The Inhabitants of the Town of Conway, within the corporate
limits now established, shall continue to be a municipal corporation
by the official name of the "Town of Conway".
The Town may by its By-Laws adopt official seals, flags or other
symbols of the community.
Authority for the enactment of all Ordinances and By-Laws authorized
to be enacted by the municipality shall be vested in the Town Meeting
except for emergency Ordinances and By-Laws, as provided for in the
next section. Except for emergency Ordinances and By-Laws, or those
with dates specified by Statute, Ordinances and By-Laws, shall become
effective on adoption unless otherwise specified therein. The Selectmen
will prosecute any person violating Ordinances or By-Laws through
the Town Manager, Town attorney or police officers who for such purposes
shall be informing officers and will maintain actions to restrain
actual or threatened violations of the same. The establishment of
any fine or penalty shall be by Ordinance. Notwithstanding the above,
RSA 41:11 authorizes the Board of Selectmen to adopt regulations to
regulate highways not otherwise regulated by the commissioner of the
department of transportation.
The administrative services of the Town shall by ordinances
adopted by the Selectmen, be divided into such departments or other
agencies as are necessary for the proper and efficient management
of the affairs of the Town. Said ordinance shall define the function
and duties of each Town department or agency and shall be known as
the "Administrative Code". The Board of Selectmen may, by amendment
to the Administrative Code Ordinance, create, consolidate or abolish
departments or agencies and define or alter their functions and duties.
The head of each department or agency established by the Administrative
Code shall have and exercise supervision and control of his/her department
or agency and the employee therein, subject to the authority, review
and/or orders of the Town Manager, and shall have the power to prescribe
rules and regulations not inconsistent with state/federal law, this
Charter, the Administrative Code and the authority of the Town Manager.
Indemnification of officers and employees. The Town shall indemnify
and/or save harmless any person employed by the Town, including but
not limited to its Town Manager, Assistant Town Manager, and/or Appraiser,
any member of its Board of Selectmen, any administrative staff members,
and any member of agencies, boards, committees, or commissions, all
of which may include, but are not limited to, the Board of Adjustment,
Planning Board, Trustee of Funds, Trustee of Libraries, Park Commission,
Conservation Commission, Municipal Budget Committee, and/or any elected
or appointed Town officials, all acting for and/or to the benefit
of the Town of Conway, from any personal financial loss or damage
and/or expense, including reasonable legal fees and costs, if any,
arising out of any claim, demand, suit or judgment by reason of any
of the following: [Added 4-11-2017 ATM by Art. 30]
1. Any act or omission constituting a violation of the civil
rights of an employee or any person under any federal and/or state
law or constitution if such act or omission is not committed with
malice and the indemnified person, at the time of such act or omission,
was acting within the scope of his/her employment or office; and
2. Negligence or other act resulting in accidental injury to
a person or accidental damage to or destruction of property if the
indemnified person, at the time of the accident resulting in injury,
damage or destruction, was acting in the scope of his/her employment
or office.
Regular Ordinances and By-Laws may be repealed or amended at
Town Meeting by a majority vote.
All By-Laws, Ordinances, Resolutions, Rules, Regulations and
Votes of the Town Meeting which are in force at the time of this Charter
is adopted, not inconsistent with the provisions of this Charter,
shall continue in force until amended or repealed, including By-Laws,
if any, which have been passed and have been approved but have not
been published.
All departments, boards, commissions and other Town agencies,
and members thereof, whether elected or appointed, shall continue
in the performance of their powers, duties and functions until successors
have been elected or appointed as provided by this Charter or by the
General Laws.
Any person holding an office or position in the administrative
service of the Town at the time this Charter takes effect shall retain
such office or position and continue in the performance of his/her
duties until or unless provisions shall have been made, in accordance
with this Charter for the performance of such duties or the discontinuance
of such office or position.
All contracts or obligations entered into by the Town prior
to the effective date of this Charter shall continue in full force
and effect.
The Board of Selectmen shall hereafter, in at least every two
(2) year intervals, provide for the review and update of the general
codification of all existing Ordinances and By-Laws and this Charter
of the Town. The general codification shall continue as now existing
or modified by a majority vote of the Board and shall be in loose-leaf
form together with this Charter and any amendments thereto, and with
such codes of technical regulations and other rules and regulations
as the Board may specify. This compilation shall be known as the Conway
Code.
The Conway Code shall be maintained currently by there being
inserted, all new Ordinances, By-Laws, and other pertinent material
including an indexed record of rescinded Ordinances and other changes.
