COUNTY COMMISSIONERS

RSA tit. II, ch. 28

in effect

RSA 28:1 Organization.

28:1. Organization. The county commissioners of each county shall choose from their number a chairman and a clerk. Source. 1855, 1659:37. GS 24:1. GL 25:1. PS 27:1. PL 38:1. RL 47:1.

RSA 28:1-a Simultaneous Office.

28:1-a. Simultaneous Office. A county commissioner shall hold no other county office, including that of deputy sheriff, during his term as a county commissioner. Source. 1973, 9:1, eff. Jan. 1, 1975.

RSA 28:1-b Majority Vote Required.

28:1-b. Majority Vote Required. All rights, authority and powers of the county commissioners shall be exercised only by vote of a majority of the county commissioners. Source. 1973, 488:1, eff. Aug. 29, 1973.

RSA 28:2 Clerk.

28:2. Clerk. The clerk shall compose, or be responsible for the composition of, and keep a record of, the proceedings of the commissioners, the claims allowed by them, the annual report of the county treasurer and the proceedings of the county convention, and shall keep on file, in a secure location, all original papers, claims and accounts acted upon by the board. Source. 1855, 1659:37. GS 24:1. GL 25:1. PS 27:1. PL 38:2. RL 47:2. 2014, 25:1, eff. July 22, 2014.

RSA 28:3 Financial Report.

28:3. Financial Report. The clerk of each board of county commissioners shall forward to the commissioner of revenue administration a report giving the information concerning the financial condition of the county required by RSA 71:25. Any clerk who fails to do so shall be guilty of a violation, and any fine shall be recovered for the use of the county. Source. 1887, 58:2. PS 27:2. 1917, 57:1. 1921, 60:1. PL 38:3. RL 47:3. RSA 28:3. 1973, 531:2, eff. at 11:59 P.M., Oct. 31, 1973; 544:8, eff. Sept. 1, 1973.

RSA 28:3-a County Close of Books; Audits.

28:3-a. County Close of Books; Audits. I. Counties shall close their books on or before 90 days following the end of the county fiscal year unless the county has been granted an extension by the commissioner of the department of revenue administration. The commissioner may grant one or more 45-day extensions for cause, and shall notify the chairperson of the county convention of each extension and the reasons it was granted. II. In the event that an audit is required or requested by resolution by either the board of commissioners or the county convention, the commissioners, with the approval of the executive committee of the county convention, shall engage the services of a certified public accountant qualified in municipal and county finances for the purpose of conducting an audit of the county books of records. The performance and scope of the audit shall be in accordance with generally-accepted auditing standards. The audit shall include an examination for conformance with state and federal laws and regulations relating to county finances, including rules adopted by the commissioner of revenue administration pursuant to RSA 541-A, and shall also include an examination of any subject of county finances that may be requested either by the commissioners, by the county convention, or by the treasurer. The audit shall be completed within 120 days following the close of the books of the county fiscal year. The commissioners shall cause the report of the auditor, together with the customary management representation letter and management responses, to be published with or supplementary to the annual reports of the county officers, with a copy forwarded to the department of revenue administration. Upon completion of a county audit under this section, the county convention shall review the audit, management representation letter, and management responses for compliance with the criteria described in this section and may suggest alternative or additional measures for use in subsequent audits. Source. 1991, 194:3, eff. July 27, 1991. 2017, 97:1, eff. Aug. 7, 2017. 2019, 191:1, eff. Sept. 8, 2019. 2021, 162:1, eff. Sept. 28, 2021.

RSA 28:3-b Performance Audits.

28:3-b. Performance Audits. I. The county convention of any county shall have the power to engage the services of a suitable qualified entity to conduct performance audits of any county department, institution, or office as the county convention shall specifically direct. Such performance audits shall include, but not be limited to, examinations of and any determinations based upon the examinations as to achievement of goals, objectives, and specific outcome measures provided for in each department, institution, or office's budget submission. Such performance audit shall indicate the degree of achievement, and any reasons for non-achievements of objectives and outcome measures. Such audit shall also include findings regarding the appropriateness of stated objectives and outcome measures and may suggest alternative or additional measures for use in subsequent budget periods. II. The detailed reports of every audit conducted pursuant to this section shall become a public record upon approval by the county convention. Audit work papers and notes are not public records. However, those materials necessary to support the compilations in the final audit report may be made available by majority vote of the county convention after a public hearing showing proper cause. For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the audit report. III. The cost of a performance audit shall be paid from a contingency fund appropriated by the county convention under RSA 24:13, II. Source. 2019, 191:2, eff. Sept. 8, 2019.

