Chapter 38-C: Boards of Public Works Commissioners

For the more convenient management of local operations, any municipality which has a municipal, gas, electric, or waterworks system under RSA 38, a municipal sewer system under RSA 149-I, or highway agents under RSA 231:62 or any combination, may combine any 2 or more of the following into one board of public works commissioners:

I. Board of sewer commissioners.

II. Board of commissioners of a gas, electric, or waterworks system.

III. Highway agents.

The board of public works commissioners shall consist of 3 or more citizens of such municipality, who shall have such powers and duties as the municipality may prescribe. Their terms of office shall be for 3 years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, 2, and 3 years, respectively, by the legal voters of the municipality at any legal meeting or election called for that purpose, and their successors shall be elected at each annual meeting or election after that in a manner or form as the municipality may determine.

The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, by the town council, or by the commissioners of the district if the municipality fails to elect or votes to provide for appointment.

The compensation of the commissioners shall be fixed by the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chairperson of the board. They shall appoint a clerk and a superintendent of public works and such other officers as they deem necessary. A certificate of such organization shall be filed with the clerk of the municipality. The commissioners shall fix the compensation of all officers and agents appointed by them. All officers and agents shall be sworn to the faithful discharge of their duties.

The commissioners shall annually, at the time other city, town, or district officers report, make a report to the municipality of the condition of any facilities and equipment financially and otherwise showing the funds, expenses and income of the works, and all other material facts. This report shall be published in the annual report of the municipality.

This chapter is intended to ease the administrative demands on municipalities by allowing them to form a single board of commissioners; however, nothing in this chapter is to be construed to alter the applicability of RSA 38, 149-I or 231.