The information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law. Consult NHMA's legal services or your municipal attorney.
We gather here a collection of governance suggestions for governing body members: select board, village district commissioners and town and city councilors/aldermen:
Tips For Newly Elected Local Government Officials:
- Allot ample time to be effective in your public service role. Your most important responsibility as an elected official is active participation at governing body meetings, but attending meetings isn’t enough. Preparation for public meeting is essential. Read the meeting information or board packet well before the meeting and be prepared when the Chair starts the meeting.
- Treat your colleagues, constituents, and staff with fairness and respect. People come to you with issues that are important to them. Do what you can to resolve their issues or suggest other resources that might be helpful.
- Take your budget preparation role seriously. The budget is your policy development tool and road map. It determines what your city or town does or doesn’t do in the coming year. When budget cutbacks are necessary, ensure adequate funding for activities that are vital to municipal operations.
- Be comfortable telling people that you don’t know the answer to their question. It’s better to tell constituents that you need to research an issue rather than provide inaccurate information.
- Be open and honest with your colleagues. It’s unwise to spring surprises on your fellow local government officials or municipal staff, especially at formal meetings. If a matter is worth discussing, it should be placed on the agenda. Surprises often cause embarrassment, create distrust, and erode the team approach to governance.
- Familiarize yourself with the New Hampshire Right-to-Know Law (RSA 91-A). Respect the letter and intent of this law.
- Hire the best people you can and give them as much responsibility as they can handle. Support and inspire them to succeed.
- Remember that your municipality does not operate in a vacuum. You must work within the intergovernmental system to be effective. Keep in contact with school, county, state, and federal officials. Use the New Hampshire Municipal Association as a resource.
Governing Bodies Act Through a Quorum at Public Meetings: As exemplified in RSA 41:8, a select board only takes official actions as a select board through a majority of the members. An individual member of the select board, or village district commissioner or city or town councilor, does not have any authority outside that granted to him or her by the whole board, such as where the designated chair of the select board would be given the ability to schedule meetings and initiate the agendas for board meeting. Ultimately, all actions taken by a governing body must be conducted at public meetings convened in compliance with the Right-to-Know Law.
Meeting Rules of Procedure: Establishing rules of procedure for public meetings has several benefits. First, it allows for meetings to be run in an efficient and consistent manner. Second, it allows for the members of the public body and residents to debate matters of public concern in a courteous and respectful manner that lessens the likelihood of discontent and friction. Third, rules provide guidance to public body members on how they are to interact and engage with municipal employees and members of the public. Fourth, rules of procedure ensure continuity and stability during transition years when new members of the public body are elected or appointed to office. (Paraphrased from Model Rules of Procedure for Council Meetings, published by the League of Oregon Cities, March 2017).
Decision Making: When a governing body member abstains this would not prevent those board members who did vote from passing the matter under consideration. So long as a majority of the board is present, only a majority of the votes actually cast is necessary to support an action. Opinion of the Justices, 98 N.H. 530, 532 (1953). Thus, if a member of a governing body chooses to abstain from voting this does not defeat the action of the majority of those who voted. Town of Merrimack v. McCray, 150 N.H. 811, 813 (2004).
Management of Resignations by Elected Town Officials: RSA 652:12, I provides that a vacancy in an elected office occurs when the office holder resigns. There is no indication a resignation must in writing or must be accepted by the public body. Hence, a verbal resignation statement by an elected official would be sufficient. The best practice would be to have a policy in place which requires resignations to be provided in writing and that they take effect upon receipt by the public body.
Non-Delegable Duties: There are circumstances where the select board could not delegate statutory functions. For instance, only the select board could exercise the authority to grant or deny a tax abatement (unless delegated by town meeting to elected assessors). RSA 76:16. Only the select board can sign and post the warrant for a town meeting. RSA 39:2. Only the select board can layout a town road. RSA 231:8
Election Officers: Members of the Select Board are Election Officers. RSA 652:14. The NH Constitution requires the attendance of the entire select board during voting and vote tabulation at a State General Election. As for town and school district elections, the presence of the entire select board is not mandated, but it is recommended. The Select Board also has the duty to provide for a suitable place in which to hold state and town elections and shall see that the same is “warmed, lighted, and furnished with proper supplies and conveniences.” RSA 658:9. Along with the clerk and the moderator, the Select Board constitutes the Board of Recount. RSA 669:32
Information Sources:
- The New Hampshire Public Finance Consortium: https://nhpfc.org/
- New Hampshire Department of Revenue Administration - Municipal Bureau: https://www.revenue.nh.gov/about-dra/municipal-and-property-division/municipal-bureau
- NHMA 2025 Important Date Calendars: https://www.nhmunicipal.org/calendars-printablepdfs
- Town Reports: https://scholars.unh.edu/nh_town_reports/