HB215: requiring the legislative body to approve the appointment of town managers and prohibiting town managers from hiring contractors to perform the duties of town managers.

HB 215 - AS INTRODUCED

2019 SESSION

19-0295

06/04

HOUSE BILL 215

AN ACT requiring the legislative body to approve the appointment of town managers and prohibiting town managers from hiring contractors to perform the duties of town managers.

SPONSORS: Rep. Marple, Merr. 24; Rep. Burt, Hills. 39; Rep. Howard, Belk. 8; Rep. Aldrich, Belk. 2; Rep. True, Rock. 4; Rep. Alexander Jr., Hills. 6

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires the appointment of town managers and administrators to be approved by the legislative body.

This bill also prohibits all elected and appointed officials from hiring independent contractors to perform their duties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0295

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT requiring the legislative body to approve the appointment of town managers and prohibiting town managers from hiring contractors to perform the duties of town managers.

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

1 Town Managers; Administrators; Appointment. Amend RSA 37:2 to read as follows:

37:2 Appointment of Manager or Administrator. The selectmen or council of towns adopting the provisions of this chapter, as herein provided, shall forthwith thereafter appoint a town manager or administrator, to be approved by the legislative body, who may or may not, when appointed, be a resident of the town or state.

2 New Sections; Hiring of Independent Contractors Prohibited. Amend RSA 37 by inserting after section 7 the following new sections:

37:7-a Subcontracting of Independent Contractors Prohibited. No municipality shall subcontract to any contractor the duties all elected and appointed officials are required to perform under existing statutes.

37:7-b Penalty. Any elected or appointed municipal official who avoids statutory duties and contracts them to a third party is ipso facto in violation of part II, article 84 of the New Hampshire constitution, subjecting the violator to the penalty of RSA 92:2.

3 Effective Date. This act shall take effect January 1, 2020.