ARTICLE 4
Administration of Government
Sec. 4.1. Town Administrator.
The chief administrative officer of the Town shall be the Town Administrator (hereinafter called the "Administrator"). Council shall appoint as Administrator, a person who receives the votes of at least five (5) members of the Council. The Administrator shall serve at the pleasure of the Council for a fixed term of employment not to exceed three years. The seated Administrator may be reappointed for subsequent terms by a favorable vote of at least five councilors. Council shall fix Administrator's salary and other terms of employment.
Sec. 4.2. Qualifications.
The Administrator shall be chosen solely on the basis of executive and administrative qualifications and experience and need not be a resident of the Town or the state at the time of appointment.
Sec. 4.3. Reprimand or Removal from Office.
The Administrator may be reprimanded or removed for cause by the affirmative vote of at least five (5) members of the Council.
Sec. 4.4. Acting Administrator.
If the Administrator is unable to act for any cause, Council may declare the office temporarily vacant and may appoint an Acting Administrator. The Acting Administrator shall serve for not more than ninety (90) days or such lesser time as Council determines. If the position is still vacant after ninety (90) days, Council shall evaluate the temporary vacancy. If it appears that the vacancy shall continue for more than another ninety (90) days, then the Council shall initiate a search for a permanent replacement.
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 one additional term of ninety (90) days.
Sec. 4.5. Powers and Duties of Administrator.
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. S/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. S/He shall supervise and direct the administration of all of the Town departments and personnel therein. S/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 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 requiring of him/her;
- the rental and use of all Town facilities under his/her control;
- the maintenance and repair of all Town property under his/her control;
- a full and complete inventory of all property of the Town, both real and personal;
- 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;
- to appoint upon merit and fitness alone, and to remove, all subordinate officers and employees under his/her control, and to fix all subordinate officers and employees compensation other than department heads.
S/He shall perform such other duties as may be prescribed by this Charter or required of him/her by ordinance or resolution of the Council, not inconsistent with this Charter. S/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. S/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.
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.
Sec. 4.6.A. Disciplinary Action.
The Administrator, for just cause, may suspend or dismiss said officers or other 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 said officer or department head of written specification of the reasons therefore. The said department head or officer involved may within five (5) days demand a hearing before the Council. The Administrator may suspend said officer or department head from duty during said period with or without pay. Such hearing shall be either private or public, allowed under RSA Chapter 91-A, at the aggrieved party's request. The Council, by a vote of the majority, may override the Administrator's decision. By a vote of the majority, the Council may direct the administrator to dismiss or suspend any officer or department head.
Sec. 4.7. Non-Interference with Town Administration.
Except as expressly provided elsewhere in this Charter, no councilor shall direct or request the appointment of any person to office or employment; removal; suspension; discipline; or adjustment in pay, benefits, or working condition; by the Administrator of any of the town department heads. However, nothing in this charter shall be construed to prohibit the council, as a body, from exercising any powers granted to it by statute or charter. Furthermore the council may, by majority vote, overrule any action or lack of action normally under the control of the administrator. Councilors may act as liaison with the Administrator on behalf of their constituents.
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 except that the council chairman may direct any employee who is charged with assisting in the conduct of council business. 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 nor shall anything in this section be deemed to prohibit any councilor and/or any employee from discussing the operations of the Town government. Any violation of the provisions of this section by a Councilor shall constitute grounds for forfeiture of office under the provisions of Sec. 3.2.
Sec. 4.8. 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". 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.
Sec. 4.9. Treasurer.
The Town Council shall appoint, based on merit and fitness, a Treasurer who 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.
Sec. 4.10. Tax Collector.
The Town Council shall appoint, based on merit and fitness, a Tax Collector who shall have the powers and duties prescribed by this Charter and state law.
Sec. 4.11. Overseer of the Public Welfare.
The functions, duties and responsibilities of the office of Overseer of the Public Welfare shall be carried out by a Town employee designated by the Town Administrator.
Sec. 4.12. Trustees of the Library.
There shall be five (5) Library Trustees elected on an at-large basis, who shall serve for a three (3) year term and be responsible for carrying out all duties prescribed by the law for said Trustees.
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