RSA 28:3-c Forensic Audits.

28:3-c. Forensic Audits. I. The county convention of any county shall have the power to engage the services of a suitable qualified entity to conduct forensic audits of any county department, institution, or office as the county convention shall specifically direct. Forensic audits shall include investigative work of any financial matters. Such audits may include investigations of corruption, asset misappropriation, or financial statement fraud. II. The detailed reports of every forensic audit conducted pursuant to this section shall become a public record upon approval by the county convention. Audit work papers and notes are not public records. However, those materials necessary to support the compilations in the final audit report may be made available by majority vote of the county convention after a public hearing showing proper cause. For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the forensic audit report. III. The cost of a forensic audit shall be paid from a contingency fund appropriated by the county convention under RSA 24:13, II-a. Source. 2019, 191:2, eff. Sept. 8, 2019.

RSA 28:4 Custody of Property.

28:4. Custody of Property. The county commissioners shall have the custody and care of all property belonging to the county. Source. RS 19:2. CS 20:2. 1855, 1659:37. GS 24:2. GL 25:2. PS 27:3. PL 38:4. RL 47:4.

RSA 28:5 County Buildings.

28:5. County Buildings. The county commissioners may repair, enlarge, or erect county buildings at an expense not exceeding $25,000. Source. RS 19:2. CS 20:2. 1855, 1659:37. GS 24:2. GL 25:2. PS 27:3. PL 38:5. RL 47:5. RSA 28:5. 1986, 8:1, eff. May 26, 1986. 2023, 178:2, eff. Oct. 3, 2023.

RSA 28:6 Personal Property.

28:6. Personal Property. They may purchase personal property for the use of the county and its officers; and may sell any of the county personal property that is not needed for its uses. Source. RS 19:2. CS 20:2. 1855, 1659:37. GS 24:2. GL 25:2. PS 27:3. PL 38:6. RL 47:6. RSA 28:6. 1983, 383:9, eff. July 1, 1984.

RSA 28:6-a Authority to Contract for Professional Real Estate Services.

28:6-a. Authority to Contract for Professional Real Estate Services. I. The county commissioners shall be authorized to contract for professional real estate services for the sale or lease of county property as follows: (a) The commissioners shall publish a request for qualifications for professional real estate services to be procured. The commissioners shall select licensed real estate professionals who have demonstrated competence and qualifications to market the sale or lease of real property. (b) The commissioners shall prepare a description of its procedures for procurement of professional real estate services. These descriptions shall be distributed to interested professionals subject to the provisions of this section. (c) The commissioners shall negotiate a contract with the highest qualified firm for professional real estate services at compensation which the commissioners determine is fair and reasonable to the county. In making such determination, the commissioners shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered. (d) If the commissioners are unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the county, the commissioners shall then undertake negotiations with the next most qualified firm in order of competence and qualifications and continue negotiations until an agreement is reached. II. In this section: (a) "Professional real estate services" means those professional services of licensed real estate professionals, as well as incidental services that members of the profession and those in their employ may logically and justifiably perform. These services shall include at a minimum a market analysis based on the highest and best use of all county property being sold or leased. (b) "Licensed real estate professional" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the real estate profession in this state under RSA 331-A. Source. 2013, 119:1, eff. Aug. 24, 2013.

RSA 28:7 Real Estate.

28:7. Real Estate. When so authorized by the county convention they may purchase such real estate as may be required for county correctional facilities, including county farms, or other county uses, and may repair, enlarge or erect county buildings at a cost exceeding $25,000; and, with like authority, they may sell any of the county's real estate. Source. 1863, 2735:1. GS 24:3. GL 25:3, 4. PS 27:5. PL 38:7. RL 47:7. RSA 28:7. 1985, 60:1, 404:3. 1988, 89:3, eff. June 17, 1988. 2023, 178:3, eff. Oct. 3, 2023.

