RSA Chapter 46 — Aldermen and Councilmen

Title III — Towns, Cities, Village Districts, and Unincorporated Places

Current through the 2025 Regular Session of the New Hampshire General Court.

Title III Towns, Cities, Village Districts, and Unincorporated Places

Election Election

RSA 46:1 Election

There shall be chosen in each ward, at the regular meeting thereof, by ballot and by plurality of votes, so many aldermen and common councilmen as shall be authorized by law or ordinance. If the choice of aldermen, common councilmen and ward officers cannot be conveniently completed on that day the meeting may be adjourned from day to day to complete the choice.

Source. 1846, 384:6, 7. 1855, 1699:7. GS 42:1. GL 46:1. PS 48:1. PL 52:1. RL 64:1.

RSA 46:2 Notice of Election

The ward clerk shall, within 24 hours after such choice, deliver to each person chosen alderman or common councilman a certified copy of the record of his election, signed by himself, the moderator and a majority of the selectmen.

Source. 1846, 384:6. 1855, 1699:7. GS 42:2. GL 46:2. PS 48:2. PL 52:2. RL 64:2.

RSA 46:3 Contested Election; Vacancy

Each branch shall be the final judge of the election and qualification of its members, and, if any election is contested, shall have the same powers to ascertain the facts as the city convention have in regard to the election of mayor; and in case of a vacancy in their branch, by death, resignation or otherwise, the remaining members of such branch shall call a new election in the ward in which the vacancy shall have occurred, to fill the same.

Source. 1846, 384:12, 13. 1848, 615:7. 1855, 1699:15. GS 42:11. 1874, 49:1. GL 46:11. PS 48:11. PL 52:7. RL 64:7.

Oath of Office Oath of Office

RSA 46:4 Oath

The mayor, aldermen and common council shall meet in convention, on such day as shall be appointed by law or ordinance, at 10 o'clock in the forenoon, when the oath of office may be administered to the mayor-elect, if present, by any judge or justice of the peace, and to the aldermen and common councilmen by the mayor or any justice of the peace.

Source. 1846, 384:8. 1855, 1699:11. GS 42:3. GL 46:3. PS 48:3. PL 52:3. RL 64:3.

RSA 46:5 Record of

A record that the oaths have been so taken shall be made in the journal of the mayor and aldermen, and of the common council, by their respective clerks.

Source. 1846, 384:8. 1855, 1699:11. GS 42:4. GL 46:4. PS 48:4. PL 52:4. RL 64:4.

RSA 46:6 Subsequently Taken

If from any cause the mayor or any of the aldermen or common councilmen are not then sworn the oath may be administered to them at any time thereafter, a record thereof being made on the journal of their board.

Source. 1846, 384:8. GS 42:5. GL 46:5. PS 48:5. PL 52:5. RL 64:5.

Board of Aldermen Board of Aldermen

RSA 46:7 One Board

The mayor and aldermen shall compose one board, and shall sit and act together as one body, at all meetings of which the mayor, if present, shall preside; but in his absence a chairman shall be chosen.

Source. 1846, 384:10. 1855, 1699:2, 12. GS 42:6. GL 46:6. PS 48:6. PL 52:10. RL 64:10.

Common Council Common Council

RSA 46:8 Distinct From Mayor and Aldermen

The persons chosen and qualified as members of the common council shall sit and act together as one board, distinct from the mayor and aldermen, except when the 2 bodies are required to act in convention.

Source. 1846, 384:13. 1855, 1699:15. GS 42:7. GL 46:7. PS 48:7. PL 52:15. RL 64:15.

RSA 46:9 President

The common council shall from time to time choose one of their members to preside at all meetings of the board, who shall have, for the preservation of order, the powers of a moderator in town meeting.

Source. 1846, 384:13. 1855, 1699:15. GS 42:8. GL 46:8. PS 48:8. PL 52:16. RL 64:16.

RSA 46:10 Clerk

They shall choose a clerk, who shall hold his office during their pleasure, shall attend their sessions and keep a record of their acts, doings and proceedings, and perform such other services in his office as the council shall require.

Source. 1846, 384:13. 1855, 1699:15. GS 42:9. GL 46:9. PS 48:9. PL 52:17. RL 64:17.

Compensation; Ineligibility to Other Office Compensation; Ineligibility to Other Office

RSA 46:11 Compensation; Ineligibility

No member of either branch, except the mayor, shall receive any compensation for his services, or shall hold any office or agency created during his continuance in office.

Source. 1846, 384:2. 1855, 1699:2. GS 42:13. GL 46:13. PS 48:13. PL 52:9. RL 64:9.

Procedure Procedure

RSA 46:12 Quorum; Procedure

A majority of each branch of the city councils shall be a quorum for the transaction of business; their meetings shall be public, and, on motion of any member, the yeas and nays on any question shall be taken and entered upon the journal.

Source. 1846, 384:2. 1855, 1699:2, 13. GS 42:10. GL 46:10. PS 48:10. PL 52:6. RL 64:6.

RSA 46:13 Rules

Each branch may make, alter or repeal rules for the orderly transaction of its business; and the 2 branches, by concurrent vote, may make and alter joint rules for the transaction of the business of the 2 branches.

Source. 1855, 1699:13. GS 42:12. GL 46:12. PS 48:12. PL 52:8. RL 64:8.