The form of government provided by this Charter shall be known
as the Selectmen-Official Ballot referendum Town Meeting (SB2) with
the Municipal Budget Act. The first session of the Annual Town Meeting,
which shall consist of explanation, discussion, and debate of each
Warrant Article, shall be held between the first and second Saturdays
following the last Monday in February, and the second session, allowing
official ballot voting on all Warrant Articles, shall take place on
the second Tuesday of April. All registered voters of the Town shall
be members of the legislative body eligible to vote on matters that
come before it.
The date of the Annual Town Meeting shall be as provided by
state law.
The business of the meeting shall be to elect officials, to
vote on Articles in the posted Warrant, to enact a budget, and to
act on any other business that may lawfully come before the meeting.
Except where they are specified by State Statute and this Charter,
rules governing the structure and conduct of Town Meeting shall be
Robert's Rules of Order.
A Moderator shall be elected for a two year term by a plurality
vote to preside over sessions of Town Meetings and state elections.
As provided for by Statute, Town Charter and By-Laws, the Selectmen
shall direct the preparation of a Warrant for the Town Meeting and
an Annual Report that shall be a complete record of all important
Town business for the previous year. The Selectmen shall, where consistent
with legal requirements and if deemed appropriate by them, consolidate
warrant articles to be acted on by the legislative body at Town Meeting
to expedite matters before the legislative body.
Petitioner's Warrant Articles shall be submitted to the Selectmen
in written form. Except for Petitioner's Warrant Articles pertaining
to Planning Board and Zoning matters which shall be controlled by
the applicable State Statutes, on written application of twenty five
(25) or more voters or two percent (2%) of the voters in the Town
(whichever is fewer) per RSA 39:3, presented to the Selectmen at least
35 days before the day prescribed for an annual or biannual meeting,
the Selectmen shall insert in their Warrant for such meeting the petitioned
article(s).
As provided for by the Municipal Budget Act, all monied Articles
along with the Town Budget are submitted for review and recommendation
to the Budget Committee.
The Warrant for the Annual Town Meeting shall be closed to the
insertion of Petitioned Warrant Articles on the fifth (5th) Tuesday
before the day prescribed for an Annual Town Meeting (RSA 39:3), except
the Selectmen may originate and insert Articles any time prior to
the posting of the Warrant. The Warrant must be posted and copies
available to the general public on or before the last Monday in February
per RSA 40:13, II-b(d).
A Special Town Meeting may be called by the Selectmen at their
discretion or shall be called by petition of five percent (5%) of
the registered voters of the Town presented to the Selectmen, not
less than sixty (60) days before the next annual meeting per RSA 39:3.
Adjourned sessions shall reconvene within the designated number of
days set by a majority vote of Town Meeting.
Any qualified voter of the Town may run for office by filing
a Declaration of Candidacy with the Town Clerk during the filing period
established by State Statute.
The Town shall elect in accordance with State Statutes and Town
By-Laws, Supervisors of the Checklist, who shall perform all legal
functions of that office, including registering eligible voters and
maintaining an up-to-date checklist.
All elections for municipal offices and statutory ballot questions
shall be by "Australian Ballot" in accordance with state and federal
laws.
The Town hereby adopts the nonpartisan ballot system for the
election of Town officers in accordance with RSA 669:13. [Added
4-11-2017 ATM by Art. 30[1]]
The Town hereby adopts absentee voting for all future Town Meetings.
Said absentee voting shall cover the election of officers and ballot
articles only. [Added 4-11-2017 ATM by Art. 30[2]]
When a vacancy occurs in any Town office, unless otherwise provided
for by Statute, the Board of Selectmen may appoint someone to serve
in the vacancy until the next Annual Town Meeting.
When a vacancy occurs on the Board of Selectmen, the Selectmen
may appoint a replacement according to the method used in filling
other vacancies. The person so appointed shall serve until the next
Annual Town Meeting when the voters of the Town shall then elect a
Selectman to serve for the balance of the unexpired term, if applicable.
No Conway Town official or employee, elected or appointed, may
engage in any Town activity other than normal duties in which they
may stand to profit monetarily.