RSA 28:7-a Services to Unincorporated Towns and Unorganized Places.

28:7-a. Services to Unincorporated Towns and Unorganized Places. For each unincorporated town or unorganized place, the county in which it is located and its commissioners shall have the same responsibilities for providing services as a town and its governing body. County conventions may at any legal meeting grant and vote such sums of money as they judge necessary for any purpose for which the county may act, if such appropriation is not prohibited by the laws or by the constitution of this state. The cost of providing services for a county's unincorporated towns and unorganized places shall be assessed on the property taxpayers of the unincorporated towns or unorganized places under RSA 81. Source. 1969, 127:1. 1989, 266:2, eff. July 1, 1989.

RSA 28:7-b Planning and Zoning in Unincorporated Towns and Unorganized Places.

28:7-b. Planning and Zoning in Unincorporated Towns and Unorganized Places. For each unincorporated town or unorganized place, the county in which it is located and its commissioners shall have the same responsibilities and powers to exercise planning, zoning, subdivision and related regulations as city and local land use boards. Regulations shall be exercised in accordance with the provisions of RSA 672-677 to the extent practical, in order to ensure reasonable development and planning in the unincorporated town or unorganized place. Source. 1983, 161:1. 1986, 31:1. 1989, 266:2, eff. July 1, 1989.

RSA 28:7-d Education Money; Unincorporated Towns and Unorganized Places.

28:7-d. Education Money; Unincorporated Towns and Unorganized Places. I. It shall be the duty of the county commissioners of the counties in which there are located unincorporated towns or unorganized places to provide for the education of all the children residing in those unincorporated towns or unorganized places by establishing standard elementary schools in such towns or places or by furnishing tuition and board or tuition and transportation at some approved public elementary or high school in another district. For the purposes of this section, counties with unincorporated towns or unorganized places shall for those towns and places have the powers granted under RSA 194. II. The county commissioners shall annually on or before August 1 certify the amount of money deemed necessary to be raised by taxation for the education of all the children residing in the unincorporated towns or unorganized places. III. The certified amount shall be assessed on the taxpayers of each unincorporated town or unorganized place under RSA 81 on a pro rata basis based upon the actual number of school children who reside in each town or place. Source. 1989, 266:3, eff. July 1, 1990.

RSA 28:8 Competitive Bidding on Purchases.

28:8. Competitive Bidding on Purchases. I. The provisions of this section shall apply to all counties in the state and the offices of county sheriff, county attorney, county treasurer, and register of deeds. II. Any purchase of equipment or materials made by a county in an amount exceeding $10,000 shall be by competitive bidding, provided that the county commissioners by unanimous vote may waive the provisions for such bidding. In case the commissioners so vote a copy of such action shall be recorded in their offices with a statement of the reason therefor and such record shall be open to public inspection. Orders for equipment or material to be delivered at different times where the single delivery may be less than $10,000, but the total order exceeds that amount shall be construed as coming within the provisions hereof requiring competitive bidding. Source. 1941, 108:1. RL 47:8. 1949, 165:1. RSA 28:8. 1979, 200:3, eff. July 1, 1979. 1998, 50:1, eff. July 4, 1998. 2023, 126:4, eff. Aug. 29, 2023.

RSA 28:8-a Competitive Bidding on Sales of Personal Property.

28:8-a. Competitive Bidding on Sales of Personal Property. Any sale of personal property made by a county where the estimated value thereof is in excess of $3,000 shall be by competitive bidding, provided that the county commissioners by unanimous vote may waive the provisions for such bidding. In case the commissioners so vote a copy of such action shall be recorded in their offices with a statement of the reasons therefor and such record shall be open to public inspection. Source. 1959, 3:1, eff. April 12, 1959. 2023, 178:4, eff. Oct. 3, 2023.

RSA 28:8-b Open Bidding.

28:8-b. Open Bidding. Competitive bidding required by a county in accordance with the provisions of RSA 28:8, 8-a and 8-c shall be open to any person or legal entity wishing to submit a bid to the county. Source. 1973, 408:1. 1975, 376:1, eff. Aug. 6, 1975.

RSA 28:8-c Competitive Bidding on Sales and Leases of Real Property.

