Law

RSA 41 Choice and Duties of Town Officers

New Hampshire · 41 · statute

Ask the law about thisMore laws of New HampshireFor machines: Markdown

Open at the publisher →

The publisher does not state since when this version applies. Read on 2026-10-29.

Copy read on 2026-11-08 from the Internet Archive's copy of 2026-10-29, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from

sha256 44de719addca2cb74cc10610d3621963bbf75cfba2e86820f2ec7ff768b14d45

Contents: 115 provisions
  1. 41:1 Repealed by 1979, 410:2, III, eff. July 1, 1979.
  2. 41:2 Optional Officers.
  3. 41:2-a Repealed by 1993, 68:5, I, eff. June 22, 1993.
  4. 41:2-b Three-Year Term; Tax Collector.
  5. 41:2-c Grant of Power.
  6. 41:2-d Petition and Ballot.
  7. 41:2-e Public Hearing.
  8. 41:2-f Revocation.
  9. 41:2-g Duties and Compensation.
  10. 41:2-h Warrants.
  11. 41:2-i Effective Date of Authority.
  12. 41:3 Tenure.
  13. 41:3-a Repealed by 1979, 410:2, IV, eff. July 1, 1979.
  14. 41:4 Repealed by 1979, 410:2, V, eff. July 1, 1979.
  15. 41:5 Exemption From Service.
  16. 41:6 Surety Bond Required.
  17. 41:7 Bond of Constable.
  18. 41:8 Election and Duties.
  19. 41:8-a Repealed by 1990, 192:3, eff. June 26, 1990.
  20. 41:8-b Petition and Ballot.
  21. 41:8-c Public Hearing.
  22. 41:8-d Revocation.
  23. 41:8-e Effective Date and Manner of Increase or Decrease.
  24. 41:9 Financial Duties.
  25. 41:9-a Establishment of Fees.
  26. 41:9-b Employee Candidate Background Checks.
  27. 41:9-c Law Enforcement Candidate Background Checks.
  28. 41:10 Employment of Town Physician.
  29. 41:10-a Municipal Prosecutors.
  30. 41:11 Regulation of Use of Highways, Etc.
  31. 41:11-a Town Property.
  32. 41:11-b Enforcement of Regulations.
  33. 41:11-c Regulations; Businesses Obtaining Municipal Permits.
  34. 41:11-d Restricting the Watering of Lawns.
  35. 41:12 Removal of Collector, Clerk, or Treasurer.
  36. 41:13 Report.
  37. 41:14 Publication of Reports.
  38. 41:14-a Acquisition or Sale of Land, Buildings, or Both; Demolition or Disposal of Buildings.
  39. 41:14-b Adoption and Amendment of Town Codes and Ordinances.
  40. 41:14-c Adoption Procedure.
  41. 41:15 Property Tax Rates.
  42. 41:15-a Repealed by 1987, 285:6, I, eff. July 1, 1987.
  43. 41:15-b Repealed by 1987, 285:6, II, eff. July 1, 1987.
  44. 41:16 Election and Bond.
  45. 41:16-a Repealed by 1993, 68:5, III, eff. June 22, 1993.
  46. 41:16-b Three-Year Term; Town Clerk.
  47. 41:16-c Removal of Town Clerk.
  48. 41:17 Clerk Pro Tem.
  49. 41:18 Deputy Town Clerk.
  50. 41:19 Report to Commissioner of Revenue Administration.
