Article 04: Administration of Government

Sec. 4.1.        Town Administrator.

The chief administrative officer of the town shall be the Town Administrator (hereinafter called the "Administrator") who shall be a full-time regular employee of the Town. The Council shall appoint a person especially qualified by experience and training, who receives the votes of at least five (5) members of the Council, to be Administrator. The Administrator shall serve at the pleasure of the Council, which shall fix the Administrator's salary and terms of employment. (Sec. 4.1 amended by Article 3 on the March 8, 1994 Town Election ballot)

Sec. 4.2.        Qualifications.

The Administrator shall be chosen solely on the basis of executive and administrative qualifications and need not be a resident of the town or the state at the time of appointment. The Council may reimburse the Administrator for reasonable relocation costs in connection with his establishing residence in the town.

Sec. 4.3.        Reprimand or removal from office.

The Administrator may be reprimanded or removed for cause by the affirmative vote of at least six (6) members of the Council as herein provided. At least thirty (30) days before the proposed reprimand or removal of the Administrator, 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 Administrator, who may, within ten (10) days, demand a public hearing, in which event the Administrator 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 Administrator from duty, but his pay shall continue until removal. In case of such suspension, the Council shall, by the affirmative vote of the Council, appoint an Acting Administrator to serve at the pleasure of the Council for not more than ninety (90) days. The action of the Council in removing the Administrator shall be final. (Sec. 4.3 which was Article 3 on the March 10, 2020 Town Election ballot FAILED – 773 No votes, 717 yes votes)

Sec. 4.4.        Acting Administrator.

If the Administrator is determined by a vote of at least six (6) members of the Council 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 thirty (30) days from such determination, appoint an Acting Administrator in the same manner as in 4.3 who shall serve for not more than ninety (90) days or such lesser time until the disability shall be relieved. 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 Council resolution. Said Acting Administrator shall be paid such salary for his services hereunder as may be prescribed by the Town Council. The Acting Administrator may be reappointed for an additional term of ninety (90) days. By a vote of at least six (6) Councilors, the Council may determine from credible medical or other evidence that the Town Administrator is incapacitated and unable to perform any or all duties of his office, and the office may be declared vacant.

Sec. 4.5.        Powers and Duties of Administrator.

A.  The Administrator 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:

(a)  Maintaining accounting control over the finances of the town.

(b)  Making financial reports and performing such other related duties as may be required by the Administrative Code.

(c)  Assuring the audit and approval of all authorized claims against the town before paying the same.

(d) 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.

(e)  Managing the rental and use of all town facilities under his control.

(f)   Managing the maintenance and repair of all town property under his control.

(g)  Keeping a full and complete inventory of all property of the town, both real and personal.

(h)  Convening the Chairmen of the administrative committees as may be appropriate to discuss matters of common concern.
(Sec. 4.5A subsections (e) through (g) above amended by Articles 8-10 on the March 10, 1998 Town Election ballot).  (Sec. 4.5 (h) amended by Article 4 on the March 10, 2020 Town Election ballot)

B.  He shall perform such 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 and duties 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.

Sec. 4.6.        Appointment of department heads; suspension; appeal.

The Administrator 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 the advice and consent of the Council. The Administrator, 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 Administrator's presentation to the department head of a written specification of the reasons therefor at least ten (10) days before said action is taken. Said department head involved may, within five (5) days, demand a hearing before the Council, in which event the department head shall not be removed until such hearing has been held. The Administrator 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 91-A, at the aggrieved party's request. The Council, by two-thirds vote, may override the Administrator's decision.

Sec. 4.7.        Non-interference with Town Administration.

A.  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 Administrator of any of the town department heads.

B.  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 Administrator to discuss the operation or conduct of any department head or employee and to recommend an investigation and report by the Administrator 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 3.4.

Sec. 4.8.        Departments.

A.  The following Departments are hereby established, the heads of which shall be appointed by the Town Administrator pursuant to 4.6: Police, Public Works, Business Management, Planning and Community Development, Zoning and Code Enforcement, and Fire Department. (Sec. 4.8A amended by Article 4 on the March 8, 1994 Town Election ballot and by Article 11 on the March 10, 1998 Town Election ballot)

B.  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."  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 Administrator, 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 Administrator alone shall establish a progressive disciplinary code for all departments and agencies. A copy of all departmental rules and regulations promulgated under this section shall be on file in the office of the Town Clerk. Unless otherwise provided in this Charter, each officer, department head, board or other agency shall recommend to the Administrator for hire his or their deputies, clerks, assistants and subordinates, who shall be deemed hired unless expressly rejected for hire by the Administrator within five (5) days of the Administrator's receipt of the recommendation for hire. Unless otherwise provided in this Charter, each officer or department head shall have the power to dismiss, suspend or demote his deputies, clerks, assistants and subordinates serving under his supervision or control, subject to appeal to the Town Administrator.

Sec. 4.9.        Town attorney.

The Town Council shall engage as needed such attorneys as are deemed in the best interest of the town to provide legal advice to the Council, Administrator, town departments, boards and other agencies and represent the town in any legal proceedings, criminal prosecutions and traffic violations. Such attorneys shall, on Council direction, perform any other duties prescribed by this Charter or by ordinance.

Sec. 4.10.      Fiscal Affairs: Treasurer; Investment Advisor; Finance Management; Audit.

A.  A Town Treasurer shall be elected at a Town election by the voters of the Town by ballot pursuant to the applicable provisions of State law.  The Town Treasurer shall have the powers and duties prescribed by 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, acting with the advice of the investment advisor. (Sec. 4.10A amended by Article 12 on the March 10, 1998 Town Election ballot)

B.  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, 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.

C.  With the exception of those duties charged to the Town Tax Collector pursuant to the State Law, the Town Administrator 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 through the Department of Business Management.  (Sec. 4.10 C amended by Article 13 on the March 10, 1998 Town Election ballot)

D.  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 the same who shall perform an annual audit of all town financial transactions after the close of each fiscal year. 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 ensure conformity with any state or federal laws and regulations and town work programs and policies; and shall include a management letter setting forth recommendations for changes and improvements in finance management systems as are deemed necessary. For purposes of cost and efficiency, an auditor may be retained for a period of years, but requests for proposals shall be sought at least once every five (5) years, and a new auditor shall be selected at least every ten (10) years. 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, when available in a timely manner, 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 made available at the Town Report Meeting or as soon thereafter as practicable.  

Sec. 4.11.      Town Clerk/Tax Collector.

A Town Clerk/Tax Collector shall be elected for a three-year term at a Town election by the voters of the Town by ballot pursuant to the applicable provisions of state law. The Town Clerk/Tax Collector shall have the powers and duties prescribed by state law pertaining to Town Clerks and Town Tax Collectors. (Sec. 4.11amended by Article 14 on the March 10, 1998 Town Election ballot and amended by Article 5 on the March 10, 2020 Town Election ballot)