RSA 41:26-d · Removal of Elected Treasurer

41:26-d Removal of Elected Treasurer. – The governing body may institute proceedings to remove the elected treasurer from office whenever, upon examination by the department of revenue administration, a certified public accountant, or a public accountant licensed by the state under RSA 309-B, the accounts are found to contain an irregularity or material error, or show evidence that the timely deposit of funds has not been made. For the purposes of this section, "irregularity" means an intentional misstatement of the financial statements or a theft of assets, and "material error" means a mistake or omission resulting from gross negligence which results in a material misstatement of the financial statements. The governing body may institute proceedings to remove the treasurer as follows:

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I.

The governing body shall notify the elected treasurer by certified mail with return receipt and the commissioner of the department of revenue administration of its intention to proceed under this section by providing a written explanation and justification for the removal, along with a copy of the audit findings.

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II.

(a) Within 20 days of receiving the notification provided in paragraph I, the elected treasurer shall respond to the alleged irregularities, material error, or failure to timely deposit funds. The response shall be submitted to the governing body and the commissioner of the department of revenue administration and shall include written comment on each audit finding.

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(b)

If the elected treasurer fails to respond at any step in the process under this section within the prescribed period of time, then the governing body shall be permitted to remove the elected treasurer from office as provided in paragraph V.

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III.

Within 20 days of receiving the elected treasurer's written response, the governing body shall provide written notification to the elected treasurer and commissioner of the department of revenue administration of its decision to proceed or not to proceed to remove the treasurer from office.

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IV.

Within 10 days of receiving the written notification in paragraph III, the elected treasurer may request a hearing before the governing body. If a hearing before the governing body is requested, it shall be:

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(a)

Conducted in accordance with RSA 91-A and RSA 43; and

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(b)

Held within 20 days of the date of the request.

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V.

After the elected treasurer's response and hearing, if any, and if the governing body determines that removal of the elected treasurer is justified, the governing body may remove the treasurer by written notice to the elected treasurer and the commissioner of revenue administration. Any vacancy created by such a removal shall be filled by appointment by the governing body as provided in RSA 669:69.

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VI.

The governing body's determination under paragraph V may be appealed de novo to the superior court in the county in which the municipality is located. Source. 1979, 327:1. 1993, 181:3. 2004, 184:4. 2007, 35:3, eff. July 13, 2007.

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