A follow up to AI: How can a New Hampshire municipal Town Manager be removed? the post focused on two different RSA’s
37:3 Qualifications of Manager and Authority of Selectmen.
49-D Town Council-Town Manager. –
The key point is that RSA 37:3 and RSA 49-D:2 are not competing provisions. For a New Hampshire town operating under the town-council/town-manager form of government, RSA 49-D:2 specifically incorporates the standards of RSA 37.
RSA 37:3 expressly says that a manager is subject to the direction and supervision of the selectmen and may be removed by a majority vote for cause.
RSA 49-D:2, however, is written specifically for a town-council/town-manager charter. It requires the charter to provide for appointment of the chief administrative officer by the town council, and says the manager must have the same qualifications, authority and responsibilities and “similar job security” as a manager under RSA 37.
The important difference: “same” vs. “similar”
This is where the wording gets interesting.
RSA 49-D:2 does not say:
“shall enjoy the same job security as town managers under RSA 37.”
It says:
“enjoy similar job security as town managers under RSA 37.”
So there is a textual distinction.
By contrast, for qualifications, authority and responsibility, 49-D:2 says:
- “same basis”
- “same qualifications”
- “same authority”
- “responsibility”
But for job security, it deliberately says “similar job security.”
That means you should not automatically assume that the removal language in RSA 37:3 literally transfers word-for-word into every 49-D town charter.
But there is another very important provision
RSA 49-D:3(I)(a) provides that when a town adopts the town-council form, all powers and duties of selectmen conferred by statute or the Constitution are transferred to the town council, subject to the statute and charter.
So the statutory structure is essentially:
RSA 37:3
→ establishes the traditional town-manager standard, including removal for cause by the governing body.
RSA 49-D:2
→ requires a 49-D town manager to have substantially equivalent qualifications, authority, responsibilities and similar job security.
RSA 49-D:3(I)(a)
→ gives the town council the powers and duties that selectmen would otherwise have under statute.
That is why you have to read RSA 37, RSA 49-D, and the specific town charter together.
One more significant point for Londonderry
The current language of RSA 49-D:2 was amended in 2023. The Legislature specifically changed the statute to its current town-council/town-manager structure. The amendment became effective October 3, 2023.
So if you’re investigating exactly how Shaun Mulholland can be removed as Londonderry Town Manager, I would not stop at these two RSAs.
The decisive question becomes:
What does the Londonderry Town Charter say about the Town Manager’s appointment, supervision, removal and employment?
That charter language could determine whether the Council needs cause, a particular vote, notice/hearing, compliance with an employment agreement, or some combination of those.
Londonderry Town Charter Town Manager §3.02 Removal:
The Manager may be reprimanded or removed by the affirmative vote of at least four (4) members of the Council as herein provided. At least thirty (30) days before the proposed reprimand or removal of the Manager, 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 Manager, who may, within ten (10) days, demand a public hearing, in which event the Manager shall not be reprimanded or removed until such public hearing has been held.
There is clearly a distinction between the two RSA’s
Reelated Posts:
AI: How can a New Hampshire municipal Town Manager be removed?
Legal Opinion On Dismissing the Town Manager
The Dismissal of Town Manager Shawn Mulholland