The town manager must be chosen by the council solely on the
basis of character, executive and administrative qualifications with
special reference to actual experience in, or knowledge of, accepted
practice in respect to the duties of office hereinafter set forth,
and may or may not be a resident of the Town of Kittery or of the
State of Maine when appointed, but, while in office, may reside outside
the Town or State only when specified by contract. The council shall
appoint a town manager for an indefinite term unless otherwise specified
by contract, and fix the manager's compensation.
The town manager may be removed or suspended for cause by the
council in accordance with the provisions of Maine law.
(1)
The council must file with the town clerk a written preliminary resolution
setting forth the specific reasons for the proposed removal, a copy
of which must be delivered to the manager within 10 days of filing.
(2)
The manager may, within 20 days of receiving the resolution, reply
in writing and may request a public hearing.
(3)
Upon request for a public hearing the council must hold one not earlier
than 10 days, nor later than 30 days, after the request is filed.
(4)
After the public hearing, or at the expiration of the time permitted
the manager to request the public hearing, if no such request is made,
the council may adopt or reject the resolution of removal.
(5)
The council may suspend the manager from duty in the preliminary
resolution, but in no event may the manager's salary be affected
until the final resolution of removal has been adopted.
(6)
In the event of any conflict with the provisions of Maine law concerning
the removal of the manager, the provisions of Maine law supersede
the provisions of this section.
In the temporary absence or disability of the manager, the manager
shall designate, subject to approval of the council, a properly qualified
person to perform the duties of the manager, and the council shall
fix that person's compensation. While so acting, that designee exercises
the powers and performs the duties of the manager. During such absence
or disability, the council may revoke such designation at any time
and appoint another qualified person to serve until the manager returns.
No member of the council may be appointed to serve as manager during
such absence or disability.
The town manager is the chief administrative officer of the
town, and responsible to the council for the administration of all
town affairs placed in the town manager's charge by or under
this charter, and has the following powers and duties:
The town manager shall:
(1)
Appoint and prescribe the duties of all statutory officials and department
heads and, when necessary for the good of the service, suspend or
remove officials and employees of the town appointed by the manager,
except as otherwise provided under this charter or by law. The manager
may authorize the head of a department or office to appoint, suspend
or remove subordinates in such department or office in accordance
with personnel rules as may be established by ordinance, collective
bargaining agreement, or law of the land. All such action conducted
in accordance with this subsection must be reported to the council;
(2)
Direct and supervise the administration of all departments, offices
and agencies of the town, except as otherwise provided by this charter
or by law;
(3)
Attend all council meetings, except when the manager's removal
is being considered, or when excused by the Town Council, and have
the right to take part in discussion, but may not vote;
(4)
See that all laws, provisions of this charter and acts of the council,
subject to enforcement by the manager or by officials subject to the
manager's direction and supervision, are faithfully executed;
(5)
Prepare and submit the annual proposed budget, incorporating the
capital program, to the council and be responsible for budget administration
after adoption;
(6)
Prepare and submit to the council as of the end of the fiscal year
a complete report on the finances and administrative activities of
the town for the preceding year, and cause such annual report to be
published and made available to the public as promptly as possible
after the close of the fiscal year;
(7)
Make such other reports as the council may require concerning appointments
and the operations of town departments, offices and agencies subject
to the manager's direction and supervision;
(8)
Keep the council fully advised as to the financial condition and
future needs of the town and make such recommendations to the council
concerning the affairs of the town as the manager deems advisable;
(9)
Act as purchasing agent for all departments of the town, except the
school department, and provide, in case of the school department,
for cooperative purchasing arrangements where feasible;
(10)
Prepare an administrative code, submit it to the council, and
be responsible for its administration after adoption;
(11)
Assist insofar as possible residents and taxpayers in discovering
the remedial processes in cases involving complaints of unfair vendor,
administrative and governmental practices;
(12)
Perform such other duties as are specified in this charter or
may be required by the council; and
(13)
With the consent of the council, serve as the head of one or
more departments, offices or agencies.
