A question for AI: How can a New Hampshire municipal Town Manager be removed?
In New Hampshire, the removal process for a town manager depends primarily on the town’s form of government and its charter. For a municipality operating under the traditional RSA 37 town-manager system, the governing body has substantial authority.
1. Traditional RSA 37 town-manager system
Under RSA 37:3, the town manager:
- is subject to the direction and supervision of the selectmen;
- holds office “at the will” of the selectmen; and
- may be removed by a majority vote of the selectmen at any time for cause. General Court of New Hampshire
So, where RSA 37 applies, the basic mechanism is:
Selectmen → majority vote → removal for cause.
The statute does not require the voters at Town Meeting to vote to remove the manager.
2. What does “for cause” mean?
That’s an important distinction.
RSA 37:3 expressly says “for cause.” Possible grounds could include things such as:
- neglect of official duties;
- misconduct;
- failure to follow lawful direction of the governing body;
- serious administrative failures;
- violation of law or municipal rules;
- other documented conduct providing a legitimate basis for removal.
The governing body should have a defensible factual record supporting the stated cause, particularly because a disputed termination can lead to litigation.
The New Hampshire Municipal Association also specifically notes that, in a town-manager municipality, the authority to appoint municipal employees under RSA 37:6 can carry with it removal authority, citing Marsh v. Hanover, 113 N.H. 667 (1973). New Hampshire Municipal Association
3. Towns with a Town Council–Town Manager charter
This is particularly important for Londonderry.
New Hampshire’s local-option town-charter law, RSA 49-D:2, provides that a town with the town-council/town-manager form must have a chief administrative officer called a town manager (or similar title), and that the manager is to have authority and job security similar to managers under RSA 37. General Court of New Hampshire
That means you cannot simply assume that the RSA 37 procedure applies word-for-word to every town. The town’s actual charter and ordinances need to be examined.
4. The critical question for Londonderry
If you’re asking specifically about Londonderry Town Manager Shaun Mulholland, I would look at three things together:
- Londonderry Town Charter
- Londonderry’s Town Council rules/procedures
- Mulholland’s employment agreement
Those documents can establish who actually has the authority to terminate him, what vote is required, whether “cause” is required, and whether notice/hearing or contractual procedures apply.
One especially important point is that the Town Council chairman does not necessarily have unilateral authority to remove a town manager. The authority belongs to the body or official designated by the governing law/charter, not automatically to its chairman.
I dug into the current Londonderry Town Charter and Shaun Mulholland’s actual employment agreement effective June 1, 2025. The documents are unusually specific, and they answer your questions fairly clearly.
Bottom line
Shaun Mulholland can be removed by the Londonderry Town Council — not by the chairman acting alone and not by the voters at Town Meeting.
The removal requires:
- At least 4 affirmative votes of the 5-member Town Council
- A formal resolution of intent to remove
- The resolution must state the reasons for removal and the proposed effective date
- The resolution must be adopted at least 30 days before the proposed removal
- Mulholland must be served a copy immediately
- He has 10 days to demand a public hearing
- If he demands the hearing, he cannot be removed until that hearing occurs
- The Council can suspend him after adopting the removal-intent resolution, but his salary continues through the removal
- The Council can appoint an Acting Town Manager during a suspension, for up to 120 days. Londonderry NH
There is an important wrinkle concerning “cause.” The charter and his contract together indicate that the Council does not have to establish contractual “cause” to terminate him, but the Council nevertheless must state reasons for the proposed removal in its resolution.
1. Who has the power to remove him?
The Town Council as a body.
Londonderry Charter §4.1 says:
“The Manager shall serve at the pleasure of the Council.”
The current town website likewise describes the Town Manager as being “appointed by and serves at the pleasure of the Town Council.” Londonderry NH
This is significant because the chairman does not have unilateral removal authority.
The current Council has five members, so the charter’s requirement of four affirmative votes means a four-member supermajority is required.
The current Town directory identifies Ron Dunn as Chair, Shawn Faber as Vice Chair, and Ted Combes, Deb Paul and Dan Bouchard as Councilors. Londonderry NH
So, for example:
| Vote | Result |
|---|---|
| 5–0 | Removal authorized |
| 4–1 | Removal authorized |
| 3–2 | Not enough |
| Chair alone | No authority |
| Chair + 1 or 2 councilors | Not enough |
The charter specifically says “at least four (4) members of the Council.” Londonderry NH
2. Does the Council need “cause”?
This is where the documents get particularly interesting.
The charter says the Manager serves “at the pleasure of the Council.”
Section 4.1 does not say “for cause.” Londonderry NH
More importantly, Mulholland’s employment agreement expressly addresses termination without cause.
Section 4 of his contract says:
“The Town may terminate this Agreement with or without cause in accordance with Section 4.4 of the Town Charter.”
The contract then provides a specific financial consequence if the Town terminates him without cause: 90 days of salary, plus qualifying unused leave, and 90 days of COBRA health/dental coverage. Londonderry NH
Therefore, the contract expressly contemplates a lawful termination without cause.
But there’s an important distinction
His contract defines “cause” very narrowly:
- An intentional, reckless, or grossly negligent act or omission connected with his official responsibilities; or
- A judicial officer or grand jury finding of probable cause for a crime. Londonderry NH
If the Council terminates him with contractual cause, there is no contractual severance under §4.
If the Council terminates him without cause, the 90-day payment provisions apply. Londonderry NH
So the Council doesn’t appear to need to prove “cause” in order to remove him.
3. Then why does the charter require “reasons”?
This is the most important procedural distinction.