Any elected or appointed officer or employee of the Town who
has a financial interest, direct or indirect, in any planned or existing
contract, job, work or service to be performed for the Town or voluntary
sale to the Town of any land, materials, supplies, equipment or other
property shall make full disclosure of such interest to the Board,
Commission or Town Manager to or by which the officer or employee
is elected, appointed or employed prior to the Town's deliberating
on any such matter or transaction. The person so financially interested
in such matters or transactions shall not vote in any of the Board
of Selectmen's consideration of such matter or transaction or any
other town consideration of such matter or transaction, but this shall
not prohibit such person from providing information as may be appropriate
to the due deliberation and consideration of such matter.
No elected or appointed officer or employee of the Town shall
solicit or accept any gift or gratuity which could, in any manner,
be construed to affect or influence the performance of his/her official
duties.
Violations of any of the foregoing provisions may constitute
a conflict of interest and subject the official or employee to removal
proceedings and/or proceedings under the recall provisions of this
Charter.
Any person while in Town office convicted of a Class A felony
in New Hampshire or its equivalent under the laws of any other State
or Federal Law shall forfeit such office forthwith.
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ADMINISTRATIVE
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A.
POWERS
The executive and administrative arm of Town Government, except
where provided otherwise by this Charter, or general law, shall be
entrusted to and exercised by a Board of five (5) Selectmen, elected
at-large by plurality vote to staggered three (3) year terms. The
Board shall discharge all duties conferred or imposed upon it by law
and this Charter.
B.
ORGANIZATION
Within seven (7) days of the Annual Town Election, the Board
shall hold an organizational meeting. The Board will elect a Chairperson
and a Vice-Chairperson from among their Board and appoint a Secretary
to the Board for the purposes of keeping a record of all Board meetings.
The Chairperson shall be recognized as the head of the Town for all
ceremonial purposes, and shall preside over meetings of the Board.
In the absence of the Chairperson all of the duties will be assumed
by the Vice-Chairperson.
At the organizational meeting, the Board shall adopt rules of
order and fix the time and place of regular meetings. Meetings shall
be held on a regular meeting date unless on a holiday in which case
no regular meeting shall be required. Voting on all matters, except
procedural, shall be by roll call unless there is a unanimous agreement.
Special meetings of the Board may be called at any time by the
Chairperson, or any other three (3) members. Notice of any special
meeting shall be given to all members and public notice given as statute
requires, except for an emergency meeting.
The Minutes of each meeting shall be approved by the Board and
the official copy authenticated by the signature of the Secretary
of the Board or its Chairperson. Minutes of the meeting shall be made
available for public inspection as per Statute required. The Board
must keep an official record of its proceedings which, except for
nonpublic sessions as covered by RSA 91-A:3, shall be open for public
inspection.
The Town shall have a Town Manager having powers and responsibilities
pursuant to those enumerated in RSA Ch. 37 but subject to the limitations
established by this Charter, existing and future adopted applicable
provisions of the Conway Code as may be amended from time to time,
and the powers reserved to or as may be established by the Town hereafter.
The Town Manager shall be under written contract to the Town having
a term as thereunder established but not to exceed five (5) years.
Nothing shall prohibit successive contracts with a Town manager provided
the term shall not exceed five (5) years. Said contract shall be negotiated,
or renegotiated as applicable, between the Town Manager and the Selectmen.
The Selectmen shall establish an office for same.
One person shall be chosen Town Clerk/Tax Collector in a manner
set forth in the State Statute and shall perform all of the duties
required by New Hampshire Law and shall furnish bond as required,
provided the Town shall pay the cost thereof. The term of office shall
be three (3) years. The Selectmen shall establish an office for same.
In accordance with RSA 41:38, the Tax Collector is authorized
to appoint a Deputy Tax Collector, with the approval of the Selectmen,
who shall be sworn and have the powers of the Tax Collector. [Added 4-11-2017 ATM by Art. 30[1]]
[1]
Editor's Note: Authority originally enacted 3-11-1980 ATM
by Art. 31.
