The chief administrative officer of the Town shall be the Town
Administrator (hereinafter called the "Administrator"). The Administrator
shall be appointed by the Town Council upon the affirmative vote of
at least five members of the Council. The Administrator shall hold
office at the pleasure of the Town Council. The Town Council shall
fix the Administrator's salary and terms of employment.
[Amended 3-14-1995; 3-12-2013]
The Administrator shall be appointed solely on the basis of
qualifications for the office, with special reference to education,
training and previous experience in public or private office. The
Administrator need not be a resident of the Town or of the State of
New Hampshire unless contractually obligated. The Administrator shall
devote full time to the office and shall not hold any other public
office, elective or appointive, except as authorized by this Charter,
nor engage in any other business or occupation unless with the approval
of the majority of the Town Council.
During the budgetary process following the first anniversary
of the Administrator's service to the Town and during each subsequent
budgetary process, the Town Council shall conduct an evaluation of
the Administrator's performance in office. After such evaluation,
the Town Council shall determine whether the Administrator's
overall performance in office has been satisfactory or unsatisfactory.
The Town Council shall also establish the Administrator's compensation
for the ensuing year.
(A)
The Administrator may be removed by a majority vote of all members
of the Town Council as herein provided. The Town Council shall adopt
a resolution stating its intention to remove the Administrator and
the reasons therefor, a copy of which shall be served on the Administrator.
Immediately upon delivery to the Administrator of the resolution stating
the intent of the Town Council, the Administrator shall be relieved
of office and all further duties.
(B)
The Administrator may reply thereto in writing within 10 days and,
upon request, shall be afforded a public hearing which shall occur
not earlier than 10 days nor later than 15 days after such hearing
is requested. After the public hearing, if one is requested, and after
full consideration, the Town Council, by majority vote of all its
members, may adopt a final resolution of removal. The Administrator
shall continue to receive full salary until the effective date of
a final resolution of removal. The action of the Town Council in removing
the Administrator shall be final. During the period between adoption
of a resolution under Paragraph (A) of this section and final action
under Paragraph (B), the Town Council shall, by majority vote of all
its members, appoint an interim Administrator to serve at the will
of the Town Council for not more than 90 days. If a final resolution
of removal is not adopted, the Administrator shall resume office forthwith.
(A)
Whenever by reason of sickness, absence from the Town or other unexpected
cause the Town Administrator shall be unable to perform the duties
of the office for a period of three successive working days or more,
the Town Council shall appoint an Acting Town Administrator.
(B)
The Acting Administrator shall have all the powers and perform all
the duties of the Administrator except to the extent that said powers
and duties may be specifically restricted by Town Council resolution.
The Acting Administrator shall be paid such salary for services hereunder
as may be prescribed by the Town Council.
(A)
The Administrator shall be the chief administrative officer of the
Town, shall supervise and be responsible for the administrative and
financial affairs of the Town and shall carry out the policies enacted
by the Council. The Administrator 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 general state laws governing administration of the Town. The Administrator
shall supervise and direct the administration of all Town departments
and personnel therein.
(B)
Except as otherwise provided by this Charter, the Administrator shall
appoint upon merit and fitness alone and may remove all officers and
employees of the Town, subject to the provisions of pertinent statutes
and the Administrative Code.[1] Appointment of officers and employees who report directly
to the Town Administrator shall be subject to confirmation by vote
of the Town Council.
(C)
The Administrator shall fix the compensation of all Town officers
and employees appointed by the Administrator, within the limits established
by existing appropriations.
(D)
The Administrator shall have full jurisdiction over the rental and
use of all Town facilities under the Administrator's control.
The Administrator shall be responsible for the maintenance and repair
of all Town property under the Administrator's control, within
the limits of existing appropriation.
(E)
The Administrator shall keep a full and complete inventory of all
property of the Town, both real and personal.
(F)
The Administrator shall be responsible for purchasing all supplies,
material and equipment for all departments and activities of the Town.
(G)
The Administrator shall keep the Town Council informed of the needs
of the Town and make such reports and recommendations as the Administrator
may deem advisable or as the Council, as provided by this Charter
or by ordinance, shall direct.
(H)
The Administrator shall have and perform such other powers and duties
not inconsistent with the provisions of this Charter as now are, or
may be, conferred or imposed upon the Administrator by ordinance or
by general state laws. The Administrator shall have the right to take
part in the discussion of all matters before the Town Council but
not the right to vote.
The Town Council shall act in all matters as a body. Members
of the Council shall not seek individually to influence the official
acts of the Town Administrator or any other officers; or to direct
or request, except in writing, the appointment of any person to, or
removal from, office; or to interfere in any way with the performance
by such officers of their duties. Any member of the Town Council violating
the provisions of this section, as determined through procedures established
in this Charter, shall forfeit the office.
(A)
There shall be appointed by the Administrator, subject to confirmation
by vote of the Town Council, a Police Chief, a Fire Chief, a Health
Officer, one or more Assessors, Town Attorney, a Tax Collector and
such other officers as may be necessary to administer all departments
which this Charter and the Town Council shall establish. Assessors
shall, prior to appointment, have demonstrated knowledge of property
appraisal or assessment and of the laws governing the assessment and
collection of property taxes. The powers and duties of appointed officers
and heads of departments shall be those prescribed by state law, by
the Charter or by ordinance.
(B)
The Town Council may engage as needed such other attorneys as are
deemed in the best interest of the Town or to provide legal advice
to the Town Council.
The Town shall have departments, divisions, boards or committees
as may be established by this Charter or as the Town Council may establish
by ordinance. It shall be the duty of the Administrator to draft and
to submit to the Town Council, within nine months after assuming office,
an ordinance consistent with this Charter to be titled as the "Administrative
Code" which provides for the division of the administrative service
of the Town into departments or agencies and defines the functions
and duties of each.[1] The ordinance shall include, subject to any collective
bargaining agreements that may be agreed upon, provisions for a merit
plan to ensure that all appointments and promotions in the service
of the Town shall be made solely on the basis of merit and only after
appropriate examination or review of the applicants' relative
knowledge, skills, abilities and experience and provisions governing
discipline and dismissal of personnel. Subsequent to the adoption
of such ordinance, upon recommendation of the Administrator, the Town
Council by ordinance may amend it to create, consolidate or abolish
departments, agencies or other divisions of the Town, define the functions
and duties of each, or otherwise amend it. The chief officer of each
department shall have supervision and control of such department and
shall have the power to prescribe rules and regulations for the conduct
of such department, not inconsistent with general law, this Charter,
the Administrative Code, and the provisions of the merit plan. Prior
to adoption of the Administrative Code, the Administrator shall have
the power to establish temporary rules and regulations to ensure economy
and efficiency in the several divisions of Town government.
There shall be a Town Clerk, elected for a term of three years.
The Town Clerk shall have such authority and perform such duties as
provided by state law. Vacancy in the office of Town Clerk shall be
filled in accordance with state law.
