Title III, Towns, Cities, Village Districts, and Unincorporated Places

All books, records, papers, vouchers, and documents which shall be in the possession of any officer, committee, or board of officers of the town, and which are not needed elsewhere by them in the discharge of official duty, shall be deposited in the office of the town clerk, and …

The selectmen shall cause all books of public record belonging to the town to be well and strongly bound, and all papers and documents to be filed and arranged in an orderly manner convenient for reference and examination, and shall provide suitable fireproof safes or other means…

I. Town treasurers, trustees as provided in RSA 31:22 and 23, trustees as provided in RSA 53-B:8-a, I, library trustees including alternate library trustees, if any, town clerks, tax collectors and their deputies, agents authorized to collect the boat fee, and persons delegated t…

The selectmen may authorize and direct the town clerk to make, in suitable books, true copies of any of the public records of the town which have become so faded, worn out or otherwise defaced that in their judgment it is necessary they should be copied in order to insure the pre…

No town officer having the custody of its public records or documents shall loan the same or permit them to be taken from the place where they are usually kept except when necessary for the discharge of official duty or upon the summons of a court of competent authority; and they…

The selectmen shall provide, at the expense of the town, suitable cases for the preservation of the laws, reports and other books and pamphlets received by the town from the state or others; and the town clerk shall arrange and keep them therein in such manner that they will be a…

Whenever a town officer goes out of office he shall deliver to his successor all records, books, pamphlets, papers and other things in his possession pertaining to the office.

The secretary of state shall require town clerks or other town officials having the custody of town or parish records, plans, documents or public papers, prior to the year 1825, to deposit the same in his office in the state house at Concord, for the purpose of being copied and i…

Any person having an unrecorded document pertaining to the affairs of public importance of any town, parish or division of the state, prior to the year 1825, may submit the same to the secretary of state, with his affidavit of the source from which it was received, and, if it be …

Copies of such records, duly attested and certified by the secretary of state over the state's seal, shall be as competent evidence in any court within this state as the original record or document would be if produced by the legal custodian thereof.

Any report, form or assurance required to be submitted to the state by a town 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 inf…

All municipal records as defined in RSA 33-A:1, IV belong to the public in perpetuity and shall not be destroyed, maliciously damaged or retained by any person not entitled to keep them. Municipal records shall be destroyed only with the approval of the municipal records board es…

Every constable shall, within 6 days after his election or appointment, give bond, with sufficient sureties to the acceptance of the town or selectmen, for the faithful performance of the duties of his office, in form like that of county officers, and in default thereof the offic…

Every town, at the annual meeting, shall choose, by ballot, one selectman to hold office for 3 years. The selectmen shall manage the prudential affairs of the town and perform the duties by law prescribed. A majority of the selectmen shall be competent in all cases.

Upon written application of 25 or more registered voters or 2 percent of the registered voters in town, whichever is less, although in no event shall fewer than 10 registered voters be sufficient, presented to the selectmen or one of them not later than the fifth Tuesday before a…

When a petition is submitted under RSA 41:8-b or RSA 41:8-d, the selectmen shall within 10 days designate a place and a time for a public hearing thereon. Said hearing shall be held not later than the Thursday before the annual meeting to discuss the proposed change in the size o…

A town which has voted to enlarge its board of selectmen may rescind its action in the manner described in RSA 41:8-b, except that the question shall read: "Are you in favor of decreasing the board of selectmen to 3 members?"

If a town votes to enlarge or to decrease its board of selectmen the change does not take effect in either case until the first annual meeting following the meeting at which the questions were acted upon. If the town votes to enlarge the board to 5 members, at the first annual me…

I. The selectmen shall pay all sums of money received by them in behalf of the town to the town treasurer immediately after receipt, and state to him from whom and for what received. II. They shall draw orders upon the treasurer for the payment of all accounts and claims against …

I. A town may, by majority vote at any annual or special meeting, authorize the board of selectmen to establish or amend fees, as provided in this section. Such a vote shall continue in effect until rescinded. II. Following such vote, the board of selectmen, without further vote …

I. The governing body of a town, or a town manager in a town which has adopted the provisions of RSA 37, may require a background investigation and a criminal history records check on any candidate for employment in a position in the town that requires the employee to work with o…

I. In order to perform a background investigation for a candidate to be employed as a peace officer or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a curr…

Every town officer shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office involved.

