HB1257: relative to conflicts of interest of municipal officials.

HB 1257 – AS INTRODUCED

2006 SESSION

06-2063

06/10

HOUSE BILL 1257

AN ACT relative to conflicts of interest of municipal officials.

SPONSORS: Rep. Mirski, Graf 10

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires municipal officials not to participate in any matters in which they have a financial interest. Planning and zoning board members shall not participate in any matter in which they have prejudged the outcome.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2063

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to conflicts of interest of municipal officials.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Conflict of Interest. Amend RSA 31:39-a to read as follows:

31:39-a Conflict of Interest [Ordinances].

I. The legislative body of a town or city may adopt an ordinance defining and regulating conflicts of interest for local officers and employees, whether elected or appointed. Any such ordinance may include provisions requiring disclosure of financial interests for specified officers and employees, establishing incompatibility of office requirements stricter than those specified by state law or establishing conditions under which prohibited conflicts of interest shall require removal from office. Any such ordinance shall include provisions to exempt affected officers and employees who are in office or employed at the time the ordinance is adopted for a period not to exceed one year from the date of adoption. The superior court shall have jurisdiction over any removal proceedings instituted under an ordinance adopted under this section.

II. Notwithstanding the adoption or non-adoption of an ordinance under paragraph I, public employees and public officials shall avoid conflicts of interest. Public employees and public officials shall not participate in any matter in which they, or their spouse or dependents, have a private interest which may directly or indirectly affect or influence the performance of their duties.

III. Members of the planning and zoning boards shall not participate in any matter over which they have had personal and direct responsibility or in which they have prejudged the outcome.

2 Effective Date. This act shall take effect 60 days after its passage.