Monday, November 7, 2011

Beleaguered Citizens of Weare: It's Time. Long Past Time...


TITLE VII
SHERIFFS, CONSTABLES, AND POLICE OFFICERS

CHAPTER 105-C
POLICE COMMISSIONS

Section 105-C:1

    105-C:1 Establishment Authority. – Any town which adopts this chapter may establish a police commission, consisting of 3 commissioners, who shall have been residents of the town for at least 3 years immediately preceding the date of their election or appointment.
Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:2

    105-C:2 Referendum. – The following questions shall be submitted to the voters of a town on the regular ballot for the election of town officers if a petition is presented to the selectmen in accordance with RSA 39:3 requesting the same:
    I. "Shall the government of the police department of the town of __________ be entrusted to a police commission?''
    II. "If so, shall such police commissioners be chosen by:
       (a) Popular election at town election; or
       (b) Appointment of the governor with consent of the council?''

Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:3

    105-C:3 Establishment. – 
    I. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(a), the voters of such town shall, at the next succeeding annual town election, elect such a police commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission elected under this chapter in any town, one member shall be elected to serve a term of one year and one member shall be elected to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the board of selectmen until the next regular annual town meeting.
    II. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(b), the governor, with the consent of the council, shall promptly appoint such a commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission appointed under this chapter in any town, one member shall be appointed to serve a term of one year and one member shall be appointed to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the governor, with the approval of the council, for the duration of the unexpired term.
    III. No person holding office as a selectman, treasurer, collector of taxes, auditor, highway agent, or head of a police department shall be elected or appointed as a police commissioner under this section.

Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:4

    105-C:4 Duties; Powers. – It shall be the duty of the police commissioners to appoint such police personnel, including police officers, staff, constables and superior officers, as they deem necessary and to fix such persons' compensation. The commissioners shall make and enforce all rules necessary for the operation of the police force in the manner most beneficial to the public interest. The commissioners may at any time remove police personnel for just cause and after a hearing satisfying the requirements of due process, which cause shall be specified in an order of removal except that special police officers appointed and designated as such shall serve at the pleasure of the commission and may be removed for other than just cause.
Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:5

    105-C:5 Prohibition; Police in Office. – After the election and qualification of the police commissioners under this chapter, no chief of police, police officers, constables or superior officers shall be appointed in any town adopting this chapter except as provided in this chapter. Any chief of police, police officer, constable, or superior officer in office on the date the commission has been duly established, shall be deemed to have been appointed by the commission, subject to the terms and conditions of his original appointment.
Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:6

    105-C:6 Compensation. – Police commissioners shall serve without compensation but shall be reimbursed for all actual expenses incurred in the discharge of official duties.
Source. 1981, 277:1, eff. June 16, 1981.

Section 105-C:7

    105-C:7 Option to Rescind Action. – Any town which has voted to establish a police commission under this chapter may rescind such action by submission of an article in the town warrant as provided in RSA 39:3.
Source. 1981, 277:1, eff. June 16, 1981.

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