The inhabitants of the Town of Durham shall continue to be a body politic and corporate under the name of the "Town of Durham" and as such to enjoy all the rights, immunities, powers and privileges and be subject to all the duties and liabilities now appertaining to or incumbent upon them as a municipal corporation. All existing property of the town shall remain vested in it, and all its existing debts and obligations shall remain obligatory upon it under this Charter.
The administration of the fiscal, prudential, municipal and other affairs of the town, with the governance thereof, shall be vested in a Town Council, shall be directed by a Town Administrator and shall consist of the various departments of the town as established by this Charter and from time to time by the Town Council. Except as expressly authorized by this Charter, no Councilor shall participate in the conduct of the administrative affairs of the town.
A. The powers of the municipality under this Charter are to be construed liberally in favor of the town, and the specific mention of particular powers is not intended to limit in any way the general powers of the municipality as stated in 1.1.
Subject only to express limitations in the provisions of the New Hampshire statutes, the town may exercise any of its powers or perform any of its functions under this Charter and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State of New Hampshire or any political subdivision or agency thereof or the United States of America or any agency thereof.
The Supervisors of the Checklist, the Moderator, and the Town Clerk shall constitute the Board of Election Officers. The Moderator shall be Chairman. The Town Clerk shall serve as the Clerk of the Board.
There shall be a Moderator of the town who shall have all the powers and duties granted to him by this Charter and state law. He shall be elected on an at-large basis to a term of two (2) years at the town election. Without limitation to the foregoing, for election purposes, the Moderator shall have the power to appoint all election officials except those which must be elected or otherwise appointed. The Moderator shall determine whether all ballots from all polling places are to be counted in one (1) or more locations. Vacancies in the office of Moderator shall be filled by appointment made by the Supervisors of the Checklist.
A. There shall be three (3) Supervisors of the Checklist who shall hold office for six (6) years (and until their successors are elected and qualified) on a staggered basis so that one (1) Supervisor is elected at each even-year town election. The Supervisors of the Checklist, in accordance with state laws governing such responsibilities, shall designate the days, hours and places for the registration of voters. (Sec. 2.3A amended by Article 2 on the March 8, 1994 Town Election ballot and by Article 3 on the March 10, 1998 Town Election ballot)
B. Vacancies in the Supervisors of the Checklist shall be filled pursuant to RSA 669:64. The person so appointed shall hold office until the vacancy for the unexpired term is filled at the next town election.
A. The election of officers, whose duty it is to conduct regular elections, shall use a nonpartisan official ballot system as detailed in the election laws of the State of New Hampshire, on the second Tuesday in March, to choose three (3) Councilors and such other officials as are specified in this Charter, each of whom shall be elected by the voters of the entire town. (Sec. 2.5A amended by Article 4 on the March 10, 1998 Town Election ballot)
B. At all town elections, the polls shall be open not less than ten (10) hours and may be open not earlier than 6:00 a.m. of the day of the election nor later than 8:00 a.m. of the day of the election, nor closed earlier than 7:00 p.m., as the Council shall determine at least thirty (30) days prior to the election.
The Town Clerk shall prepare separate ballots to be used at all local referenda and at elections at which town officers are chosen. The ballots shall contain in appropriate sections the names of all candidates, listed in alphabetical order, without party designation. Below the list of names of the candidates of each office, there shall be as many blank spaces as there are offices to be filled at the election. No titles, military, professional, or otherwise, shall accompany the name of any candidate on the ballot.
Persons as candidates for elected office or as representing or working for a candidate for office or promoting a petition, resolution, referendum or measure on the ballot may not solicit votes or display, exhibit or district any campaign materials within fifty (50) feet of the polling place building. The Moderator shall exercise his powers under state law relative to the conduct of elections, distribution of campaign materials and electioneering within the polling place.