28:8-c. Competitive Bidding on Sales and Leases of Real Property. To transfer a valid interest, a sale or lease of real property owned by a county shall be made by the county commissioners by competitive bidding or in accordance with RSA 28:6-a and shall be ratified by a majority vote of the county convention and the executive committee of the county convention. Source. 1975, 376:2, eff. Aug. 6, 1975. 2013, 119:2, eff. Aug. 24, 2013.

RSA 28:8-d Use of Real Property.

28:8-d. Use of Real Property. I. No officer or employee of a county may enter into an agreement with any other person for the use of real property owned by the county unless such agreement has been approved by the county commissioners and is ratified by a majority vote of the county convention and the executive committee of the county convention. II. Notwithstanding the provisions of paragraph I, the county convention may authorize the executive committee and the county commissioners to enter into an agreement with any other person for the use of county-owned real property, subject to restrictions which the county convention may impose. Source. 1975, 376:2. 1995, 163:1, eff. July 31, 1995.

RSA 28:8-e Competitive Bidding; Hillsborough County.

28:8-e. Competitive Bidding; Hillsborough County. Notwithstanding RSA 28:8, the procedures for competitive bidding in Hillsborough county shall be as follows: I. All purchases made by Hillsborough County for materials, equipment, supplies, services, insurance, building repairs or any other item, in an amount exceeding $10,000 shall be by competitive bidding. Awards for such purchases shall be made to the lowest responsible bidder. Orders for purchases to be delivered at different times where the single delivery may be less than $10,000, but the total order exceeds that amount shall be construed as coming within the provisions of this section requiring competitive bidding. II. In determining "lowest responsible bidder", in addition to price, the following shall be considered: (a) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) The quality of performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (g) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) The number and scope of conditions attached to the bid. III. All bids in an amount exceeding $10,000 sought pursuant to this section shall be subject to review by the executive committee. Nothing in this chapter shall be construed to prevent the executive committee from establishing further guidelines and procedures to be followed in purchasing and bidding. IV. If the cost of the service is fixed by law, competitive bidding shall not be required. V. If the proposed purchase is manufactured by only one company, or if it is deemed advisable to make a purchase from a specific company to reduce costs of maintaining additional parts, the county commissioners, at the request of the department concerned, are authorized to waive competitive bidding procedures, subject to review of this decision by the executive committee. VI. Competitive bidding by a department shall not be required if items can be procured through the state of New Hampshire, department of administrative services, division of procurement and support services either by direct purchase or from the state supplier at the state price, provided the department files a full report with the county commissioners and with the executive committee. VII. Competitive bidding shall not be required where a department is able to negotiate prices for items of purchase that are lower than bid prices for the same material in the same transportation zone, provided the department files a full report with the county commissioners and with the executive committee substantiating the fact. VIII. Competitive bidding shall be interpreted to include guaranteed annual cost purchasing whenever applicable whenever this factor is considered to be of value in obtaining the lowest possible annual cost for the department, insofar as this is in agreement with the line item budget appropriation established in the county budget. IX. In case of an emergency which requires immediate purchase of supplies or contractual services, the department concerned is authorized to secure by open market procedure, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. A full report of the circumstances of the emergency purchase shall be filed with the county commissioners and with the executive committee and shall be open to public inspection. X. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. Source. 1975, 401:1. 1979, 200:4. 1985, 60:2, eff. June 28, 1985. 1998, 50:2, eff. July 4, 1998. 2014, 327:51, eff. Aug. 2, 2014. 2023, 126:5, 6, eff. Aug. 29, 2023.

RSA 28:9 Assisted Persons.

28:9. Assisted Persons. They shall have the charge and care of county assisted persons, and shall provide for their support upon the county farm or elsewhere as required by law; and when expedient they may appoint agents in the several towns to investigate applications and look after the county poor in such towns. Source. 1855, 1659:37. 1860, 2349:1. GS 24:5. GL 25:5. PS 27:6. 1901, 39:1. PL 38:8. RL 47:9. RSA 28:9. 1985, 380:47, eff. Jan. 1, 1986.

RSA 28:10 Employees, Counties.