The Town Treasurer shall be chosen in a manner set forth in
the State Statute and shall perform all the duties required by New
Hampshire Law and shall furnish bond as required, provided the Town
shall pay the cost thereof. The term of office shall be three (3)
years. The Treasurer shall also perform the following duties: Keep
Selectmen's payment books and receive all monies. The Town Treasurer
shall keep all records at appropriate offices designated by the Selectmen.
In accordance with RSA 41:29-a, the Town Treasurer, with the
approval of the Board of Selectmen, may appoint a Deputy Treasurer,
who shall be sworn and have the powers of the Treasurer. The Deputy
Treasurer may be removed at the pleasure of the Treasurer. [Added
4-11-2017 ATM by Art. 30[1]]
[1]
Editor's Note: Authority originally enacted 3-10-1981 ATM
by Art. 42.
Three (3) Trustees of the Trust Funds shall be elected in accordance
with State Statute and hold and exercise all duties, rights and obligations
of said office under New Hampshire law.
Seven (7) Library Trustees shall be elected in accordance with
State Statutes and hold and exercise all duties, rights and obligations
of said office under New Hampshire law.
The Budget Committee shall consist of twelve (12) Budget Committee
members to be elected in accordance with State Statutes plus one (1)
member chosen by the School Board of the School District for the Town,
and one (1) member of the Board of Commissioners of each Village District
or Precinct wholly within the Town to be designated respectively by
the Board of Commissioners thereof, and one (1) member of the Board
of Selectmen to be designated by said Board with all members to hold
and exercise all duties, rights and obligations of said office under
New Hampshire law. Non-elected members of the Budget Committee may
be represented at any meeting by an alternate School Board member,
Board of Commissioners member or Board of Selectmen member designated
by the respective Board with said alternate to serve with the same
authority as the chosen member. Qualifications for office, term and
vacancies of members of the Budget Committee shall be pursuant to
State Statute.
The Town shall have the following commissions and boards which,
from time to time, may be consolidated, enlarged or abolished by vote
at Town Meeting consistent with State Statute where applicable. Nothing
shall prohibit the Town at any regular or special meeting from establishing
additional commissions and boards of the Town having powers and duties
invested in them on their establishment. The powers and duties of
such additional, consolidated and/or enlarged commissions and boards
under their enactment shall be construed as a by-law or ordinance
modifying, where applicable, the powers and duties of the Town Manager
as otherwise allowed and provided under RSA 37:6 VII, as amended from
time to time.
A.
SCHOULER PARK COMMISSION
The Schouler Park Commission shall review and supervise as directed
and authorized by the Board of Selectmen from time to time, the operation
and maintenance of the Schouler Park in North Conway Village. The
Schouler Park Commission shall consist of three (3) voting members
to be appointed by the Selectmen for staggered terms of three (3)
years each.
B.
WASHINGTON STREET PARK COMMISSION
The Washington Street Park Commission shall review and supervise
as directed and authorized by the Board of Selectmen from time to
time, the operation and maintenance of Washington Street Park in Conway
Village. The Washington Street Park Commission shall consist of three
(3) voting members to be appointed by the Selectmen for staggered
terms of three (3) years each.
C.
CONWAY CONSERVATION COMMISSION
The Conway Conservation Commission shall be invested with the
powers and duties set forth in RSA Ch. 36-A, as amended, and shall
cooperate with the Board of Selectmen from time to time, in identifying
Town properties and rights which shall be managed and controlled by
this commission. The Conway Conservation Commission shall consist
of not less than three (3) nor more than six (6) voting members plus
a member designated from the Board of Selectmen who shall be an ex
officio voting member. The six (6) appointed members shall serve staggered
terms of three (3) years each. One (1) member of the Conservation
Commission may also serve on the Conway Planning Board. In addition,
the Selectmen may appoint up to seven (7) alternate members for staggered
terms of three (3) years each provided the Selectmen shall appoint
from among their number an alternate to serve in the absence of the
Selectman acting as ex officio member of the Conservation Commission.
On absence of any Conservation Commission member, the Chairperson
of the Conservation Commission may appoint an alternate to serve in
place of the absent member provided the Selectmen's alternate shall
only be appointed to act for the absent Selectmen acting as ex officio
member of the Conservation Commission. Any members so appointed may,
after public hearing, if requested, be removed for cause by the Board
of Selectmen.