  51. 41:20 Reports on Public Libraries.
  52. 41:21 Library Defined.
  53. 41:22 Reports for State Library.
  54. 41:23 Penalty for Failure to Make or Supply.
  55. 41:24 Copies of Records.
  56. 41:25 Fees.
  57. 41:26 Elected Town Treasurer.
  58. 41:26-a Repealed by 1993, 68:5, V, eff. June 22, 1993.
  59. 41:26-b Three-Year Term; Elected Town Treasurer.
  60. 41:26-c Repealed by 1979, 410:2, VI, eff. July 1, 1979.
  61. 41:26-d Removal of Elected Treasurer.
  62. 41:26-e Appointed Town Treasurer.
  63. 41:27 Other Appointment.
  64. 41:28 Repealed by 1979, 376:10, eff. Aug. 22, 1979.
  65. 41:29 Duties of Elected and Appointed Town Treasurers.
  66. 41:29-a Deputy Treasurer.
  67. 41:30 Town Notes.
  68. 41:31 Repealed by 2010, 262:9, eff. Sept. 4, 2010.
  69. 41:31-a Purpose.
  70. 41:31-b Choice; Election.
  71. 41:31-c Duties.
  72. 41:31-d Reports.
  73. 41:32 Repealed by 1979, 410:2, VII, eff. July 1, 1979.
  74. 41:32-a Election.
  75. 41:33 Compensation of Collectors.
  76. 41:34 Repealed by 1979, 376:12, eff. Aug. 22, 1979.
  77. 41:35 Duties of Collector.
  78. 41:36 Succession in Office.
  79. 41:37 Repealed by 1979, 410:2, VIII, eff. July 1, 1979.
  80. 41:38 Deputy; Temporary Incapacity of Tax Collector.
  81. 41:39 Supervision by Commissioner of Revenue Administration.
  82. 41:40 Removal of Tax Collector.
  83. 41:41 Unsettled Lists.
  84. 41:42 Repealed by 1983, 30:2, eff. July 11, 1983.
  85. 41:43 Repealed by 1979, 376:16, eff. Aug. 22, 1979.
  86. 41:44 Completing Distress.
  87. 41:45 Duration of Powers.
  88. 41:45-a Approval by Town.
  89. 41:45-b Requirements and Duties.
  90. 41:45-c Deputy; Temporary Incapacity of Town Clerk-Tax Collector.
  91. 41:46 Duties.
  92. 41:46-a Election of Supervisors of the Checklist.
  93. 41:47 Election.
  94. 41:48 Tenure of Office.
  95. 41:49 Day of Rest.
  96. 41:50 Application of Provision.
  97. 41:51 Repealed by 1979, 410:2, IX, eff. July 1, 1979.
  98. 41:52 Repealed by 1979, 410:2, X, eff. July 1, 1979.
  99. 41:53 Repealed by 1979, 410:2, XI, eff. July 1, 1979.
  100. 41:54 Repealed by 1979, 410:2, XII, eff. July 1, 1979.
  101. 41:55 Town Treasurer.
  102. 41:56 Powers of Selectmen During Vacancy.
  103. 41:57 Powers of Appointee.
  104. 41:57-a Term of Office.
  105. 41:58 Deposit With Clerk.
  106. 41:59 Care and Preservation.
  107. 41:60 Copying Records.
  108. 41:61 Inspection.
  109. 41:62 Books and Pamphlets.
  110. 41:63 Delivery by Clerk.
  111. 41:64 Old Records Copied by State.
  112. 41:65 Unrecorded Documents.
  113. 41:66 Copies Evidence.
  114. 41:67 Certification.
  115. 41:68 Unauthorized Destruction; Penalty.

