Article 10: General Provisions

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.

Sec. 10.2.      Term commencement; notice of election or appointment.

Unless otherwise set forth in this Charter, all elected officials in the town shall take or continue in office on the first Monday in March following their election and shall hold office until their successors are elected and qualified. If, however, a timely request for a recount is made, the candidate affected shall not take office until such time as the recount is completed. (Sec. 10.2A was deleted in its entirety by Article 15 on the March 10, 1998 Town Election ballot. The paragraph above; formerly 10.2B, was amended by Article 16 on the March 10, 1998 Town Election ballot).

Sec. 10.3.      Vacancies.

In addition to other provisions of this Charter, a vacancy shall be deemed to exist in any department, office or board whenever an officer, member or employee dies, resigns, is removed for just cause, is permanently physically or mentally incapacitated to the degree that he is unable to perform his duties, is judicially declared to be mentally incompetent or, for board members where residence in the town is required, he moves from the town. Unless otherwise provided in this Charter, vacancies occurring under this section shall be declared to exist by the Council for board members, the Administrator for department heads and by the department heads for departmental personnel.

Sec. 10.4.      Public records and meetings.

All records of the town and all meetings of the Council, boards, committees, commissions, authorities or other municipal bodies shall be open to the public, and their minutes and other records shall be available to the public in accordance with the provisions of the Right-to-Know Law, as amended.

Sec. 10.5.      Agreements with other municipalities.

The Council is authorized, as provided by New Hampshire law, to enter into agreements and regional compacts with neighboring cities and towns, state agencies or private nonprofit corporations for the purpose of resolving their common problems for the mutual advantage and benefit of the town and its neighboring cities and towns.

Sec. 10.6.      Specific provisions to prevail.

To the extent that any specific provision contained in this Charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

Sec. 10.7.      Severability.

The sections of this Charter and the parts hereof are separable. If any portion or section of this Charter or the application thereof to any person or circumstance shall be held invalid by a court of competent jurisdiction, the remainder of the Charter shall not be affected thereby. If a clause, portion of or section of this Charter is so held invalid, then the applicable provisions of State law, if any, shall govern.

Sec. 10.8.         Authentication of Charter; copies to be kept on file.

Upon adoption, the Official Charter, duly authenticated by affixing the signatures of all members of the Charter Commission and the Board of Selectmen and the Town Clerk and affixing the Town Seal, shall be filed with the Town Clerk and remain in the Town Clerk's office as the Official Charter of the Town of Durham. At its first meeting, the Town Council shall affirm the validity of the Town Charter. All amendments to this Charter shall be authenticated by the Town Council and be filed with and remain a part of the Official Charter. The Town Clerk shall be responsible for the proper maintenance of the Charter, under the direction of the legal officer. Copies of the Charter shall be available to the public, and the Town Clerk may charge a fee to defray the printing costs.

Sec. 10.9.         Charter amendments.

Amendments to this Charter may be initiated either by the Council or by initiative petition, public hearing and voter election pursuant to New Hampshire RSA 49-B:5.

Sec. 10.10.       Violations and penalties.

All willful violations of provisions of this Charter, unless otherwise provided, are hereby declared to be grounds for removal of office.  (Sec. 10.10  amended by Article 11 on the March 10, 2020 Town Election ballot)

Sec. 10.11.       Rules and Regulations.

A copy of all rules and regulations adopted by any town agency, board, commission or individual shall be filed in the office of the Town Clerk and made available for review by any person who requests such information.

Sec. 10.12.       Reorganization Plans.

Except for those agencies established by this Charter or as otherwise prohibited by state law, the Council may reorganize, consolidate or abolish any existing town agency in whole or in part, establish new town agencies and prescribe the functions of any town agencies, provided that such action shall not eliminate the statutory duties of town officials.

Sec. 10.13.       Proposed Reorganization Plans by the Administrator.

The Administrator may prepare and submit to the Council for its approval proposed reorganization plans which may, subject to applicable law and this Charter, reorganize, consolidate or abolish any town agency in whole or in part or establish new town agencies as he deems necessary or expedient. Such reorganization plans shall be accompanied by explanatory messages when submitted.

Sec. 10.14.       Indemnification of Town Officers, Board Members, and employees.

The town shall undertake to indemnify and save harmless all its officers, officials, volunteers, boards, commissions and employees from personal loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of negligent acts or omissions if the indemnified person was acting in the scope of his office or employment and in good faith in accord with the provisions of state law.

Sec. 10.15.       Prohibition.

A.  No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any town position or appointed town administrative office because of age, race, sex, sexual orientation, gender identity, political or religious opinions or affiliations. (Sec. 10.15 (A) amended by Article 12on the March 10, 2020 Town Election ballot)

B.  No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment.

C.  No person who seeks appointment or promotion with respect to any town position or appointed town administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.

D.  No person who runs for town office shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated appointed town position.

Sec. 10.16.    Procedures.

A.  Meetings. All properly constituted authorities, boards, commissions, committees or other municipal bodies (hereafter called "committees") of the town, whether elected or appointed or otherwise constituted, shall meet regularly at such times and public places within the town as they may prescribe. Except in emergencies, special meetings of these committees shall be held on the call of the respective Chairman or by one-third (1/3) of the members thereof by written notice delivered to the residence or place of business of each member at least forty-eight (48) hours in advance of the time set. A copy of said notice shall also be posted on the town bulletin board(s). Except in cases of emergency otherwise authorized by the general laws, all meetings of these committees shall be open and public; however, these committees may meet in a closed or executive session as permitted by the Right-to-Know Law.

B.  Committee organization. Each committee shall determine its own rules and order of business, unless otherwise provided by the Charter or by law. The agenda and minutes shall be kept as required by the Right-to-Know Law. A Chairman and Secretary shall be elected annually in accord with the committee's rules of procedure.

C.  Quorum. A majority of the members of a committee shall constitute a quorum, but a smaller number may adjourn from time to time until a quorum is achieved. No other action taken by a number of members smaller than the quorum shall be valid or binding.

D.  Council. The provisions of this 10.16 shall not apply to the Council to the extent that they are inconsistent with other provisions of this Charter.

Sec. 10.17.   Land Use Ordinances.

All land use regulations and ordinances must be adopted pursuant to state law.

Sec. 10.18.    Municipal Budget Law Repealed.

By adoption of this Charter, the voters and the Town of Durham expressly repeal and rescind the previous adoption of the provisions of the Municipal Budget Act.

Sec. 10.19     Gender specific terms

Gender specific terms, including without limitation, chairman, he, him, and his, shall be construed to be gender neutral for all purposes.  (Sec. 10.19 was added to the Charter by Article 13 on the March 10, 2020 Town Election ballot).