The chief administrative officer of the Town shall be the Town Manager (hereinafter called the "Manager"). The Council shall appoint a person especially qualified by experience and training, who receives an affirmative vote of five Councilors, to be Manager. The Manager shall serve at the pleasure of the Council which shall fix the Manager's salary and terms of employment.
[Amended 9-11-2012; 3-8-2016]
The Manager shall be chosen solely on the basis of educational, executive and administrative qualifications. The Manager shall devote full time to the office, and shall not hold any other elected or appointed public office, except as authorized by this Charter, and shall not engage in any other business or occupation unless approved by an affirmative vote of five Councilors.
The Manager may be reprimanded or removed for cause by the affirmative vote of at least five members of the Council as herein provided. At least 30 days before the proposed reprimand or removal of the Manager, the Council shall adopt a resolution stating its intention to reprimand or remove him, the reasons therefor, and an effective date. A copy of the resolution shall be served forthwith on the Manager, who may, within 10 days, demand a public hearing, in which event the Manager shall not be reprimanded or removed until such public hearing has been held.
Upon or after passage of a resolution of intent to remove, the Council may suspend the Manager from duty, but his pay shall continue until removal. In case of such suspension, the Council shall, by an affirmative vote, appoint an Acting Manager to serve at the pleasure of the Council for not more than 120 days. The action of the Council in removing the Manager shall be final.
If the Manager is determined by an affirmative vote of five Councilors to be temporarily incapacitated or unable to act for any cause or the Council may determine that the office has become temporarily vacant, the Council shall, within 30 days from such determination, appoint an Acting Manager in the same manner as in § C4-3 who shall serve for not more than 120 days or such lesser time until the disability shall be relieved.
The Acting Manager shall have all the powers and perform all the duties of the Manager except to the extent that said powers and duties may be specifically restricted by Council resolution. Said Acting Manager shall be paid such salary for his services hereunder as may be prescribed by the Town Council. The Acting Manager may be reappointed for an additional term of 120 days. By an affirmative vote of five Councilors, the Council may determine from credible medical or other evidence that the Town Manager is incapacitated and unable to perform any or all duties of his office and the office may be declared vacant.
The Manager shall be the chief administrative officer of the Town and supervise and be responsible for the administrative and financial affairs of the Town and shall carry out the policies enacted by the Council. He shall be charged with the preservation of the health, safety, and welfare of persons and property and shall see to the enforcement of the ordinances of the Town, this Charter, and the laws of the State of New Hampshire. He shall supervise and direct the administration of all of the Town departments and personnel therein. He shall be responsible for:
Maintaining accounting control over the finances of the Town;
Making financial reports and performing such other related duties as may be required by the Administrative Code;
Assuring the audit and approval of all authorized claims against the Town before paying the same;
Keeping the Council informed of the condition of the needs of the Town and making such reports and recommendations as he may deem advisable or may be required of him;
Rental and use of all Town facilities under his control;
Maintenance and repair of all Town property under his control;
Doing a full and complete inventory of all property of the Town, both real and personal; and
Convening the chairmen of the administrative committees at least annually to discuss matters of mutual concern.
He shall perform other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Council, not inconsistent with this Charter. He shall have and perform such other powers not inconsistent with the provisions of this Charter as now are or hereafter may be conferred by municipal ordinance or conferred upon mayors of cities and selectmen of towns by general laws. He shall have the right to take part in the discussion of all matters coming before the Council, but not the right to vote.
The Manager shall have the power to appoint and remove, subject to the provisions of this Charter, all Town department heads. Such appointments shall be on merit and fitness alone and with an affirmative vote of five Councilors. The Manager, for just cause, may suspend or dismiss department heads or take other appropriate disciplinary action. Said suspension, dismissal, or other disciplinary action shall be effected only upon the Manager's presentation to the department head of a written specification of the reasons therefor at least 10 days before said action is taken.
The said department head involved may, within five days, demand a hearing before the Council, in which event the department head shall not be removed until such hearing has been held. The Manager may, however, suspend said department head from duty during said period, with or without pay. Such hearing shall be either private or public, as allowed under RSA Chapter 91-A, at the aggrieved party's request. The Council, by an affirmative vote of five Councilors, may override the Manager's decision.
