City of Nashua, NH City Clerk

[NRO 1975, T. 4, § 402; NRO 1987, § 2-206; amended 4-14-1981 by Ord. No. O-81-126]

To the same extent as Town Clerks are required to do, unless otherwise prescribed by law or ordinance, the City Clerk shall keep a record of:

(1)

All votes required by law to be returned to him from the different wards;

(2)

All proceedings relating to the laying out of highways, division of fences, sale of land for taxes, general meetings of the inhabitants;

(3)

All other documents and proceedings necessary and proper to be recorded; and

(4)

A copy of all minutes of all meetings of public bodies in the City of Nashua subject to NH RSA Chapter 91-A (the "Right-to-Know Law"), which will be forwarded to the City Clerk by each public body.

[Added 8-9-2005 by Ord. No. O-05-79]

The City Clerk shall keep in his possession all contracts, agreements, deeds, easements and other legal documents with which the City or any of its boards or commissions becomes involved.

The Mayor or his designee, the City Clerk, Treasurer/Tax Collector and the Chairman of the Board of Assessors shall constitute a Municipal Records Committee pursuant to RSA 33-A who shall govern the disposition of City records in accordance with the provisions of state law.

The City Clerk shall administer the records management program for the minutes of all public bodies and their subcommittees in the City of Nashua subject to NH RSA Chapter 91-A (the "Right-to-Know Law"). In this regard, the City Clerk may, in consultation with the City Solicitor/Corporate Counsel:

[Added 8-9-2005 by Ord. No. O-05-79]

(1)

Develop and circulate such instructions as may be necessary and proper to implement and maintain the proper management of public minutes;

(2)

Advise and assist City divisions relative to the creation, management and retention of public minutes within each division's responsibility; and

(3)

Maintain a management system to track the public minutes.

A copy of all minutes of all public bodies and their subcommittees in the City of Nashua subject to NH RSA Chapter 91-A (the "Right-to-Know Law") shall be stored, and public access provided, as follows:

[Added 8-9-2005 by Ord. No. O-05-79]

(1)

Board of Assessors minutes shall be managed by the Assessing Department.

(2)

Board of Education and Joint Special School Building Committee minutes shall be managed by the Nashua School District.

(3)

Board of Fire Commissioners and SARA/Local Emergency Preparedness Committee minutes shall be managed by the Nashua Fire Department.

(4)

Board of Health and Childcare Advisory Committee minutes shall be managed by the Division of Public Health and Community Services.

(5)

Board of Public Works, Board of Public Works Pension Trustees, Mine Falls Park Advisory Committee, Mohawk Tannery Steering Committee, and Park and Recreation Advisory Committee minutes shall be managed by the Public Works Division.

(6)

Board of Building and Fire Codes, Business and Industrial Development Authority, Conservation Commission, Historic District Commission, Land Conservation Committee, Nashua Transit Advisory Committee, Planning Board, and Zoning Board of Adjustment minutes shall be managed by the Community Development Division.

[Amended 12-13-2016 by Ord. No. O-16-026[1]]

[1]

Editor’s Note: This ordinance also provided that all members of the existing Building Code Board of Appeals and Board of Fire Prevention Code Appeals must be appointed and confirmed to this new Board of Building and Fire Codes Appeals and designated as a member or alternate member.

(7)

Capital Reserve Equipment Fund minutes shall be managed by the Financial Services Division.

(8)

Edgewood Cemetery Trustee minutes shall be managed by Edgewood Cemetery.

(9)

Library Trustee minutes shall be managed by the Nashua Public Library.

(10)

Police Commission minutes shall be managed by the Nashua Police Department.

(11)

Woodlawn Cemetery Trustees minutes shall be managed by Woodlawn Cemetery.

(12)

All minutes of all other public bodies in the City of Nashua, not listed above and covered by this section, shall be forwarded to the City Clerk.

Division directors shall establish and maintain an active, continuing program for the economical and efficient management of the minutes for all boards, commissions, or committees for which they are responsible for, as listed above, or for which the division may become responsible for, by statute or ordinance. Division directors shall, among other things:

[Added 8-9-2005 by Ord. No. O-05-79]

(1)

Develop management controls for the creation, maintenance, and storage of minutes created in the normal course of business;

(2)

Ensure that retention schedules established under state statutes, state administrative rules, or City ordinances for minutes of public bodies shall be complied with;

(3)

Ensure protection of those minutes in their custody against natural or other disasters; and

(4)

Designate departmental records administrator(s) and alternate(s) to coordinate with the City Clerk's office for:

(a)

Providing notice to the City Clerk as to where the minutes are housed and who is to be contacted within the division for access to those minutes;

(b)

Processing public records requests; and

(c)

Maintaining an inventory of minutes on file within the division.

Notwithstanding Subsection E above, the City Clerk may agree to accept custody of, and management for, the minutes of public bodies listed herein and currently managed by other divisions or departments, in accordance with transfer guidelines developed by the City Clerk.

[Added 8-9-2005 by Ord. No. O-05-79]