The chief administrative officer of the City shall be called
the Manager. The Council shall appoint as Manager for an indefinite
term, and fix the salary of, a qualified person who receive the votes
of at least a majority of the Council. The first Council elected under
this Charter shall appoint a Manager within three months after the
effective date of this Charter. (RSA-C:17) (Amended by referendum
11-2-2010, 3,334 yes, 1,235 no, effective 7-1-2011)
The Manager shall be chosen solely on the basis of the applicant's
executive and administrative qualifications, but the Manager need
not be a resident of the City or the state at the time of appointment. (RSA 49-C:17) (Amended by referendum 11-2-2010, 3,334 yes, 1,235
no, effective 7-1-2011)
The manager may be removed by a majority vote of the members
of the council as herein provided. At least 30 days before the proposed
removal of the manager, the council shall adopt a resolution stating
its intention to remove the manager and the reasons therefor, a copy
of which shall be served forthwith on the manager who may, within
10 days, demand a public hearing in which event the manager shall
not be removed until such public hearing has been held. Upon or after
passage of such a resolution the council may suspend the manager from
duty, but the manager shall continue to receive pay until removal.
In case of such a suspension the council may appoint an acting manager
to serve at the pleasure of the council for not more than 90 days.
The action of the council in removing the manager shall be final. (RSA 49-C:17) (Amended by referendum 11-2-2010, 3,334 yes, 1,235
no, effective 7-1-2011)
The Manager shall supervise the administrative affairs of the
City and shall carry out the policies enacted by the Council. The
Manager shall be charged with the preservation of the public peace
and health and safety of persons and property and shall see to the
enforcement of the ordinances of the City, this Charter, and the laws
of the state. The Manager shall keep the Council informed of the condition
and needs of the City and shall make such reports and recommendations
as the Manager may deem advisable, and perform such other duties as
may be prescribed by this charter, or required of the manager by ordinance
or resolution of the Council, not inconsistent with this Charter.
The Manager shall have and perform such other powers and duties not
inconsistent with the provisions of this Charter as now are or hereafter
may be conferred or imposed upon the Manager by municipal ordinance
or upon mayors of cities by general law. The Manager shall have the
right to take part in the discussion of all matters coming before
the Council, but not the right to vote. (RSA 49-CA:16, 49-C:18)
(Amended by referendum 11-2-2010, 3,334 yes, 1,235 no, effective 7-1-2011)
The Manager shall have power to appoint and remove, subject
to the provisions of this Charter, all officers and employees in the
administrative service of the City, but the Manager may authorize
the head of a department or office who is responsible to the Manager
to appoint and remove subordinates in such department or office. All
such appointments shall be without definite term unless for provisional,
temporary or emergency service not to exceed the maximum periods which
may be prescribed by the rules and regulations of the merit plan.
The members of the Planning Board, Zoning Board of Adjustment, Building
Code Board of Appeals and Parks and Recreation Commission shall be
appointed by majority vote of the City Council with such terms, number
of members, powers and duties as prescribed by state law, by this
Charter or by ordinance. (RSA 49-C:18) (Amended and passed 11-4-1975
by referendum; amended by referendum 11-2-2010, 3,334 yes, 1,235 no,
effective 7-1-2011)
Neither the Council nor any of its members shall direct or request,
except employment, or his removal therefrom, by the Manager or any
of the administrative officers. Neither the Council nor any member
thereof shall give orders to any of the administrative officers, either
publicly or privately, but they may make suggestions and recommendations.
Any Councilor who violates the provisions of this section shall forfeit
the office of Councilor as of the date the council determines by majority
vote that such violation occurred. (RSA 49-C:19) (Amended and
passed 11-4-1975 by referendum; amended by referendum 11-2-2010, 2,742
yes, 1,321 no, effective 7-1-2011)
There shall be appointed by the Manager, three Assessors, a
City Clerk, Treasurer, Fire Chief, City Solicitor, members of the
Housing Authority, and overseer of the poor, and such other officers
as are necessary to administer all departments which the Council shall
establish, which departments shall replace all existing departments,
boards, and commissions. The powers and duties of these officers and
heads of departments so appointed shall be those prescribed by state
law, by this Charter or by ordinance. (RSA 49-C:20) (Amended
by referendum 11-2-2010, 2,213 yes, 1,844 no, effective 7-1-2011)
The first Manager under this Charter shall draft and submit
to the Council within nine months after assuming office an ordinance
dividing the administrative service of the City into departments,
divisions, and bureaus and defining the functions and duties of each.
After the adoption of that ordinance, upon recommendation of the Manager,
the Council, by ordinance, may create, consolidate, or abolish departments,
divisions, and bureaus of the City and define or alter their functions
and duties. Such ordinances shall be known as the "administrative
code." Officers shall have supervision and control of their respective
departments and the employees therein and shall have power to prescribe
rules and regulations, not inconsistent with general law, this Charter,
the administrative code, and the rules and regulations of the merit
plan. Pending passage of such code, the Manager may establish temporary
regulations. (RSA 49-C:21) (Amended by referendum 11-2-2010,
3,334 yes, 1,235 no, effective 7-1-2011)
The administrative code shall establish purchasing and contract
procedure, including the assignment of all responsibility for purchases
to a single person, the combination of purchasing of similar articles
by different departments and purchasing by competitive bids wherever
practical. (Amended by referendum 11-2-2010, 3,334 yes, 1,235
no, effective 7-1-2011)