In accordance with the provisions of RSA 36-A:5, a Conservation
Commission Fund is established, in which the appropriations for the
Conservation Commission will be allowed to accumulate from year to
year. [Added 4-11-2017 ATM by Art. 30[2]]
In accordance with the provisions of RSA 36-A:4-a, I(b), the
Conservation Commission may expend funds for contributions to "qualified
organizations," as defined in Section 170(h)(3) of the Internal Revenue
Code of 1986, for the purchase of property interests, or facilitating
transactions related thereto, where the property interest is to be
held by the qualified organization and the Town will retain no interest
in the property. [Added 4-11-2017 ATM by Art. 30[3]]
D.
HISTORIC
DISTRICT COMMISSION [Added 4-11-2017 ATM by Art. 30[4]]
Pursuant to RSA 673:4, an Historic District Commission consisting
of seven (7) members to be appointed by the Selectmen is established.
E.
HOUSING
COMMISSION [Added 4-11-2017 ATM by Art. 30[5]]
The New Hampshire Housing Commission is authorized to operate
in the Town of Conway. Said New Hampshire Housing Commission is authorized
to sponsor a project, under Section 8 of the United States Housing
Act of 1937, as amended, for any of the following dwelling accommodations
or a combination thereof: existing standard housing, rehabilitated
housing, newly constructed housing, the total amount of the foregoing
not to exceed fifty (50) dwelling units.
[5]
Editor's Note: Authority originally enacted as last amended
9-10-1979.
F.
CONWAY PLANNING BOARD [Amended 4-11-2017 ATM by Art. 30]
The Conway Planning Board has been established pursuant to RSA
673:1 and shall continue as now invested with the same powers and
duties which shall include, but not in limitation of the foregoing,
all powers and duties set forth in RSA 674:1 (planning), RSA 674:35
(subdivision), and RSA 674:43 (site plan) and 674:5-8 (capital improvements)
as each may be amended from time to time. The Planning Board shall
consist of seven (7) voting members with one (1) member to be one
(1) designated Selectman as a voting ex officio member per RSA 673:2
II (a) and six (6) voting members to be elected by the Town per RSA
673:2 II (b) and (c) both as may be amended from time to time. In
addition, the Planning Board shall appoint up to five (5) alternate
members for terms of three (3) years each provided the Selectmen shall
appoint from among their number an alternate to serve in the absence
of the Selectman acting as ex officio member of the Planning Board.
On absence of any Planning Board member, the Chairperson of the Planning
Board may appoint an alternate to serve in place of the absent member
provided the Selectmen's alternate shall only be appointed to act
for the absent Selectmen acting as ex officio member of the Planning
Board. In all respects, the Planning Board shall act pursuant to State
Statute. Existing regulations and bylaws of the Planning Board shall
remain in full force and effect but may be amended from time to time
hereafter by the Planning Board.
1. Election of members. Pursuant to RSA 36:4, as amended, the
Town adopts the procedure to elect the members of the Conway Planning
Board, consisting of seven members, at the next Annual Town Meeting.[6]
2. Approval of subdivisions. The Planning Board is authorized
to approve or disapprove, in its discretion, new subdivisions as provided
in Chapter 36, §§ 19 through 29 inclusive, of the New
Hampshire Revised Statutes Annotated 1955.[7]
3. Approval of plats affecting streets and parks. The Planning
Board is authorized to approve or disapprove, in its discretion, plats
showing streets, or widening thereof, or parks (to adopt and administer
subdivision regulations).[8]
4. Approval of nonresidential and multifamily development site
plans.[9]
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a.
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The Planning Board is authorized to review and approve or disapprove
site plans for the development of tracts for nonresidential uses and
multifamily dwelling units, whether or not such development includes
a subdivision or resubdivision of the site, as provided by RSA 674:43
et seq., as amended.
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b.
