Section 36-A:3 - Composition Of CommissionI. The commission shall consist of not less than 3 nor more than 7 members as determined by the local legislative body. In a town which has a planning board, one member of the commission may also be on the planning board. In a city which has a planning board, one member of the commission may be on the planning board. In cities, the members of the commission shall be appointed by the mayor subject to the provisions of the city charter, and in towns the members of the commission shall be appointed by the selectmen, or elected as provided in paragraph II. Alternate members may be appointed in a like manner and when the alternate serves in the absence or disqualification of a regular member, the alternate shall have full voting powers. When a commission is first established, terms of the members shall be for one, 2, or 3 years, and so arranged that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed, or elected in a town that has adopted the provisions of paragraph II, for terms of 3 years each. Any member of a commission so appointed may, after a public hearing, if requested, be removed for cause by the appointing authority. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment, or according to paragraph IV if the commission is elected. Members of a conservation commission shall be residents of the city or town which they represent. Members of a conservation commission also may serve on other municipal boards and commissions, including, but not limited to a historic district commission established under RSA 673:4, and a heritage commission established under RSA 673:4-a.II. The local legislative body of a town may decide, by majority vote at the town meeting, that commission members shall be elected according to either the procedure in subparagraph (a) or in subparagraph (b). The official ballot shall be used on every referendum for the adoption of elected members under subparagraphs (a) or (b), and every subsequent rescission of such adoption pursuant to subparagraph (c). The wording on the official ballot of any referendum for the adoption of subparagraphs (a) or (b) shall specifically state which procedure for electing commission members is being voted upon. Following the majority vote at town meeting, commission members shall be elected as follows: (a) The commission positions shall be filled at the next regular town elections pursuant to RSA 669:17. Thereafter, a commission member shall be elected for the term provided under paragraph I; or (b) The commission positions shall be filled on a staggered basis at the subsequent regular town elections pursuant to RSA 669:17 as the term of an appointed member expires, until each member of the commission is an elected member. When each commission member is an elected member, such member shall be elected for the term provided in paragraph I. (c) A local legislative body which has voted to elect commission members may, by majority vote at town meeting, decide to rescind that action and have the commission appointed in the manner set forth in paragraph I. The vote to have commission members so appointed shall take effect upon adoption by the town meeting, and the selectmen shall forthwith appoint members in accordance with paragraph I. The commission shall, however, continue in existence, and the elected members in office at the time of town meeting vote to appoint members may continue to serve until their successors are appointed and qualified. III. An elected commission in a town may appoint alternate members up to the number of positions on the commission for a term of 3 years each, which shall be staggered in the same manner as elected members pursuant to paragraph I. IV. An elected commission in a town, in the case of a member vacancy, shall appoint a member to serve until the next town election when the voters of the district shall elect a replacement for the unexpired term. In the case of a vacancy of the entire membership of the commission, or if the remaining members are unable, by majority vote, to agree upon appointment, the selectmen shall appoint members by majority vote. Amended by 2024, 22:1, eff. 7/19/2024.1963, 168:1. 1973, 550:2. 1974, 44:2. 1987, 318:1. 1995, 138:1, eff. July 23, 1995. 1997, 31:1, eff. June 27, 1997.
This section is set out more than once due to postponed, multiple, or conflicting amendments.