Proposed changes to this act

No one has proposed a change to this act yet.

115 provisions

41:1 Repealed by 1979, 410:2, III, eff. July 1, 1979.

Repealed by 1979, 410:2, III, eff. July 1, 1979.

Propose a change

41:2 Optional Officers.

In addition to the officers which towns are hereinafter required to elect at the annual meeting, any town may choose one or more collectors of taxes, agents, overseers of public welfare, constables, police chiefs or other police officers, and every other officer who may be directed by law to be chosen, and such other officers as it may judge necessary for managing its affairs, who shall perform the duties prescribed by law. Constables, police chiefs or police officers shall be elected pursuant to the provisions of RSA 41:47. Source. RS 34:4, 5. CS 36:4, 7. GS 37:4, 7. GL 40:4, 12. 1879, 6:1. PS 43:25. PL 47:36. RL 59:41. RSA 41:2. 1957, 198:1. 1969, 450:2. 1995, 11:1, eff. June 11, 1995.

Propose a change

41:2-a Repealed by 1993, 68:5, I, eff. June 22, 1993.

Repealed by 1993, 68:5, I, eff. June 22, 1993.

Propose a change

41:2-b Three-Year Term; Tax Collector.

I. At any annual town meeting under an article in the warrant, the voters may vote to determine if they are in favor of having a 3-year term for a tax collector. The governing body shall determine whether the vote will be by official ballot or by special ballot. If the town has adopted an official ballot and the governing body decides such vote will be by official ballot, the clerk shall cause the following question to be printed on said ballot: "Are you in favor of changing the term of the tax collector from one year to 3 years, beginning with the term of the tax collector to be elected at next year's regular town meeting?" Said question shall be printed in the form prescribed by RSA 656:13. If the town has not adopted an official ballot or the governing body decides such vote will be by special ballot, the clerk shall cause the same question to be printed upon special ballots which shall be used to determine the vote of the town. If a majority of those voting on the question vote in favor of a 3-year term, at the next annual meeting after the vote of approval, the town shall elect a tax collector for the 3-year term. II. After a 3-year term for tax collector has been established, at any subsequent annual town meeting, under an article in the warrant, the voters may vote to determine if they are in favor of continuing to have a 3-year term for the tax collector. The governing body shall determine whether the vote shall be by official ballot or by special ballot. If the town has adopted an official ballot and the governing body decides such vote will be by official ballot, the clerk shall cause the following question to be printed on said ballot: "Are you in favor of changing the term of the tax collector from 3 years to one year, beginning at the end of the 3-year term of the tax collector elected this year (last year or 2 years ago)?" Said question shall be printed in the form prescribed by RSA 656:13. If the town has not adopted an official ballot or the governing body decides such vote will be by special ballot, the clerk shall cause the same question to be printed upon special ballots which shall be used during the open, business session of the town meeting to determine the vote of the town. If a majority of those voting on the question do not vote in favor of continuing the 3-year term, then at the subsequent annual town meeting occurring at the completion of the most recently elected tax collector's 3-year term, the voters shall elect a tax collector for a one-year term as provided by RSA 41:2. III. [Repealed.] Source. 1969, 257:1. 1993, 68:1, 5, II, eff. June 22, 1993.

Propose a change

41:2-c Grant of Power.

Any town may, at any annual meeting under an article in the warrant for the meeting, elect a board of assessors of 3 members, by a majority vote of the legal voters present and voting at the meeting. Source. 1971, 375:1. 1973, 135:1, eff. July 13, 1973.

Propose a change

41:2-d Petition and Ballot.

Upon written petition of not less than 2 percent of the legal voters of any town, addressed and delivered to the selectmen not later than 35 days before any annual meeting, the following question, as requested in the application, shall be submitted to the voters at the meeting: "Are you in favor of a 3-man board of assessors to be the legal assessing authority for the town?" In towns having an official ballot the question shall appear upon the ballot, in accordance with RSA 59:12-a. In towns where no official ballot is used, the vote on this question shall be by special ballot. After the question, squares with the words "yes" and "no" shall be printed on the ballot in which the voter may mark his choice, in accordance with RSA 59:12-a. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:2-e Public Hearing.

Whenever the selectmen of a town shall receive a petition under the provisions of RSA 41:2-d, they shall post notice of a public hearing to be held in said town, and printed in a newspaper of general circulation within said town, for a discussion of the proposed change in town assessing authority. Said hearing shall be held at least 15 days prior to town meeting. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:2-f Revocation.

A town which has voted to adopt the provisions of this chapter may rescind its action in the same manner, and the provisions of RSA 41:2-d of this chapter so far as applicable apply. The question "Are you in favor of eliminating the board of assessors as elected officers?" shall be printed on the ballot, in accordance with RSA 59:12-a. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:2-g Duties and Compensation.

The assessors, however elected, shall constitute a Board of Assessors for the town, who shall perform all the duties relative to taking the inventory and the appraisal of property for taxation, and in regard to the assessment and abatement of taxes and issuing warrants for the collection of the same, as are now or may hereafter be required by law of selectmen and assessors of towns and shall have all the powers and be subject to the same liabilities, in regard to those duties, which selectmen and assessors in towns or assessors in cities now or hereafter may have, or be subject to, in regard to the same. A majority of the assessors shall be competent in all cases. The voters of the town, at the annual meeting, may determine the rate or amount of compensation to be allowed the assessors for their services. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:2-h Warrants.

The selectmen shall forthwith deliver to the chairman of the elected board of assessors, all warrants for the assessment of state and county taxes which may be addressed to them, and all certified copies of the votes of school districts for raising district taxes which may be delivered to them; and the same shall be sufficient authority for the assessors to assess and direct the town tax collector to collect such taxes. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:2-i Effective Date of Authority.