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The Planning Board is authorized to review and approve or disapprove
site plans for the development of nonresidential uses and multifamily
dwelling units consisting of more than two dwelling units and may
review and approve or disapprove site plans for the development or
change or expansion of use of tracts for nonresidential uses or for
multifamily dwelling units which are defined as structures containing
more than two dwelling units, all pursuant to RSA 674:43.
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[6]
Editor's Note: The authority for this subsection was originally
enacted 5-25-1957 ATM by Art. 1; amended in its entirety 3-31-1979
ATM by Art. 5; 3-11-1980 ATM by Art. 4. RSA 36:4 was repealed 1983,
447:5, IV, effective 1-1-1984. See now RSA 673:2.
[7]
Editor's Note: The authority for this subsection was originally
enacted 3-10-1970 ATM by Art. 16. See now RSA 674:35 et seq.; and
RSA 674:42, 675:6, 676:4, 676:16 and 676:18.
[8]
Editor's Note: The authority for this subsection was originally
enacted 3-13-1979 ATM by Art. 6.
[9]
Editor's Note: The authority for this subsection was originally
enacted 3-10-1982 ATM by Art. 28; amended 3-14-1989 ATM by Art. 35.
G.
ZONING BOARD OF ADJUSTMENT
The Zoning Board of Adjustment has been established pursuant
to State Statute and shall continue as now invested with the same
powers and duties as designated by State Statute from time to time.
The existing bylaws controlling the procedural operation of the Zoning
Board of Adjustment shall remain in full force and effect but may
be amended from time to time hereafter by the Zoning Board of Adjustment.
The Zoning Board of Adjustment shall consist of five (5) voting members
who shall be appointed by the Selectmen for staggered terms of three
(3) years each. On absence of any Zoning Board of Adjustment regular
member, the Chairperson may appoint an alternate member to act in
the place of the absent regular member.
H.
POLICE COMMISSION [Amended 4-11-2017 ATM by Art. 30]
The Police Commission has been established for the Town of Conway
pursuant to the General Laws of New Hampshire for 1969 Chapter 570
and as adopted by the Town at its Annual Town Meeting of March 12,
1968, and shall continue as now invested with the same powers and
duties as thereunder enumerated, provided nothing hereunder shall
prohibit amendment thereof from time to time by the State of New Hampshire
and the Town of Conway, as applicable.
There shall be a Police Commission for the Town of Conway consisting
of three persons elected as hereinafter provided. Said Commissioners
shall have been residents of said Town for at least five years immediately
preceding the date of their election and shall not hold nor be candidates
for any other political office of the Town of Conway during their
term on said Commission. There shall be elected at each annual meeting
one Commissioner for a term of three years. Any vacancy in the Commission
shall be filled by appointment by the remaining members of the Commission.
Such appointee shall hold office until the next annual meeting of
the Town.
Powers and duties.
1. The Police Commission shall appoint such police officers,
constables and superior officers as it may, in its judgment, deem
necessary and fix their compensation.
2. Said Commissioners shall have full authority to make and
enforce all rules and regulations for the government of the police
force in the Town of Conway.
3. Said Commissioners shall have authority to remove any officer
at any time for just cause and after due hearing, which cause shall
be specified in the order of removal, except that special police officers
appointed and designated as such shall serve at the pleasure of the
Commission and may be removed for other than just cause.
Compensation. The salary for each of said Police Commissioners
shall be $100 per year.
[1]
Editor's Note: The title of this section was changed to "Commissions
and Boards" 4-11-2017 ATM by Art. 30.
Compensation of all Town Officials, elected or appointed, and
Town Employees shall be as voted by the Town, and if no salaries or
other compensation have been determined by the Town, they shall be
determined by the Board of Selectmen who may delegate this responsibility
hereunder to its Town Manager or others as appropriate. Nothing hereunder
shall be construed to limit the authority of the Conway Police Commission
or other Commissions now or hereafter established by express vote
of the Town, from determining salaries and compensation of its employees.
Effective March 1, 1971, officers and employees of the Town
of Conway shall be included in the New Hampshire Retirement System,
as provided for by RSA Ch. 100-A. [Added 4-11-2017 ATM by Art.
30[1]]
[1]
Editor's Note: Authority originally enacted 3-9-1971 by resolution.
