New Hampshire HB 1497: relative to replacing members of local land use boards for certain conduct.

Bill Text

HB 1497 - AS INTRODUCED

2026 SESSION

 26-2431

 06/09

HOUSE BILL 1497

AN ACT relative to replacing members of local land use boards for certain conduct. 

SPONSORS: Rep. Aylward, Merr. 5; Rep. Sabourin dit Choiniere, Rock. 30

COMMITTEE: Municipal and County Government

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ANALYSIS

 This bill establishes procedures and standards for the removal and replacement of members from local land use boards.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2431

 06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to replacing members of local land use boards for certain conduct. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Removal of Members. RSA 673:13 is repealed and reenacted to read as follows: 

 673:13 Removal of Members. 

 I. The governing body may, by resolution, remove an appointed, appointed alternate, or elected member of a local land use board from office for malfeasance, misfeasance, inefficiency, or neglect of duty directly related to the performance of official duties, or if dismissed from office pursuant to RSA 42:1, or convicted of a violation of RSA 95:1.

 II. The city council, select board, county commissioners with approval of the county delegation, or district commissioners may, for any cause enumerated in paragraph I, remove members appointed by them by resolution.

 III. In this section: 

 (a) "Malfeasance" means a willful or corrupt action, including misuse of resources or authority, or illegal acts in office or failure to act in the discharge of official duties, and requires an intentional act or omission relating to the duties of a public office. It shall not include acts that, although in violation of criminal law, have no connection with official duties.

 (b) "Member" means an elected, appointed, ex-officio, or alternate member of a planning board, zoning board of adjustment, board committee or subcommittee, council, select board, select board committee, or county or district commission.

 (c) "Misfeasance" means the improper or negligent performance of a lawful act, or the negligent failure to perform a specific duty resulting in harm.

 (d) "Inefficiency" means an inability or unwillingness to perform duties.

 (e) "Neglect of duty" means an omission or failure to fulfill official duties, whether willful or due to carelessness or inattention, including but not limited to: 

 (1) Violating a board's rules of procedure, a municipality’s conflict of interest ordinance pursuant to RSA 31:39-a, or code of ethical conduct;

 (2) Chronic absenteeism, defined as failure without good cause to attend 3 or more consecutive duly noticed meetings, or more than 25 percent of such meetings in any 12-month period;

 (3) Reliance on remote participation in violation of RSA 91-A:2, III(e);

 (4) Failure, without good cause, to review necessary materials or to participate in deliberations and votes required for proper discharge of duties.

 (5) For purposes of this section, "good cause" means circumstances beyond the member’s reasonable control preventing attendance or participation, including but not limited to personal or family illness, disability, emergency, military service, or unavoidable professional or personal obligations. "Good cause" shall not include preference, convenience, or voluntary commitments conflicting with scheduled meetings.

 (f) "Official conduct" means actions, decisions, or omissions made while performing the duties of public office.

 IV. Upon written petition by any person for removal of a land use board or other member, the governing body shall, no earlier than 45 days and no later than 60 days after receipt, hold a public hearing. The member shall receive not fewer than 30 days’ written notice of the grounds for removal. Notice may be delivered in person, by verified mail, or email. The burden shall be on the petitioner to establish grounds for removal by clear and convincing evidence.

 V. Public notice of the hearing shall include reference to RSA 673:13, and shall be posted at least 7 days in advance in at least 2 public places, including the municipality’s website, if any.

 VI. Notwithstanding RSA 91-A:3, II(c), nothing in this section shall prevent the governing body, in public session at a regular or special meeting, from discussing whether to refer allegations to law enforcement or schedule a removal hearing, provided that the official receives not fewer than 15 days’ written notice of the meeting and a description of administrative matters to