section and any other statute shall be resolved in favor of this section.

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