Bill > HB1497

This bill establishes comprehensive procedures for removing members of local land use boards (such as planning boards or zoning boards) for misconduct or poor performance. The bill defines specific grounds for removal, including malfeasance (willful misuse of authority), misfeasance (improper performance of duties), inefficiency, and neglect of duty. Specific examples of neglect include chronic absenteeism (missing more than 25% of meetings), violating conflict of interest rules, or failing to review necessary materials. The removal process requires the governing body to hold a public hearing between 45-60 days after receiving a removal petition, with the member receiving at least 30 days' written notice. The petitioner must provide clear and convincing evidence of misconduct. After the hearing, the governing body must issue a written resolution explaining their decision, which the removed member can appeal to superior court within 30 days. The bill also specifies that a member removed for just cause will be ineligible to serve on the same board for the remainder of their term, and mandates that all proceedings be conducted transparently in public session. The new law will take effect 60 days after its passage and is designed to ensure accountability and ethical conduct among local board members while providing due process protections.

Government Affairs

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1633&inflect=2