28:10. Employees, Counties. The commissioners of each county shall employ such number of clerks and agents as said commissioners deem necessary. In Hillsborough county the county commissioner, any elected or appointed official, prior to establishing any new position within said county, shall obtain written approval from the Hillsborough county executive committee for such new position. Source. 1909, 83:1. 1913, 2:1; 44:1; 136:1. 1917, 201:1. 1919, 45:1. 1921, 149:1. 1925, 171:2. PL 38:29. 1937, 206:1. RL 47:28. 1945, 119:1. RSA 28:10. 1969, 181:1. 1973, 381:1, eff. Aug. 29, 1973.

RSA 28:10-a Discharge or Suspension from Employment.

28:10-a. Discharge or Suspension from Employment. I. Before any county may discharge, remove, or suspend an employee as provided in paragraphs II-IV, the county commissioners shall first adopt and establish rules and procedures for the discharge, removal, or suspension of its employees. Each county employee shall receive a copy of the rules and procedures which the county adopts. Nothing in this section shall be construed so as to limit negotiations under, or the applicability of, RSA 273-A. In the event that rules or procedures adopted by the county commissioners conflict with an agreement negotiated pursuant to RSA 273-A, the provisions of the collective bargaining agreement shall prevail. II. Any employee of a county institution who has served at least one year shall not be discharged, removed, or suspended from employment except for dishonesty, intoxication, immoral behavior or other misconduct, neglect of duty, negligence, willful insubordination, lack of cooperation, inefficiency, incapacity or unfitness to perform his duties, or for the good of the institution to which he is assigned, and subject to the following conditions: (a) Prior to the discharge or removal of any such employee, a statement of the grounds and reasons for the discharge or removal shall be prepared by the county commissioners and signed by a majority of the county commissioners. Notice of the grounds and reasons shall be given to said employee not less than 10 days nor more than 30 days prior to the effective date of such discharge or removal. (b) Any such employee may be suspended at any time, without prior notice, for a period not to exceed 10 days. III. Within 30 days of receipt of the notice under subparagraph II(a), or within 10 days of the first day of suspension under subparagraph II(b), the employee may request in writing a public hearing on such notice or suspension before the county personnel committee, consisting of the chairman, vice-chairman and clerk of the county convention, except if said employee is covered by a collective bargaining agreement under RSA 273-A, in which case the employee's hearing and discharge, removal, or suspension proceedings shall be held pursuant to the provisions of the agreement. If, upon such hearing, said committee finds good cause for discharge, removal, or suspension of the employee, they shall approve his discharge, removal, or suspension as ordered or approved by the county commissioners. The personnel committee may establish reasonable rules for procedure and the admission of evidence and shall keep a record of all proceedings under this section. Any action or decision made under this section shall be subject to rehearing and appeal as provided in RSA 541. The county personnel committee, when acting under the provisions of this section, shall be deemed a commission within the meaning of RSA 541:1. IV. The salary of said employee shall terminate or be suspended on the effective date of his discharge, removal, or suspension; provided, however, that if the employee has been discharged, removed, or suspended without good cause, he shall be reinstated to his former position without loss of pay for the period of suspension and shall be reimbursed for his legal costs and reasonable attorneys' fees as determined by the personnel committee or, in the event of appeal from its ruling, by the supreme court. This section shall not apply to county employees laid off by reason of abolition of a position, change in organization, lack of work, or insufficient funds. V. For purposes of this section, the term "employee" shall not include individuals who are employed on a per diem, on call, or seasonal basis, or are part-time less than 20 hours per week, or otherwise employed on an infrequent basis. Source. 1959, 295:1. 1963, 113:1. 1977, 9:1. 1983, 156:1. 1986, 71:1. 1988, 89:5, eff. June 17, 1988. 2011, 153:1, eff. Aug. 7, 2011.

RSA 28:10-b Jurisdiction.

28:10-b. Jurisdiction. The jurisdiction of the county personnel committee to conduct discharge, removal, or suspension hearings shall be limited to those cases not involving death of a county employee or any person under the care or custody of a county employee. Whenever the county personnel committee finds that a case involves a death of a county employee or any person under the care or custody of a county employee, the committee shall immediately transfer the case to superior court. Any determination made by the county personnel committee that a case involves the death of a county employee or any person under the care or custody of a county employee shall be inadmissible as evidence in any civil action, arising from such death, against the county or any county official or employee. Source. 1981, 102:1. 1986, 71:2, eff. Jan. 1, 1987.