I. The manner of dismissing a town officer who violates the oath as set forth in RSA 42:1 shall be by petition to the superior court for the county in which the town is located. II. Without limiting other causes for such a dismissal, it shall be considered a violation of a town o…

The moderator, town clerk, one of the selectmen or a justice of the peace are authorized to administer the oath required by this chapter.

Any person elected to an office where no other person was a candidate on the ballot for that office and no write-in candidate received 5 percent or more of the votes cast for that office, may be sworn in after the results are declared from the election and the annual business mee…

The town clerk shall immediately, or in accordance with the time adopted by the governing body, if one has been adopted, direct a constable or police officer to notify the persons so chosen or notify such persons by registered mail, return receipt requested, to appear before the …

Any constable or police officer neglecting his duty in any of the foregoing particulars shall be guilty of a violation. One-half of all fines collected hereunder shall inure to the use of the town and the remaining 1/2 shall inure to the use of the county.

Every person so chosen and notified, not by law exempt from serving, who shall neglect, for 6 days after personal notice, or notice left at the person's abode, or after the person's return in the case of absence when such notice was left, but in no case later than 30 days after t…

Any person so chosen and notified, who shall take the oath of office before one of the selectmen or a justice of the peace, and file a certificate thereof with the town clerk within said 6 days, shall be exempt from such penalty.

The town clerk shall make a record of every oath of a town officer taken in open town meeting at the time of the election, and of every such oath taken before him at any other time and place, the import of which record may be that the officer took the oath of office prescribed by…

On petition to the selectmen for the laying out or altering of highways, or for laying out lands for any public use, and generally for the purpose of deciding any question affecting the conflicting rights or claims of different persons, their proceedings shall be governed by the …

They shall appoint a time and place of hearing, and order notice thereof to be given to all persons whose property or rights may be directly affected by the proceeding, by giving to them or leaving at their abode an attested copy of the petition and order 14 days at least before …

Notice shall be given to all other persons interested by posting a like copy in one of the most public places in the town or district affected by the petition, and by leaving a like copy at the abode of the clerk of such town or district a like time before the hearing.

They shall hear all parties who desire to be heard, and examine them and their witnesses under oath, which either of the selectmen may administer; they may adjourn when they deem it necessary; and they shall make their decision in writing, and cause the petition, order of notice,…

The same rules shall apply to and govern the proceedings of fence-viewers, school boards, village commissioners, committees appointed by the selectmen and all town officers when they are applied to or appointed to decide any question affecting the rights or claims of individuals,…

No selectman or other officer shall act, in the decision of any such case, who would be disqualified to sit as a juror for any cause, except exemption from service, in the trial of a civil action in which any of the parties interested in such case was a party.

The place of a selectman or other officer so disqualified shall be supplied by appointment, by the other members of the board, of a qualified person who has theretofore holden the same office in the town, or, in the case of committees, by a new appointment.

If in any case the whole board is disqualified the selectmen shall, in writing, so inform some justice of the superior court, who shall thereupon, with or without notice, appoint a new board for that case from qualified persons who have before holden the same office in the town, …

All cities now or hereafter incorporated shall have, exercise and enjoy all the rights, immunities and privileges of, and shall be subject to all the duties incumbent upon, or appertaining to, the town corporations to which they succeed.

Each city shall file by January 1, 1973 with the secretary of state a copy of its then existing charter as one document incorporating all amendments thereto. Amendments adopted after said date shall be filed in like manner within 10 days of their adoption.

Each city may, subject to approval by the city council, voluntarily contribute funds, services, property, or other resources toward any county or state project, program, or plan, subject to the annual renewal of the voluntary contribution by the city council.

A public hearing on the annual budget of every city shall be held before the final adoption of said budget at such time and place as the city council shall direct, provided that notice of such public hearing shall be published by the city clerk at least one week in advance of sai…

Every city, by its council, may establish a contingency fund to meet the cost of unanticipated expenses that may arise during the year. Such fund shall not exceed one percent of the amount expended by the city for city purposes, exclusive of school department costs, capital expen…

I. The meeting of the voters of each ward for the election of city and ward officers shall be held on such day as may be fixed by law or by ordinance of the city council but in no event shall it be held in conjunction with a biennial election; and all ward and city officers who a…