Except as expressly provided elsewhere in this Charter, neither the Council nor any of its members shall direct or request the appointment of any person to office or employment, or direct the removal, suspension, discipline, adjustment in pay, benefits, or working conditions of any employee by the Manager of any of the Town department heads.
No Councilor shall give orders to or interfere with the performance of the duties of any of the administrative officers or employees, either publicly or privately. Nothing contained in this section shall prohibit the Council from meeting with the Manager to discuss the operation or conduct of any department head or employee and to recommend an investigation and report by the Manager of any complaint. Any violation of the provisions of this section by a Councilor shall constitute grounds for forfeiture of office under the provisions of § C3-4.
Establishment. The following departments are hereby established, the head of which shall be appointed by the Town Manager pursuant to § C4-6: Police, Fire, Public Works, and Tax Collector.
Administrative Code; definition of functions and duties of departments. The administrative service of the Town shall, by ordinance, be divided into such other departments or other agencies as are necessary for the proper and efficient management of the affairs of the Town. Said ordinance shall define the function and duties of each Town department or agency and shall be known as the "Administrative Code."
Creation, consolidation, or abolishment of departments or agencies. The Town Council may, by amendment to the Administrative Code Ordinance, create, consolidate, or abolish departments or agencies and define or alter their functions and duties. The head of each department or agency established by the Administrative Code shall have and exercise supervision and control of his department or agency and the employees therein, subject to the authority of the Manager, and shall have the power to prescribe rules and regulations not inconsistent with general law, this Charter, the Administrative Code, and the rules and regulations of the Personnel Plan, provided that the Manager shall establish a progressive disciplinary code for all departments and agencies which shall be included under the Personnel Code under § C6-2. A copy of all departmental rules and regulations promulgated under this section shall be on file in the office of the Town Clerk and appropriate departments.
Editor's Note: The Employee Handbook is on file in the Manager's office.
The Town Council shall engage as needed such attorneys as are deemed in the best interest of the Town to provide legal advise to the Council, Manager, Town departments, boards, and other agencies, and represent the Town in any legal proceeding, criminal prosecutions, and traffic violations. Such attorneys shall on Council direction perform any other duties prescribed by this Charter or by ordinance.
Treasurer. The Town Council shall appoint a Treasurer, which position may be full or part time as the Council may determine, who shall have the powers and duties prescribed in this Charter and state law; provided, however, that in making investments of Town funds he shall follow the written investment policy as adopted or modified by the Town Council.
Investment advisor. The Town Council may after inviting requests for proposals and appropriate verification of qualifications, experience, and integrity, retain the services of an investment advisor to advise the Council on adoption of a written investment policy and to make periodic recommendations to the Council on its modification. Said policy shall contain investment goals, strategies, and permissible investments under state law, criteria for depository institutions, and such other matters as are deemed appropriate and necessary to maintain the security of, liquidity of, and return on invested Town funds.
Collection, accounting, deposit, and reporting of revenues and expenditures. The Town Manager shall be responsible for the collection, accounting, deposit, and periodic reporting of all Town revenues and expenditures in a secure and business-like manner in accordance with generally accepted accounting practices.
Audit. The Town Council, after inviting requests for proposals and appropriate verification of qualifications, experience, and integrity, shall select a certified public accountant or firm of same who shall perform an annual audit of all Town financial transactions after the close of each fiscal year.
Content of audit. Said audit shall include all revenues, expenditures, and accounts maintained by any officer, elected or appointed, agency, board, commission or recipient of Town funds; may include a compliance audit to insure conformity with any state or federal laws and regulations and Town work program and policies; and shall include a management letter setting forth recommendations for changes and improvements in finance management systems as is deemed necessary.
Retaining auditors. For purposes of cost and efficiency, an auditor may be retained for a period of years, but request for proposals shall be sought at least once every five years.
Audits greater than annual frequency. Nothing contained herein shall prohibit the Town Council from ordering an entire audit, partial audits, or interim audits more frequently than once per year, as it may deem prudent.
Summaries of annual audits. Summaries of annual audits, in accordance with state law, shall be printed in the annual Town Report, and complete copies shall be available for public inspection and copying in the Town office during normal business hours. If a summary of an annual audit is not available for printing in the Town Report, said summary shall be available at the Town meeting or as soon thereafter as possible.