Article 03: Town Council

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.

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)

 Sec. 3.2.     Organization meeting.

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)

Sec. 3.3.     Selection of Chairman and Chairman Pro Tem.

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)

Sec. 3.4.     Qualifications of Councilors.

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.

Sec. 3.5.        Vacancies.

Vacancies occurring in the office of Councilor at any time shall be filled, until the next regular election, by the Council at its next regular meeting, by affirmative vote.

Sec. 3.6.        Salaries and compensation.

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.

Sec. 3.7.        Exercise of powers; meetings; rules of procedure.

A.  Exercise of powers. Except as otherwise prohibited by law or this Charter, the powers of the Council may be exercised in a manner determined by it.

B.  A quorum of the Council for the transaction of any business shall be two-thirds (2/3) of the members currently in office. However, a smaller number may adjourn the meeting to another time or date.

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.

Sec. 3.8.        Ordinances.

A.  An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the Town Clerk shall distribute a copy to each Councilor and to the Town Administrator, shall file a reasonable number of copies in the office of the Town Clerk and shall post a copy in such other public places as the Council may designate.

B.  Every proposed ordinance, except land use ordinances, of the Council shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one (1) subject, which shall be clearly expressed in its title. Each ordinance shall be identified by a number and a short title. The enacting clause shall be "The Town of Durham ordains...." Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance, sections or subsections to be repealed or amended and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

C.  After passage of the ordinance's first reading, it shall be published at least once, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall precede the date of said hearing by at least five (5) days. "Publication," for purposes of this section, shall mean the publication of a notice in any newspaper distributed in the Town of Durham, stating the number and title of the ordinance and either the text of the ordinance in full or, if the full text is not published, then a brief explanation of the purpose of the ordinance and   information as to where and when any interested person may obtain a copy of the complete ordinance.

D.  Every ordinance, including zoning ordinances, shall take effect upon passage and publication as ordinances required by law or at a later date as specified in the ordinance. No ordinance shall be introduced and adopted during the same meeting.

E.   All ordinances, including any amendments thereto, shall be recorded in full, uniformly and permanently, by the Town Clerk, and each ordinance so recorded shall be authenticated by affixing the signatures of the Council Chairman and the Town Clerk and the Town Seal and kept on file in the office of the Town Clerk. The Town Clerk shall be responsible for the systematic indexing, printing, publication and maintenance of the ordinances of the town. Copies of all ordinances shall be available to the public, and the Town Clerk may charge a fee to defray the printing costs.

Sec. 3.9.        Emergency ordinances.

Notwithstanding other provisions of this Charter, to meet a public emergency affecting life, health, property or the public peace, the Council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by a public utility for its services; or authorize the borrowing of money except as provided in 23 of this Charter. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but a two-thirds affirmative vote of those present and voting shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption. Every emergency ordinance, except one made pursuant to 3.10 of this Charter, shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Sec. 3.10.      Emergency appropriations.

To meet a public emergency affecting life, health, property or the public peace or to satisfy a court judgment or casualty loss, the Council may make emergency appropriations as part of an emergency ordinance. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may, by such emergency ordinance, authorize, in  accordance with all provisions of state law, the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals thereof occurring in any fiscal year shall be paid not later than the last day of the fiscal year next succeeding the year in which the emergency appropriation was made.

Sec. 3.11.      Codification of ordinances.

The Town Council, as needed, shall have prepared a revision or codification of the ordinances of the town which are appropriate for continuation as local laws of the town. (Sec. 3.11 amended by Article 2 on the March 10, 2020 Town Election ballot)

Sec. 3.12.      Existing ordinances.

All bylaws, ordinances, rules, restrictions and regulations of the Town of Durham which are in effect as of the date of adoption of this Charter and not inconsistent with this Charter shall remain in effect after the adoption of this Charter until they expire by their terms or are repealed, modified or amended by the Council.

Sec. 3.13.      Powers and duties.

Except as herein otherwise provided, the Town Council shall have all the powers conferred upon and discharge all the duties imposed upon Town Councils, Town Meetings, Boards of Mayor and Alderman and Selectmen of towns by law. Except as otherwise provided in this Charter, all officers and members of all boards commissions and committees, and vacancies thereto, shall be appointed by the Council.

Sec. 3.14.      Delegation of powers.

The Council may delegate to one (1) or more town agencies the powers vested in the Council by this Charter and state and federal law to grant and issue licenses and permits and may regulate the granting and issuing of licenses and permits by any such town agency and may, in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.

Sec. 3.15.      Inquiries and investigations.

The Council, by majority vote, may require any appointed town official, department head or employee, official appointed or confirmed by the Council or member of an appointed town board or commission to appear before it and give such information as it may require in relation to this office, its function and performance. The Council shall give at least forty-eight (48) hours' written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section. The Council may make investigation into the affairs of the town and into the conduct of any town agency or department and for this purpose may administer oaths and require the production of evidence.

Sec. 3.16.      Board procedures.

Except as expressly prohibited by state law, the Council shall establish rules of attendance and forfeiture of office for all town-appointed boards and commissions.