Chapter 42: Oaths of Town Officers

Every town officer shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office involved.

I. The manner of dismissing a town officer who violates the oath as set forth in RSA 42:1 shall be by petition to the superior court for the county in which the town is located.

II. Without limiting other causes for such a dismissal, it shall be considered a violation of a town officer's oath for the officer to divulge to the public any information which that officer learned by virtue of his official position, or in the course of his official duties, if:

(a) A public body properly voted to withhold that information from the public by a vote of 2/3, as required by RSA 91-A:3, III, and if divulgence of such information would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or would render proposed municipal action ineffective; or

(b) The officer knew or reasonably should have known that the information was exempt from disclosure pursuant to RSA 91-A:5, and that its divulgence would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or agency, or would render proposed municipal action ineffective.

III. No town officer who is required by an order of a court to divulge information outlined in paragraph II in a legal proceeding under oath shall be guilty of a violation under this section.

The moderator, town clerk, one of the selectmen or a justice of the peace are authorized to administer the oath required by this chapter.

Any person elected to an office where no other person was a candidate on the ballot for that office and no write-in candidate received 5 percent or more of the votes cast for that office, may be sworn in after the results are declared from the election and the annual business meeting has ended or at any time thereafter provided the oath is taken by the deadline established by RSA 42:6. If no recount of the office is requested, any person elected to an office that was contested or for which a write-in candidate received 5 percent or more of the votes cast may be sworn in upon the expiration of the period for requesting a recount provided in RSA 669:30.

The town clerk shall immediately, or in accordance with the time adopted by the governing body, if one has been adopted, direct a constable or police officer to notify the persons so chosen or notify such persons by registered mail, return receipt requested, to appear before the clerk within 6 days after receiving the notice, and take the oath by law prescribed. The officer shall, within 4 days, give personal notice to the persons therein named, or leave a notice in writing at the abode of each, and make return of the precept and of his doings therein to the town clerk within 6 days.

Any constable or police officer neglecting his duty in any of the foregoing particulars shall be guilty of a violation. One-half of all fines collected hereunder shall inure to the use of the town and the remaining 1/2 shall inure to the use of the county.

Every person so chosen and notified, not by law exempt from serving, who shall neglect, for 6 days after personal notice, or notice left at the person's abode, or after the person's return in the case of absence when such notice was left, but in no case later than 30 days after the person's election, to appear before the town clerk and take the oath, shall be guilty of a violation, and any fines shall be appropriated as in RSA 42:5.

Any person so chosen and notified, who shall take the oath of office before one of the selectmen or a justice of the peace, and file a certificate thereof with the town clerk within said 6 days, shall be exempt from such penalty.

The town clerk shall make a record of every oath of a town officer taken in open town meeting at the time of the election, and of every such oath taken before him at any other time and place, the import of which record may be that the officer took the oath of office prescribed by law; and he shall record and keep on file every certificate filed with him pursuant to RSA 42:7.