Charter §4.4 says that at least 30 days before the proposed removal, the Council must adopt a resolution stating:
- its intention to remove the Manager;
- the reasons for the removal; and
- the effective date. Londonderry NH
That does not necessarily mean the reasons must constitute contractual “cause.”
In other words:
“Reasons” ≠ necessarily “contractual cause.”
The contract itself recognizes termination without cause, while the charter requires the Council’s resolution to identify the reasons for its decision.
That creates an important legal distinction:
The Council can apparently remove Mulholland without proving one of the contract’s two definitions of “cause,” but it cannot simply remove him without following the charter’s formal removal procedure and identifying the reasons for its action.
That’s an important distinction if you’re examining whether a particular Council action complied with the charter.
4. The exact removal procedure
Here’s how the process would have to unfold based on the documents.
Step 1 — Council decides to initiate removal
The Council considers removal.
Because the Council is a public body, meetings generally must comply with New Hampshire’s Right-to-Know Law. Personnel dismissal can be discussed in a properly convened nonpublic session under RSA 91-A:3, II(a), subject to the statute’s requirements. General Court of New Hampshire
The Council cannot simply conduct the removal decision through private conversations among councilors.
Step 2 — Council adopts a resolution of intent
This is the key procedural step.
The Council must adopt a resolution stating:
A. Its intention to remove Mulholland
B. The reasons for removal
C. The proposed effective date
And this must occur at least 30 days before the proposed removal date. Londonderry NH
So the Council couldn’t properly vote on Monday:
“We remove the Town Manager effective immediately.”
The charter expressly establishes a 30-day procedure.
Step 3 — The resolution is served on Mulholland
The charter says a copy of the resolution must be served forthwith upon the Manager. Londonderry NH
Step 4 — Mulholland has 10 days to demand a public hearing
This is a significant protection.
Once served, Mulholland has 10 days to demand a public hearing.
If he does so:
The Council cannot reprimand or remove him until that public hearing has occurred. Londonderry NH
The charter does not merely give him an opportunity to attend a hearing. It says the removal shall not occur until the hearing has been held.
5. Can the Council suspend him while this is happening?
Yes.
The charter specifically permits this.
After the Council adopts the resolution of intent to remove, the Council may suspend the Manager from duty.
But there is an important financial protection:
His pay must continue until removal.
The charter says that if he is suspended, “the Manager’s pay shall continue until removal.” Londonderry NH
So:
Suspension ≠ termination.
The Council could theoretically say:
“You are relieved of your duties while the removal process proceeds.”
But it couldn’t simply stop his salary at that point.
6. Who runs the town if he is suspended?
The charter provides for an Acting Town Manager.
If Mulholland is suspended, the Council may, by affirmative vote, appoint an Acting Manager.
That person:
- serves at the pleasure of the Council;
- can serve for no more than 120 days under this provision. Londonderry NH
Interestingly, the charter’s separate §4.5 also addresses temporary incapacity or vacancy and permits the Council to appoint an Acting Manager under specified circumstances. Londonderry NH
7. What happens at the final removal vote?
The charter requires:
At least four affirmative votes.
Not simply a majority of those voting.
The language is:
“at least four (4) members of the Council.” Londonderry NH
So assuming all five seats are occupied, 4 votes are necessary.
The chairman does not get an additional or special vote for being chairman.
8. Does the public get to see the vote?
Yes.
New Hampshire RSA 91-A generally requires public bodies’ meetings to be open, subject to statutory nonpublic-session exceptions. It also prohibits secret ballots in open session. General Court of New Hampshire
The Council could potentially discuss personnel matters in nonpublic session under RSA 91-A:3, II(a), but the statute requires a proper motion and roll-call vote to enter nonpublic session. General Court of New Hampshire
That is different from saying that the actual removal vote can simply be hidden from the public.
9. An especially important point about the employment contract
Mulholland’s contract runs from:
June 1, 2025 → May 31, 2028. Londonderry NH
So the existence of a three-year contract does not mean the Council is prohibited from removing him before May 31, 2028.
The contract specifically anticipates early termination.
It says:
“The Town may terminate this Agreement with or without cause in accordance with Section 4.4 of the Town Charter.” Londonderry NH
Thus, the contract and charter work together:
Three-year term + early termination authority + charter removal procedure + contractual severance if without cause.
10. What would a legally compliant removal look like?
Based strictly on the documents I found, the sequence would look approximately like this:
Council meeting
↓
Council properly considers the matter
↓
Council adopts resolution of intent to remove
↓
Resolution identifies:
- intent to remove
- reasons
- effective date
↓
At least 30 days pass
↓
Resolution served on Mulholland
↓
Mulholland has 10 days to demand public hearing
↓
If hearing demanded → public hearing must occur before removal
↓
Council takes final removal action
↓
At least 4 Council members vote affirmatively
↓
Removal becomes effective on the date specified, subject to the charter’s hearing requirements
↓
If without cause → contractual 90-day salary/benefit provisions apply
↓
If with contractual cause → no contractual severance under §4.
One thing I would scrutinize very closely
Given the issues you’ve previously been researching concerning the Town Council’s handling of investigations and legal matters, there is a potentially important question here:
Did the Londonderry Town Council ever adopt a resolution concerning Mulholland under Charter §4.4?
If they did, the resolution should be particularly revealing because §4.4 requires it to state the reasons for the proposed removal and the effective date.
I searched the Town’s publicly indexed material and found the actual employment contract and charter, but I did not find a §4.4 removal resolution in the initial search.