RSA 28:10-c Employee Candidate Background Checks.

28:10-c. Employee Candidate Background Checks. I. The county commissioners may require a background investigation and a criminal history records check on any candidate for employment, prior to a final offer of employment. A county may request only a state records check or both a federal and state records check, to be conducted through the division of state police. The county may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check. II. A candidate for employment in a position that the county commissioners determine requires a background investigation and a criminal history records check shall submit to the county a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the county, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the county may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years. III. To obtain a state records check only, the county shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the county shall submit the criminal history records release form and applicant fingerprint card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the county commissioners. The county may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The county shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph. IV. The county commissioners may require the candidate to pay the actual costs of the background investigation and the criminal history records check. V. In this section, "candidate for employment" shall include candidates for volunteer positions in the county. Source. 2013, 147:2, eff. Aug. 27, 2013. 2018, 318:3, eff. Aug. 24, 2018. 2024, 366:4, eff. June 30, 2025.

RSA 28:11 Personnel.

28:11. Personnel. The commissioners of each county shall appoint an administrator for the county nursing home and, if the county has a correctional facility, the county commissioners shall appoint a superintendent for the county department of corrections. They may also appoint such other officers, agents, and employees as may be required to properly care for the same and their inmates. Source. RS 116:1. CS 122:1. 1855, 1659:37. 1863, 2735:1. GS 24:4. GL 25:4. PS 27:7. PL 38:9. RL 47:10. RSA 28:11. 1973, 150:1. 1981, 105:1; 227:2. 1988, 89:4, eff. June 17, 1988. 2007, 93:2, eff. Aug. 10, 2007.

RSA 28:12 Rules and Regulations.

28:12. Rules and Regulations. The county commissioners may adopt rules and regulations for the governing and administration of county departments of corrections, including county farms, county nursing homes, county welfare offices and any other county departments under the jurisdiction of the county commissioners. Source. RS 116:1. CS 122:1. 1855, 1659:37. 1863, 2735:1. GS 24:4. GL 25:4. PS 27:7. PL 38:10. RL 47:11. RSA 28:12. 1981, 227:4. 1988, 89:6, eff. June 17, 1988.

RSA 28:13 Ineligibility to be Superintendent.

28:13. Ineligibility to be Superintendent. No county commissioner shall be superintendent of the county farm or the county department of corrections, or administrator of the county nursing home. Source. 1889, 52:1. PS 27:8. PL 38:11. RL 47:12. RSA 28:13. 1971, 495:2. 1981, 227:3. 1988, 89:7, eff. June 17, 1988. 2007, 93:3, eff. Aug. 10, 2007.

RSA 28:14 Allowance.

28:14. Allowance. They shall audit and allow all claims against or in favor of the county, excepting those which the superior court is authorized by law to adjust and allow. Source. 1865, 4077:1. GS 24:8. GL 25:8. PS 27:10. PL 38:12. RL 47:13. RSA 28:14. 1967, 132:2, eff. July 18, 1967.

RSA 28:15 Vouchers; Payment.

28:15. Vouchers; Payment. No assisted person bill, and no bill or claim of a superintendent of the county department of corrections against the county, shall be allowed by the county commissioners unless it is accompanied by proper vouchers for all payments charged therein, and is supported by an affidavit of the claimant, or some one in his behalf, that the same is a just and true account; and no such bill or claim shall be paid by the county treasurer without the allowance of the county commissioners. Source. 1864, 2880:1. GS 24:9. GL 25:9. PS 27:11. PL 38:13. RL 47:14. RSA 28:15. 1985, 380:47. 1988, 89:8, eff. June 17, 1988.

RSA 28:16 Disputed Claims.

28:16. Disputed Claims. If any disagreement shall arise between any claimant and the commissioners, relative to any claim in favor of or against the county, the same may be submitted to the court for decision. Source. GS 24:10. GL 25:10. PS 27:13. PL 38:14. RL 47:15.

RSA 28:17 Suits.

28:17. Suits. The county commissioners shall direct such proceedings to be commenced for the recovery of fines, penalties, forfeitures, costs and other claims due the county as they deem the interests of the county require, and such proceedings shall be subject to their direction and control. Source. 1865, 4077:4. GS 24:14. GL 25:14. PS 27:14. PL 38:15. RL 47:16.

