NEW HAMPSHIRE MUNICIPAL ASSOCIATION. The Role of the Clerk in Town or City Government. C. Christine Fillmore Staff Attorney, NH Municipal Association September 13, 2013. Agenda. General principles Employees v. Officials
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C. Christine Fillmore
Staff Attorney, NH Municipal Association
September 13, 2013
Employees v. Officials
Relationship between Clerks and town or city governing bodies/executive officers
In cities, the chief administrative officer has the power to appoint and remove all officers, including city clerk, RSA 49-C:18.
Look to the city charter for specifics on supervision, payment, review and other oversight by chief administrative officer
Does this mean that the town clerk has no recourse at all?
No – even if the appropriation initially requested doesn’t make it to the final proposed budget, clerk can still make a case at town meeting/deliberative session to restore what was asked for originally.
Appointed by clerk in towns, with approval of governing body (veto power) RSA 41:18
Appointed by chief administrative officer or according to charter in cities, RSA 48:6, RSA 49-C:18, :20, :21.
No term specified for deputies in the law
Deputy is qualified in the same manner as the clerk (i.e., the deputy must be eligible to hold the clerk’s position)
Deputy performs all the duties of the clerk if the clerk is absent or the clerk’s position is vacant
Neither governing body nor clerk has ultimate authority over everything
There is a balance of powers
Cooperation on both sides is the most productive way to go
Why are you all there? To serve.