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]]
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.
[1]
Editor's Note: Authority originally enacted 3-11-1986 ATM by Art. 23.
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[1]]
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[2]]
[1]
Editor's Note: Authority originally enacted 1988 ATM by Art. 20.
[2]
Editor's Note: Authority originally enacted 2002 ATM by Art. 42.
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.