[Amended 3-14-1978; 11-16-2022]
Every person elected or appointed to any city office or city
board, before entering upon the duties of said office shall take and
subscribe to an oath of office as provided by law which shall be filed
and kept in the office of the city clerk.
[Amended 11-16-2022]
Written notice of election or by appointment of any city officer
shall be mailed to said officer at the officer's address by the city
clerk within forty-eight hours after the appointment is made or the
vote canvassed. If within ten days from the date of the notice, such
officer has not filed with the city clerk a written notice of acceptance
of such election or appointment and shall not take, subscribe to,
and file with the city clerk an oath of office, such neglect shall
be deemed a refusal to serve and the office shall thereupon be deemed
vacant, unless the council shall extend the time in which such officer
may qualify.
In addition to other provisions of this charter, a vacancy shall
be deemed to exist in any office when an officer dies, resigns, is
removed from office, is convicted of a felony, is physically incapacitated,
or is judicially declared to be mentally incompetent.
[Amended 3-18-1988, effective 1-1-1989; amended 11-16-2022]
A person who has, or within twelve months preceding had, a direct
personal and pecuniary interest in a matter pending before the Council,
any Board or department of the City shall be disqualified from participation,
voting or acting on such matter, as a councilor, board member, or
employee. Such person must at all times physically remove themselves
from any and all consideration of that matter. Any person who is disqualified
as provided herein and demands to participate, vote or act on such
matter may be removed only by order of the Superior Court on petition
by any person.
No officer or employee shall devote any city property or labor
to private use except as may be provided by law or ordinance.
Every public utility shall pay such part of the cost of improvement
or maintenance of streets, alleys, bridges, and public places as shall
arise from its use thereof, and shall protect and save the city harmless
from all damages arising from said use.
The removal in accordance with this charter with or without
cause of a person elected or appointed or otherwise chosen for a fixed
term shall give no right of action for breach of contract, or otherwise.
[Amended 3-10-1998]
All books of account, in relation to the receipt holding or
disbursement of money of the city kept by any official of the city,
shall be paid for by the city, shall remain the property of the city,
and shall be turned over to the city clerk whenever the keeper of
the books of account retires from the office. All books pertaining
to city affairs kept by the city manager, city clerk, or any other
elective or appointive officer of the city shall be kept in the city
buildings in their proper places and shall not be removed therefrom
without an order of court or a vote of the city council first had
and obtained. All books and accounts of any official of the city and
all records of the city council and any committee thereof shall at
all times in business hours be open to the inspection of any citizen
of the city, except that the council may vote to withhold minutes
of proceedings of a nonpublic session only in accordance with the
New Hampshire Right-to Know Law, RSA Chapter 91-A.
Trust funds of the City of Lebanon, except where otherwise provided
by the instrument creating such trust, shall continue to be kept separate
and apart from all other funds and shall remain in the hands of the
trustees of trust funds, one of whom shall be appointed by the mayor
each year for a term of three years. Said trustees shall invest such
fiends in securities legal for investment by savings banks of this
state.
All special legislation pertaining to water precincts, fire
precincts and fire districts shall be hereby repealed, including the
following acts of the general court: 1943, Chapter 298; 1941 Chapter
306; 1907, Chapters 191 and 247; 1887, Chapter 223; 1873, Volume 65,
Page 155; 1868, Volume 60, Page 95. All ordinances and by-laws of
the town of Lebanon pertaining to fire or water districts shall be
repealed. All special legislation now in force relating to sewers,
registration and elections, borrowing money, issuing bonds or refunding
same, is hereby continued in force insofar as it is not inconsistent
with the provisions of this charter, the powers thereby given to the
town of Lebanon or any board or commission thereof being vested in
the City of Lebanon, subject, however, to all the provisions of this
charter. All special legislation relative to the government of cities
shall remain in force in the city so far as the same can be applied
consistently with the interests and purposes of this charter, but
shall be deemed superseded as to this city so far as inconsistent
herewith.
[Amended 11-16-2022]
All ordinances and by-laws of the town of Lebanon or its selectpersons
shall continue in force until altered or repealed, except where a
contrary intent herein appears.
No section or provision of this charter may be repealed or amended
unless the act making such repeal or amendment refers specifically
to this charter and to the sections or provisions so repealed.
[Adopted 11-7-1967]
Any person who violates any provision of this charter, unless
otherwise provided, shall be fined not exceeding five hundred dollars
or imprisoned not exceeding ninety days, or both. The council may
provide in any city ordinance that any person who violates that ordinance
shall be fined not exceeding five hundred dollars or imprisoned not
exceeding ninety days, or both.
The sections of this charter and the parts thereof to any person
or circumstance, shall be held invalid, the remainder thereof or the
application of such invalid portions to other persons or circumstances
shall not be affected thereby.
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Adopted: July 17,1957
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Amended:
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November 7, 1967
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December 3, 1968
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November 2, 1971
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November 6, 1973
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March 4, 1976
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March 8, 1977
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March 14, 1978
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March 10, 1981
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November 2, 1982
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March 13, 1984
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November 4, 1986
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March 8, 1988
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June 17, 1992
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March 11, 1997
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March 10, 1998
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March 8, 2005
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March 13, 2012
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November 16, 2022
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