If a town votes to adopt the provisions of this subdivision, the change shall not take effect until the first annual town meeting following the meeting upon which the questions were acted upon. At the next annual meeting following the meeting where action was taken, the town shall elect one member for a one-year term, one member for a 2-year term and one member for a 3-year term. At each succeeding annual meeting, members shall be elected to fill the vacancies regularly occurring. Source. 1971, 375:1, eff. Aug. 27, 1971.

Propose a change

41:3 Tenure.

All town officers shall continue in office until the next annual meeting and until others shall be chosen or appointed and qualified in their stead, except in cases where the law otherwise directs. If a board of officers is balloted for and one or more of them are chosen the term of office of all the members of the preceding board shall cease when those who are chosen upon such balloting have qualified, as required by law. Source. RS 34:6. CS 36:8. GS 37:9. GL 40:14. PS 43:36. PL 47:39. RL 59:45.

Propose a change

41:3-a Repealed by 1979, 410:2, IV, eff. July 1, 1979.

Repealed by 1979, 410:2, IV, eff. July 1, 1979.

Propose a change

41:4 Repealed by 1979, 410:2, V, eff. July 1, 1979.

Repealed by 1979, 410:2, V, eff. July 1, 1979.

Propose a change

41:5 Exemption From Service.

No person shall be obliged to serve in any town office two terms successively; nor shall a person be compelled to serve as collector of taxes in any case. Source. RS 35:9. CS 37:9. GS 38:9. GL 41:9. PS 43:35. PL 47:38. RL 59:44.

Propose a change

41:6 Surety Bond Required.

I. Town treasurers, trustees as provided in RSA 31:22 and 23, trustees as provided in RSA 53-B:8-a, I, library trustees including alternate library trustees, if any, town clerks, tax collectors and their deputies, agents authorized to collect the boat fee, and persons delegated treasury functions under RSA 41:29, VI shall be bonded by position under a blanket bond from a surety company authorized to do business in this state. The bond shall indemnify against losses through: (a) The failure of the officers covered to faithfully perform their duties or to account properly for all moneys or property received by virtue of their positions; or (b) Fraudulent or dishonest acts committed by the covered officers. II. A blanket bond may exclude the town treasurer if a separate fidelity bond for the faithful performance of his duties is furnished by the surety writing the blanket bond. III. Premiums shall be paid by the town. IV. The required bonds shall provide for at least a 2-year discovery period from the date their coverage terminates. V. The commissioner of revenue administration shall adopt rules under RSA 541-A, concerning the amount and form of the surety bonds required under this section. Source. 1931, 111:1. RL 59:42. 1945, 7:1. RSA 41:6. 1969, 135:1. 1973, 544:8. 1975, 68:1. 1979, 376:7. 1981, 323:8. 1983, 264:6. 1988, 198:9. 1994, 367:16. 2000, 9:1. 2007, 246:1, eff. Aug. 27, 2007.

Propose a change

41:7 Bond of Constable.

Every constable shall, within 6 days after his election or appointment, give bond, with sufficient sureties to the acceptance of the town or selectmen, for the faithful performance of the duties of his office, in form like that of county officers, and in default thereof the office shall become vacant. Source. RS 36:4. CS 38:4. GS 39:4. GL 42:4. PS 43:27. PL 47:29. 1939, 30:1. RL 59:29.

Propose a change

41:8 Election and Duties.

Every town, at the annual meeting, shall choose, by ballot, one selectman to hold office for 3 years. The selectmen shall manage the prudential affairs of the town and perform the duties by law prescribed. A majority of the selectmen shall be competent in all cases. Source. RS 34:2. CS 36:2. GS 37:2. GL 40:2. PS 43:5. 1921, 9:1; 17:1. PL 47:12. RL 59:11.

Propose a change

41:8-a Repealed by 1990, 192:3, eff. June 26, 1990.

Repealed by 1990, 192:3, eff. June 26, 1990.

Propose a change

41:8-b Petition and Ballot.

