Town Charter

Article 01: Incorporation; Town Form of Government; Power

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Sec. 1.1.        Incorporation.

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.

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Article 02: Election Officials; Conduct of Elections

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Sec. 2.1.        Composition of Board of Election Officers.

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.

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Article 03: Town Council

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Sec. 3.1.     Membership; term of office.

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.

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Article 05: Finance

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Sec. 5.1.        Fiscal year.

The fiscal and budget year of the town shall begin on the first day of January and end on the 31st day of December, unless other dates shall be fixed by action of the Town Council.

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Article 06: Personnel Policies

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Sec. 6.1.        Appointments.

Appointments and promotions to all positions in the service of the town, other than those covered by an employee representative contract, shall be made solely on the basis of merit and only after consideration of the applicant's ability in accordance with procedures set forth in the Personnel Plan.

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Article 07: Conduct of Officials

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Sec. 7.1.        Conditions for holding office.

A.  Any person while in town office convicted of a Class A felony in New Hampshire or its equivalent under the law of any other state or federal law shall forfeit such office.

B.  No full-time or regular employee of the town shall be eligible to serve as a Councilor.

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Article 08: Citizen Concerns; Initiative Petition; Referendum; Recall

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Sec. 8.1.        Citizen concerns.

A.  Individual citizen concerns shall be directed to the Administrator to be relayed to the appropriate department(s) or individual(s) for consideration. Acknowledgment of the concern(s) may be made to the citizen directly or in writing.

B.  Any citizen wishing to appear before a regularly scheduled Council meeting may present a brief statement of concern to the Council in accord with the rules of the Council.

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Article 10: General Provisions

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Sec. 10.1.      Certificate of election and appointment.

Except as otherwise provided by law, before performing any act under this election or appointment, each person elected shall take and subscribe to an oath to qualify him to enter upon the duties of office. A record of the taking of such oath shall be made by the Town Clerk. Any oath required by this section may be administered by any officer authorized by law to administer oaths.

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