RSA 28:17-a Legal Counsel.

28:17-a. Legal Counsel. The county commissioners shall have the authority to hire, within the limit of appropriations, legal counsel to advise them on county affairs and to issue opinions relating to county matters, provided that such counsel shall not be employed to defend the commissioners individually or collectively in private legal matters. Source. 1975, 295:1, eff. Aug. 6, 1975.

RSA 28:18 Expenses of Suits.

28:18. Expenses of Suits. No claim for any services, fees or costs rendered or incurred in actions brought for or against the county shall be allowed unless they were authorized in writing by the county commissioners. Source. 1865, 4077:4. GS 24:14. GL 25:14. PS 27:14. PL 38:16. RL 47:17.

RSA 28:19 Compromise.

28:19. Compromise. No action or proceeding for the recovery of anything due to the county shall be compromised or settled except by the county commissioners, or by their direction in writing. Source. 1865, 4077:5. GS 24:15. GL 25:15. PS 27:15. PL 38:17. RL 47:18.

RSA 28:20 Record.

28:20. Record. A record of all receipts and payments of county funds shall be made by the county treasurer in the county receipts and payments book, prescribed by the commissioner of revenue administration, showing, in the case of receipts, the date, source and amount, and, in the case of payments, the name of the payee, the voucher number and amount, properly classified according to the uniform classification prescribed by said commissioner. Source. 1878, 44:3. GL 28:3. PS 27:12. 1921, 5:1. PL 38:18. RL 47:19. RSA 28:20. 1973, 544:8, eff. Sept. 1, 1973.

RSA 28:21 Vouchers.

28:21. Vouchers. The vouchers shall be filed, according to the numbers appearing in the county receipts and payments book, in the office of the county commissioners. Source. 1921, 5:1. PL 38:19. RL 47:20.

RSA 28:23 Issue.

28:23. Issue. When so authorized by the county convention, the county commissioners may issue bonds of their county, to raise money for its uses, subject to the provisions of RSA 33. Said bonds shall be signed by 2 at least of the commissioners, and shall be countersigned by the treasurer. Source. 1860, 2368:1. GS 24:17. GL 25:17. PS 27:16. PL 38:21. RL 47:22. RSA 28:23. 1969, 383:1, eff. Aug. 31, 1969.

RSA 28:24 Sale.

28:24. Sale. All county bonds and notes, except tax anticipation notes maturing in less than one year, shall be sold at public sealed bidding to the highest bidder; provided, however, that the county commissioners may reject any and all bids and may negotiate for said sale upon terms which they deem most advantageous to the county. Any bond sold under the provisions of this chapter shall not be sold for less than par. Source. 1860, 2368:2. GS 24:18. 1869, 2:1. GL 25:18. PS 27:17. PL 38:22. RL 47:23. RSA 28:24. 1969, 383:2. 1971, 485:1. 1983, 365:3, eff. June 19, 1983.

RSA 28:25 Authorization.

28:25. Authorization. The county commissioners may authorize and direct the register of deeds to make, at the expense of the county, in suitable books, true copies of any of the public records in his or her office which have become so faded, worn out or otherwise defaced that, in his or her judgment, it is necessary they should be copied in order to insure the preservation of such records. Source. 1881, 19:1. 1885, 59:1. PS 27:18. PL 38:23. RL 47:24. RSA 28:25. 1983, 383:10, eff. July 1, 1984. 2008, 322:1, eff. Aug. 31, 2008.

RSA 28:26 Certification.

28:26. Certification. The officer making such copies shall attach thereto certificates of their correctness, and showing when, by whom and under what authority made. Source. 1881, 19:1. 1885, 59:1. PS 27:18. PL 38:24. RL 47:25.

RSA 28:27 Effect.

28:27. Effect. Such copies shall have the same force and effect as the originals, and copies made therefrom may be used in evidence the same as if made from the originals, without showing the loss of the latter; but the originals shall also be preserved. Source. 1881, 19:1. 1885, 59:1. PS 27:18. PL 38:25. RL 47:26.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-II-28.htmFetched: 10/20/2026