Upon written application of 25 or more registered voters or 2 percent of the registered voters in town, whichever is less, although in no event shall fewer than 10 registered voters be sufficient, presented to the selectmen or one of them not later than the fifth Tuesday before any annual meeting, the following question, as requested in the application, shall be submitted to the voters at the meeting: "Are you in favor of increasing the board of selectmen to 5 members?" In towns having an official ballot the question shall appear upon the ballot, pursuant to RSA 656:13. In towns where no official ballot is used, the vote on this question shall be by special ballot. After the question, squares with the words "yes" and "no" shall be printed on the ballot in which the voter may mark his or her choice, pursuant to RSA 656:13. Source. 1967, 325:1. 1979, 410:7. 1987, 299:2. 2010, 262:7, eff. Sept. 4, 2010.

Propose a change

41:8-c Public Hearing.

When a petition is submitted under RSA 41:8-b or RSA 41:8-d, the selectmen shall within 10 days designate a place and a time for a public hearing thereon. Said hearing shall be held not later than the Thursday before the annual meeting to discuss the proposed change in the size of the board of selectmen. Source. 1967, 325:1. 1983, 180:1. 1987, 299:2, eff. July 24, 1987.

Propose a change

41:8-d Revocation.

A town which has voted to enlarge its board of selectmen may rescind its action in the manner described in RSA 41:8-b, except that the question shall read: "Are you in favor of decreasing the board of selectmen to 3 members?" Source. 1967, 325:1. 1979, 410:8. 1983, 180:2. 1990, 192:2, eff. June 26, 1990.

Propose a change

41:8-e Effective Date and Manner of Increase or Decrease.

If a town votes to enlarge or to decrease its board of selectmen the change does not take effect in either case until the first annual meeting following the meeting at which the questions were acted upon. If the town votes to enlarge the board to 5 members, at the first annual meeting following the meeting when the action was taken the town shall elect 2 members for a 3-year term and one member for a one-year term. At the next succeeding annual meeting 2 members shall be elected for a 3-year term, at the next following annual meeting one member shall be elected for a 3-year term, and at succeeding annual meetings members shall be elected to fill the vacancies regularly occurring. If a town votes to decrease its board to 3 members, at the annual meeting following the meeting at which it so voted, the terms of office of all members of the board of selectmen shall end and the town shall elect 3 members of the board of selectmen, one for one year, one for 2 years, one for 3 years and at all succeeding annual meetings shall elect a member to the board for a 3-year term. Source. 1967, 325:1, eff. Sept. 1, 1967.

Propose a change

41:9 Financial Duties.

I. The selectmen shall pay all sums of money received by them in behalf of the town to the town treasurer immediately after receipt, and state to him from whom and for what received. II. They shall draw orders upon the treasurer for the payment of all accounts and claims against the town allowed by them, and take proper vouchers therefor. III. They shall keep a fair and correct account of all moneys received, all accounts and claims settled and all orders drawn by them, and of all their other financial transactions in behalf of the town. IV. They shall publish in the next annual report, or post at the annual meeting, the general fund balance sheet from the most recently completed audited financial statements or from the financial report filed pursuant to RSA 21-J:34, V. V. In the case of an accumulated general fund deficit, the selectmen shall insert an article in the warrant recommending such action as they deem appropriate, which may include, but is not limited to, raising a sum of money for the purpose of reducing that deficit. VI. The selectmen shall be responsible for establishing and maintaining appropriate internal control procedures to ensure the safeguarding of all town assets and properties. VII. The selectmen shall annually review and adopt an investment policy for the investment of public funds in conformance with applicable statutes and shall advise the treasurer of such policies. VIII. The selectmen shall be responsible for establishing procedures to ensure that all funds paid to the town from any department shall be remitted to the treasurer at least on a weekly basis or daily whenever such funds total $500 or more. Remittances to the treasurer from the tax collector shall be in accordance with RSA 41:35 and remittances from the town clerk shall be in accordance with RSA 261:165. Source. 1869, 26:3. 1874, 85:1. GL 40:9. PS 43:7. PL 47:14. RL 59:13. RSA 41:9. 1993, 181:1. 1994, 147:2. 2007, 246:2, eff. Aug. 27, 2007.

Propose a change

41:9-a Establishment of Fees.

