Constables; appointment; removal

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§ 2651a. Constables; appointment; removal

(a)(1) A town may vote by Australian ballot at an annual meeting to authorize the selectboard to appoint a first constable, and if needed a second constable, in which case at least a first constable shall be appointed.

(2) A constable so appointed may be removed by the selectboard for just cause after notice and hearing.

(3) When a town votes to authorize the selectboard to appoint constables, the selectboard's authority to make such appointments shall remain in effect until the town rescinds that authority by the majority vote of the registered voters present and voting at an annual meeting, duly warned for that purpose.

(b) Notwithstanding the provisions of subsection (a) to the contrary, a vote to authorize the selectboard to appoint constables shall become effective only upon a two-thirds vote of those present and voting, if a written protest against the authorization is filed with the selectboard at least 15 days before the vote by at least five percent of the voters of the town.

(c) The authority to authorize the selectboard to appoint the constable as provided in this section shall extend to all towns except those that have a charter that specifically provides for the election or appointment of the office of constable. (Added 1991, No. 177 (Adj. Sess.), § 2; amended 2017, No. 130 (Adj. Sess.), § 1.)


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