Copies of the Code and of new Ordinances and By-Laws enacted shall
be made available on request to officials, libraries and public offices
for public reference and also made available to the public for purchase
at a reasonable price.
All records, property, and equipment, whatsoever, of any office,
department or agency or part thereof, the powers and duties of which
are assigned in whole or in part to another office or agency, shall
be transferred forthwith to the office, department or agency to which
such powers and duties are assigned.
The Selectmen have control of all Town property which has not
been placed in the care of a particular board, commission, trustees
of the trust funds, officers or departments by the By-Laws, or by
the vote of the Town Meeting. The power to purchase, sell and convey
property for public use rests with the Town Meeting.
No Town real estate or property may be conveyed to any person
unless the Town by a majority vote at Town Meeting authorizes the
Selectmen to dispose of such property or real estate unless otherwise
provided by the General Laws. Real estate or property must be disposed
of by either a public auction or by advertised sealed bids unless
otherwise allowed per Town Meeting vote. The Selectmen have the power
to set a minimum amount for which the real estate or property is to
be sold, and to set the terms and conditions for the sale. The Selectmen
may by a specific article in the Town Warrant be authorized to dispose
of property or real estate in a different manner than auction or sealed
bid. Authority to transfer or to sell real estate or property continues
in effect for one (1) year from the date of the Town Meeting unless
otherwise provided.
The Board of Selectmen is authorized to accept private donations
of land, interest in land or money to be deposited into the conservation
fund for the purposes of contributing conservation land or interest
in land and other costs associated therewith for permanent conservation
use under the New Hampshire Land and Community Heritage Investment
Program (LCHIP) (RSA Ch. 227-M). The Selectmen are authorized to apply
for and accept state matching funds under the LCHIP for the purposes
of acquisition of the fee or lesser interest in conservation land.
Said appropriated or donated funds and state matching funds may be
expended by majority vote of the Conservation Commission. [Added
4-11-2017 ATM by Art. 30]
The Board of Selectmen may acquire or sell real estate for the
Town after recommendations from the Planning Board and Conservation
Commission of the Town pursuant to procedures, including public hearings,
set forth under RSA 41:14-a, but limited upon written petition to
the Board of Selectmen. This authority shall remain in effect until
specifically rescinded by subsequent vote of the Town, but such authority
shall not permit sale of Town-owned conservation land, Town forest,
or any real estate given to the Town for charitable or community purposes. [Added 4-11-2017 ATM by Art. 30]
To the extent that any specific provisions of this Charter shall
conflict with any provision expressed in general terms, the specific
provision shall prevail.
(A)
The Inhabitants of the Town of Conway shall continue to be a
body politic and corporate under the name of the "Town of Conway"
and as such to enjoy all the rights, immunities, powers, privileges
and be subject to all the duties and liabilities now appertaining
to, or incumbent upon them as a municipal corporation. Under this
Charter all existing property of the Town shall remain vested in it
and all its existing debts and obligations shall remain obligatory
upon it.
(B)
The incumbents in all elective or appointive Town offices, not
abolished or superseded when this Charter takes effect, shall continue
to hold office until the expiration of their respective terms where
a term of office exists, or until such offices are abolished or superseded
by any lawful act of the Town.
(C)
All Ordinances and other Town legislation now in effect shall
remain in effect until altered or repealed except where a contrary
intent appears in this Charter. In the event of an implied repeal
by virtue of existing Town legislation being contrary to any section
of this Charter, the legislation shall be deemed repealed only to
the minimum extent necessary to bring the legislation into conformance
with this Charter.
Amendment or repeal of this Charter shall be in accordance with
State Statute RSA Ch. 49-B.
This Charter shall become effective upon approval in accordance
with State Statute RSA Ch. 49-B.
This document shall be known and may be cited as the Conway
Charter.
This Charter recognizes the Conway Village Fire District, East
Conway Fire District, Center Conway Fire District, North Conway Water
Precinct, Kearsarge Lighting Precinct, and Intervale Lighting Precinct,
which now exist with the full rights and powers of village precincts
and districts respectively and as separate corporate entities under
the laws of the State of New Hampshire.
This Charter recognizes the Conway School District which now
exists with the full rights and powers of a school district and a
separate corporate entity under the Laws of the State of New Hampshire.
The provisions of this Charter may be enforced by any citizen
of the Town of Conway or the Board of Selectmen of the Town by appropriate
action brought in the Superior Courts of this State or such other
State or Federal Courts may have jurisdiction over the terms and subject
matter of this Charter.