I. A town may, by majority vote at any annual or special meeting, authorize the board of selectmen to establish or amend fees, as provided in this section. Such a vote shall continue in effect until rescinded. II. Following such vote, the board of selectmen, without further vote of the town, may establish or amend fees or charges for the following purposes: (a) The issuance of any license or permit which is part of a regulatory program which has been established by vote of the town. (b) The use or occupancy of any public revenue-producing facility, as defined in RSA 33-B:1, VI, the establishment of which has been authorized by vote of the town. III. Such fees or charges shall not exceed, in the case of licenses or permits, an amount reasonably calculated to cover the town's regulatory, administrative and enforcement costs. IV. Prior to the establishment or amendment of any such fees, the selectmen shall hold a public hearing, notice for which shall be given at least 7 days prior to the hearing by posting in 2 public places in the town and by publication in a newspaper of general circulation in the town. The notice shall include the proposed schedule of fees. V. This section shall not be deemed to prohibit a town from delegating authority over specific fees to another official or official body of the town. This section shall not supersede other provisions of law concerning the establishment or amount of specific types of fees. Source. 1989, 38:1, eff. June 11, 1989.

Propose a change

41:9-b Employee Candidate Background Checks.

I. The governing body of a town, or a town manager in a town which has adopted the provisions of RSA 37, may require a background investigation and a criminal history records check on any candidate for employment in a position in the town that requires the employee to work with or around children or elderly persons, enter the homes of citizens, or collect or manage money, prior to a final offer of employment. A town may request only a state records check or both a federal and state records check, to be conducted through the division of state police. The town may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check. II. A candidate for employment in a position which the governing body or town manager determines requires a background investigation and a criminal history records check shall submit to the town a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the municipality, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the town may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years. III. To obtain a state records check only, the town shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the town shall submit the criminal history records release form and applicant finger print card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the town governing body or town manager. The town may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The town shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph. IV. The governing body may require the candidate to pay the actual costs of the background investigation and the criminal history records check. V. In this section, "candidate for employment" shall include candidates for volunteer positions in the municipality. Source. 2008, 59:1. 2009, 99:1, 2, eff. June 12, 2009. 2018, 318:5, eff. Aug. 24, 2018. 2024, 366:6, eff. June 30, 2025.

Propose a change

41:9-c Law Enforcement Candidate Background Checks.

I. In order to perform a background investigation for a candidate to be employed as a peace officer or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a current or former employee or applicant, upon request of a law enforcement agency, if all of the following conditions are met: (a) The request is made in writing; (b) The request is accompanied by a notarized authorization by the candidate releasing the employer of liability; and (c) The request and the authorization are presented to the employer by a sworn officer or other authorized representative of the employing law enforcement agency. II. In the absence of fraud or malice, an employer shall not be subject to any civil liability for any relevant cause of action by virtue of releasing employment information required pursuant to this section. This section shall not in any way or manner abrogate or lessen the existing privileges and immunities of an employer. III. For purposes of this section, "employment information" means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire, and other information relevant to the performance of a peace officer or other law enforcement agency applicant, except information prohibited from disclosure by any other state or federal law or regulation. IV. An employer's refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer. V. Employment information disclosed by an employer to an initial requesting law enforcement agency shall be deemed confidential. However, the initial requesting law enforcement agency may disclose this information to another authorized law enforcement agency that is also conducting a background investigation into a peace officer or other law enforcement agency applicant. If this information is disclosed to another law enforcement agency, that agency shall utilize the information for investigative leads only and the information shall be independently verified by that agency in order to be used in determining the suitability of a peace officer or other law enforcement agency applicant. VI. An employer may charge reasonable fees to cover actual costs incurred in copying and furnishing documents to law enforcement agencies as required by this section. Source. 2021, 226:1, eff. Nov. 23, 2021.

Propose a change

41:10 Employment of Town Physician.

The selectmen of towns making appropriations for the support of a resident physician shall constitute a board for the purpose of employing and dismissing him. Source. 1931, 90:1. RL 59:14.

Propose a change

41:10-a Municipal Prosecutors.

The selectmen of towns or the appropriate appointing authorities are hereby authorized to appoint and compensate one or more qualified members of the New Hampshire bar to serve as municipal prosecutors to represent the state, in place of police officers, in cases involving civil causes, violations and misdemeanors within the jurisdiction of the municipal or district courts except as provided in RSA 502-A:20-a and RSA 502:26-c. Said municipal prosecutors shall serve at the pleasure of the appointing authority. Two or more municipalities may engage the services of a single municipal prosecutor as provided in RSA 53-A. Nothing in this section shall be construed to prohibit the state police from prosecuting any violation or misdemeanor in any district or municipal court in this state. Source. 1977, 374:1. 1989, 257:1, eff. July 25, 1989.

