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]]
[1]
Editor's Note: Authority originally enacted 3-9-1954 ATM by Art. 14.
[2]
Editor's Note: Authority originally enacted 3-4-1975 ATM by Art. 6.
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.
ADMINISTRATIVE
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]]
[2]
Editor's Note: Authority originally enacted 3-8-1977 ATM by Art. 40.
[3]
Editor's Note: Authority originally enacted 2009 ATM by Art. 23.
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.
[4]
Editor's Note: This enactment also redesignated former Subsections D through F as Subsections F through H, respectively. The authority for this subsection was originally enacted 3-11-1986 ATM by Art. 25.
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]
a.
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.
b.
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.
[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.