A question for AI: How can a New Hampshire municipal Town Manager be removed?<\/p>\n\n\n\n
In New Hampshire, the removal process for a town manager depends primarily on the town’s form of government and its charter<\/strong>. For a municipality operating under the traditional RSA 37 town-manager system, the governing body has substantial authority.<\/p>\n\n\n\n Under RSA 37:3<\/strong>, the town manager:<\/p>\n\n\n\n So, where RSA 37 applies, the basic mechanism is:<\/p>\n\n\n\n Selectmen \u2192 majority vote \u2192 removal for cause.<\/strong><\/p>\n\n\n\n The statute does not<\/strong> require the voters at Town Meeting to vote to remove the manager.<\/p>\n\n\n\n That’s an important distinction.<\/p>\n\n\n\n RSA 37:3 expressly says “for cause.”<\/strong> Possible grounds could include things such as:<\/p>\n\n\n\n The governing body should have a defensible factual record supporting the stated cause, particularly because a disputed termination can lead to litigation.<\/p>\n\n\n\n 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<\/em>, 113 N.H. 667 (1973). New Hampshire Municipal Association<\/a><\/p>\n\n\n\n This is particularly important for Londonderry<\/strong>.<\/p>\n\n\n\n New Hampshire’s local-option town-charter law, RSA 49-D:2<\/strong>, 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<\/strong>. General Court of New Hampshire<\/a><\/p>\n\n\n\n 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.<\/strong><\/p>\n\n\n\n If you’re asking specifically about Londonderry Town Manager Shaun Mulholland<\/strong>, I would look at three things together:<\/p>\n\n\n\n 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.<\/strong><\/p>\n\n\n\n One especially important point is that the Town Council chairman does not necessarily have unilateral authority to remove a town manager<\/strong>. The authority belongs to the body or official designated by the governing law\/charter, not automatically to its chairman.<\/p>\n\n\n\n I dug into the current Londonderry Town Charter<\/strong> and Shaun Mulholland’s actual employment agreement effective June 1, 2025<\/strong>. The documents are unusually specific, and they answer your questions fairly clearly.<\/p>\n\n\n\n Shaun Mulholland can be removed by the Londonderry Town Council \u2014 not by the chairman acting alone and not by the voters at Town Meeting.<\/strong><\/p>\n\n\n\n The removal requires:<\/p>\n\n\n\n There is an important wrinkle concerning “cause.”<\/strong> The charter and his contract together indicate that the Council does not have to establish contractual “cause” to terminate him<\/strong>, but the Council nevertheless must state reasons for the proposed removal in its resolution.<\/p>\n\n\n\n The Town Council as a body.<\/strong><\/p>\n\n\n\n Londonderry Charter \u00a74.1 says:<\/p>\n\n\n\n “The Manager shall serve at the pleasure of the Council.”<\/p>\n<\/blockquote>\n\n\n\n The current town website likewise describes the Town Manager as being “appointed by and serves at the pleasure of the Town Council.” Londonderry NH<\/a><\/p>\n\n\n\n This is significant because the chairman does not have unilateral removal authority<\/strong>.<\/p>\n\n\n\n The current Council has five members, so the charter’s requirement of four affirmative votes<\/strong> means a four-member supermajority is required.<\/p>\n\n\n\n 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<\/a><\/p>\n\n\n\n So, for example:<\/p>\n\n\n\n1. Traditional RSA 37 town-manager system<\/h3>\n\n\n\n
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2. What does “for cause” mean?<\/h3>\n\n\n\n
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3. Towns with a Town Council\u2013Town Manager charter<\/h3>\n\n\n\n
4. The critical question for Londonderry<\/h3>\n\n\n\n
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Bottom line<\/h3>\n\n\n\n
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\n\n\n\n1. Who has the power to remove him?<\/h2>\n\n\n\n
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