Propose a change

41:11 Regulation of Use of Highways, Etc.

Unless regulated by the commissioner of the department of transportation as provided in RSA 236:1, the selectmen may regulate the use of all public highways, sidewalks, and commons in their respective towns and for this purpose may exercise all the powers conferred on city councils by RSA 47:17, VII, VIII, and XVIII, and by any other provisions of the laws upon the subject. Source. 1885, 44:1. PS 43:9. 1915, 98:2. PL 47:15. 1927, 83:1. 1933, 119:1. 1935, 117:3. RL 59:15. 1945, 188:3. RSA 41:11. 1993, 183:2, eff. Aug. 8, 1993.

Propose a change

41:11-a Town Property.

I. The select board shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, and RSA 202-A:6. II. The authority under paragraph I shall include the power to rent or lease such property during periods not needed for public use, subject to the following provisions: (a) If the proposed lease is for one year or less, then the selectmen may lease the property without further action by the legislative body; (b) If the proposed lease is for more than one year, then the legislative body shall vote to authorize the selectmen to enter into the proposed lease for a specific municipal property up to 99 years by majority vote. This vote to authorize a proposed lease of a specific municipal property, when the lease is for up to 5 years, is not required when the selectmen have been provided the universal lease authorization by the legislative body pursuant to paragraph III. III. Notwithstanding paragraph II, the legislative body may vote to grant the select board the authority to rent or lease any municipal property for a term of up to 5 years. Once adopted, this authority shall remain in effect until specifically rescinded by the legislative body at any duly warned meeting, however, such rescission shall not terminate any existing leases. IV. The governing body may choose to send to the planning board a list of real property owned by the town and managed by the select board that is in their judgment appropriate for development for residential use. No property acquired under tax deed pursuant to RSA 80 shall be added to this list. Source. 1994, 17:1. 2009, 121:1, eff. Aug. 21, 2009. 2025, 127:1, eff. Aug. 23, 2025; 141:209, eff. June 30, 2025.

Propose a change

41:11-b Enforcement of Regulations.

Any person who violates a regulation established under RSA 41:11 or 41:11-a, and for which no penalty is otherwise provided under title XXI pertaining to motor vehicles, shall be guilty of a violation. Source. 2001, 274:3, eff. Jan. 1, 2002.

Propose a change

41:11-c Regulations; Businesses Obtaining Municipal Permits.

The selectmen may establish regulations relative to businesses obtaining municipal permits. Any person who violates a regulation established under this section shall be guilty of a violation. Source. 2006, 202:2, eff. July 30, 2006.

Propose a change

41:11-d Restricting the Watering of Lawns.

I. The local governing body may establish regulations restricting the use of water from private wells or public water systems for outdoor lawn watering when administrative agencies of the state or federal government have designated the region as being under a declared state or condition of drought. The grass playing turf of a recreational field, the grass playing surfaces of a golf course, and grass agricultural fields, including fields used for the production of sod, may be excluded from any restrictions pursuant to this paragraph. Nothing in this paragraph shall limit any public water system's authority to require a reduction in demand or implementation of conservation measures in accordance with rules of the department of environmental services. II. The local governing body shall give notice prior to the implementation of the regulations in paragraph I. Notice shall be given at least 3 calendar days before the regulations are implemented. The notice required under this section shall not include the day notice is posted. Notice of the regulations shall be published in a paper of general circulation in the municipality and shall be posted in at least 2 public places. III. The full text of the proposed regulations need not be included in the notice if an adequate statement describing the proposal and designating the place where the proposal is on file for public inspection is stated in the notice. Source. 2007, 218:1, eff. Aug. 24, 2007. 2019, 213:1, eff. Sept. 10, 2019.

Propose a change

41:12 Removal of Collector, Clerk, or Treasurer.

The selectmen may remove from office any collector of taxes, town clerk, or any treasurer, who, in their judgment, has become insane or otherwise incapacitated to discharge the duties of the office. They may proceed without notice in any case arising under this section. Source. 1866, 4223:2. GS 39:9. 1868, 1:10. GL 42:9. PS 43:10. PL 47:16. RL 59:16. RSA 41:12. 1971, 512:6. 1979, 376:8, eff. Aug. 22, 1979.