A. Except as otherwise provided in this Charter, all of the powers of the town shall be vested in a Town Council (hereafter referred to as the "Council") of nine (9) Councilors. The Councilors shall be elected from the town at large for three-year terms of office. Terms will be staggered so that three (3) Councilors shall be elected at each town election.
B. All members shall take office on the first Monday in March following their election and shall hold office until their successors are duly elected and qualified. (Sec. 3.1B amended by Article 6 on the March 10, 1998 Town Election ballot)
The Councilors so chosen shall meet in their capacity as the Council on the first Monday of March next following their election for the purpose of taking their respective oaths of office, adopting rules and for the transaction of business required by law or ordinance to be transacted at such meeting. (Sec. 3.2 amended by Article 6 on the March 10, 1998 Town Election ballot)
The Council shall, by the affirmative vote of at least five (5) members, at its first regular meeting in March following each election, choose one (1) of its members Chairman for a term of one (1) year. The Council shall choose one (1) of its members Chairman Pro Tem, for a term of one (1) year, who shall act in the absence or disability of the Chairman. In the event of a vacancy occurring in the office of Chairman, the Council shall choose one (1) of its members Chairman at the next regular meeting, to serve for the unexpired term. The Chairman shall be the official head of the town for all ceremonial purposes; he shall preside at all meetings of the Council and may speak and vote at such meetings. (Sec. 3.3 amended by Article 7 on the March 10, 1998 Town Election ballot)
A. Only voters who at all times during their term of office are and remain residents of the town shall be eligible to hold the office of Councilor. To be eligible for election to the office of Councilor, a candidate must be of voting age and must have been a resident of the town for at least ninety (90) days immediately before the election. The Council is the sole judge of qualification for office. The Council shall declare a vacancy in the event that a member is convicted of committing a federal or state crime punishable by imprisonment for more than one (1) year. A majority of the Council may, after investigation and hearing, declare a vacancy if a member is convicted of significant violation of a town ordinance; has missed three (3) regularly scheduled meetings in sequence without leave of the Council; has missed one-third (1/3) of all meetings within a calendar year without leave of the Council; or has interfered with administration, falsified records, misapplied town funds or property or is guilty of public conduct the result of which would bring loss of respect for the Council or the Town of Durham.
B. No Councilor shall, during his term, be eligible to hold any other town position of remuneration. Notwithstanding the foregoing, a Councilor may be appointed to the position of Acting Town Administrator by a vote of at least seven (7) members of the Council for one (1) period not to exceed six (6) months. During this period, the Acting Administrator shall not act as a Town Councilor; however, his position shall not be considered vacant. He shall be paid the salary established for the acting position.
Councilors shall receive as compensation the sum of one thousand five hundred dollars ($1,500.) per year. The Chairman shall receive an additional five hundred dollars ($500.) per year. Councilors shall receive reimbursement for reasonable mileage and expenses incurred in the performance of town business outside the town limits of Durham according to rules of the Council.
C. Meetings. All meetings of the Council shall be public as required by the state's Right-to-Know Law (RSA 91-A). Regular meetings shall be held on such day or days of each month at such time as the Council shall by ordinance or resolution direct. Agendas shall be prepared and posted at least forty-eight (48) hours in advance of each regular meeting. Special meetings may be called by the Chairman. Special meetings also may be called at the written request of the Town Administrator or at least six (6) Councilors, and upon such request the Chairman of the Council shall call such special meeting. Written notice of said meeting shall be delivered to each Councilor at least twenty-four (24) hours prior to the call of the meeting. The method of delivery of notice for special meetings shall be by established Council rule. At any meeting, the affirmative vote of the majority of the full Council shall be necessary to adopt any appropriation order.
D. Rules of procedure. The Council shall establish rules for its proceedings not inconsistent with this Charter. Every matter coming before the Council for action shall be put to a vote, and all members shall vote "aye" or "nay" or abstain and give a reason for abstaining. The results of such voting shall be duly recorded. All votes shall be recorded by roll call except votes on procedural matters.
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