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Article 11: Administrative and Judicial Boards
Municipal Code:
Town Charter
Details
Sec. 11.1. Administrative Committees.
A. Planning Board. There shall be a Planning Board consisting of seven (7) members and not more than five (5) alternate members as provided by state statutes. Six (6) of these members and the alternate members shall be appointed by the Town Council for terms of three (3) years, such terms to be staggered. Two (2) Town Council members shall be appointed annually at the Council’s first meeting to serve, respectively, as primary and alternate ex officio members. These representatives shall have all the rights of membership including the right to hold office. The Council shall fill any vacancy for the period of the unexpired term. The Planning Board shall have all the powers granted to Planning Boards by state law.
(Sec. 11.1A amended by Article 7 on the March 8, 1994 Town Election ballot and by Article 3 on the March 9, 2004 Town Election ballot)
B. Conservation Commission. There shall be a Conservation Commission consisting of seven (7) members and up to three (3) alternate members. The five (5) members and the alternate members appointed by the Town Council shall be appointed for terms of three (3) years, such terms to be staggered. The Planning Board and the Town Council shall each appoint a representative to the Conservation Commission annually at their first meeting. These representatives shall have all the rights of membership, including the right to hold office. The Town Council shall fill any vacancy for the period of the unexpired term. The Conservation Commission shall have all the powers granted to Conservation Commissions by state law. (Sec. 11.1B amended by Article 4 on the March 9, 2004 Town Election ballot)
C. Parks and Recreation Committee. There shall be a Parks and Recreation Committee consisting of seven (7) members and three (3) alternate members. The six regular members and three alternate members shall be appointed by the Town Council and shall have terms of three (3) years, such terms to be staggered. A representative from the Town Council shall be appointed annually at its first meeting. The representative shall have all the rights of membership, including the right to hold office. The Council shall fill any vacancy for the period of the unexpired term. The Parks and Recreation Committee shall have all the powers granted to Parks and Recreation Committees by state law. (Sec. 11.1(C) amended by Article 17 on the March 10, 1998 Town Election ballot and by Article 14 on the March 10, 2020 Town Election ballot)
D. Historic District Commission. There shall be a Historic District Commission consisting of seven (7) members and up to three (3) alternate members. The five (5) members and the alternate members appointed by the Town Council shall have terms of three (3) years, such terms to be staggered. The Town Council and the Planning Board shall each appoint a representative at their first meetings. These representatives shall have all the rights of membership, including the right to hold office. The Council shall fill any vacancy for the period of the expired term. The Historic District Commission shall have all the powers granted to Historic District Commissions by state law. (Sec. 11.1(D) amended by Article 15 on the March 10, 2020 Town Election ballot).
E. Cemetery Committee. The Town Council shall select annually from its membership three (3) persons to meet with the Trustees of the trust funds as overseers of the Town Cemeteries.
F. Board of Library Trustees. There shall be a Board of Library Trustees consisting of seven (7) members and not more than three (3) alternate members. All members shall be elected by official ballot at the annual Town election as required by state law and shall have terms of three (3) years, such terms to be staggered. Alternate members shall be appointed by the Town Council and shall have terms of one (1) year. The Board of Library Trustees shall have all of the powers and duties established in state statutes which shall be as follows:
1. To adopt bylaws, rules and regulations for the conduct of its own business and to choose its own officers.
2. To establish policies designed to effectuate the operation of a public library.
3. To appoint the librarian and staff librarians.
4. To prepare an annual budget for the library in consultation with the librarian which shall provide for the expenditure of such public funds as may be appropriated by the Town.
5. To receive and expend income from all trust funds, donations, and bequests made to the Town for the benefit of the library in accordance with the terms of any such trust fund, donation, or bequest.
6. To expend all monies received from fines, payments for lost or damaged books, fees for providing nonresident services, and other miscellaneous income.
7. To prepare and present annual reports to the Town Council describing all phases of the operation of the library and to make an annual report to the New Hampshire State Library as may be required.
8. To perform all other acts necessary for the management and operation of a public library.
The Library Board of Trustees are permitted to retain all money it receives from income-generating equipment to be used for general repairs and upgrading, and for the purchase of books, supplies, and income-generating equipment. (Sec. 11.1F was created by Article 2 on the March 11, 1997 Town Election ballot. Amended by Article 2 on the March 10, 1998 Town Election ballot and by Article 5 on the March 9, 2004 Town Election ballot)
G. Other administrative committees. Other administrative boards and committees may be established as necessary by the Town Council.
H. The Town Council is specifically authorized to act in concert with the University of New Hampshire to establish committees of such size and membership as may be in the common interest to establish policy for water service, sewer service, public safety and other matters of mutual concern.
I. On an annual basis, Chairs of the Town of Durham committees will be provided the opportunity to present to the Town Council any significant actions or projects taken by their respective committee. This report can be in the form of a written summary or a formal presentation. No action is required if there is nothing of significance to report, although the Town Council can ask for a presentation if there is interest. (Sec. 11.1I amended by Article 18 on the March 10, 1998 Town Election ballot and by Article16 on the March 10, 2020 Town Election ballot.)
Sec. 11.2. Judicial Board.
Zoning Board of Adjustment. There shall be a Zoning Board of Adjustment appointed by the Council, consisting of five (5) members each serving a three-year term and three (3) alternates each serving a three-year term. Such terms shall be staggered. The Council shall fill any vacancy for the period of the unexpired term. The Zoning Board of Adjustment shall have all the powers granted to such boards under state law.
Sec 11.3 Appointments to Boards, Commissions and Committees
The Town Council shall appoint members to boards, commissions and committees by May 1 of each year following the annual Town election upon which newly elected members of the Town Council have taken their oaths of office. (Sec. 11.3 amended by Article 19 on the March 10, 1998 Town Election ballot and by Article 6 on the March 9, 2004 Town Election ballot)
Sec. 11.4. Terms of Office.
The terms of office of all members of appointed boards shall begin on May 1 and end on April 30. If an appointee receives an appointment subsequent to May 1 of the year in which the term of office originally commenced, the term to which the person was appointed will end on April 30 in the year that it was scheduled to end. (Sec. 11.4 amended by Article 7 on the March 9, 2004 Town Election ballot)
Sec. 11.5. Vacancies in Elected or Appointed Office.
Unless otherwise specified in this Charter, in the event of a vacancy in an elected or appointed office, board, commission or committee of the town, the Town Council shall fill that vacancy by appointment, such appointment to continue until the next town election. (Sec. 11.5 amended by Article 8 on the March 9, 2004 Town Election ballot)