Propose a change

41:13 Report.

At the close of each fiscal year the selectmen shall make a report to the town, giving a particular account of all their financial transactions during the year, and of the financial condition of the town at the close of the year, including a schedule of all its assets and liabilities. Source. 1869, 26:4. GL 40:10. PS 43:11. PL 47:17. RL 59:17.

Propose a change

41:14 Publication of Reports.

The selectmen shall cause their report, and those of other town officers required by law to make reports, to be published in pamphlet form at the expense of the town and make the same available to the voters of said town at least 7 days prior to the date of the annual meeting. Source. PS 43:12. 1901, 26:2. PL 47:18. RL 59:18. 1947, 99:1, eff. Dec. 31, 1947.

Propose a change

41:14-a Acquisition or Sale of Land, Buildings, or Both; Demolition or Disposal of Buildings.

I. If adopted in accordance with RSA 41:14-c, the select board shall have the authority to acquire or sell land, buildings, or both, and to demolish or otherwise dispose of buildings, provided, however, they shall first submit any such proposed acquisition, sale, demolition, or disposal to the planning board, the conservation commission, the heritage commission, and the historic district commission if the building lies within a defined district for review and recommendation by those bodies, where such board or commissions exist. After the select board receives the recommendation of the planning board, the conservation commission, the heritage commission, and the historic district commission if the building lies within a defined district, where such board or commissions exist, they shall hold 2 public hearings at least 10 but not more than 14 days apart on the proposed acquisition, sale, demolition, or disposal; provided, however, upon the written petition of 50 registered voters presented to the select board, prior to the select board's vote, according to the provisions of RSA 39:3, the proposed acquisition, sale, demolition, or disposal shall be inserted as an article in the warrant for the town meeting. The select board's vote shall take place no sooner than 7 days nor later than 14 days after the second public hearing which is held. II. The provisions of this section shall not apply to the sale of and the selectmen shall have no authority to sell: (a) Town-owned conservation land which is managed and controlled by the conservation commission under the provisions of RSA 36-A. (b) Any part of a town forest established under RSA 31:110 and managed under RSA 31:112. (c) Any real estate that has been given, devised, or bequeathed to the town for charitable or community purposes except as provided in RSA 498:4-a or RSA 547:3-d. III. The provisions of this section shall not apply to the demolition or disposal of, and the select board shall have no authority to demolish or dispose of, any real estate that has been given, devised, or bequeathed to the town for charitable or community purposes except as provided in RSA 498:4-a or RSA 547:3-d. Source. 1994, 197:3. 1997, 38:1. 2001, 187:2. 2005, 80:1. 2007, 221:2. 2008, 109:1, eff. July 27, 2008. 2021, 184:1-3, eff. Oct. 9, 2021.

Propose a change

41:14-b Adoption and Amendment of Town Codes and Ordinances.

If adopted in accordance with RSA 41:14-c, in towns with 10,000 or more inhabitants, the selectmen shall have the authority to establish, and amend town ordinances and codes after they hold 2 public hearings at least 10 but not more than 21 days apart on the establishment or amendment of the ordinance or code; provided, however, upon the written petition of 50 registered voters presented to the selectmen prior to the selectmen's vote, according to the provisions of RSA 39:3, the proposed establishment of or amendment to the town ordinance or code shall be inserted as an article in the warrant for the town meeting. The selectmen's vote shall take place no sooner than 10 days nor later than 21 days after the second public hearing is held. The provisions of this section shall not apply to the establishment and amendment of a zoning ordinance, historic district ordinance, or building code under the provisions of RSA 675. Source. 1994, 197:3, eff. July 23, 1994. 2013, 70:1, eff. Aug. 5, 2013.

Propose a change

41:14-c Adoption Procedure.

I. Towns may adopt the provisions of RSA 41:14-a at any duly warned meeting. Once adopted, these provisions shall remain in effect until specifically rescinded by the town at any duly warned meeting. II. Towns with 10,000 or more inhabitants may adopt the provisions of RSA 41:14-b at any duly warned meeting. Once adopted, these provisions shall remain in effect until specifically rescinded by the town at any duly warned meeting. Source. 1994, 197:3. 2001, 187:3, eff. Sept. 3, 2001.

Propose a change

← Find another law