Vermont § 31 - The Town Manager

§ 31. The Town Manager

• (a) Appointment. The Selectboard shall appoint, with no fewer than four (4) affirmative votes, a Town
  Manager. (b) Qualifications. The Town Manager shall be appointed solely on the basis of the person’s executive
  and administrative skills, based on education, training, and experience relative to
  the duties of the Town Manager, and without reference to political belief or personal
  relationships. (c) Term of appointment. The Manager may be appointed for a term of not less than two years and not more than
  five years and may be removed at the pleasure of the Selectboard. (d) Residency. The person appointed as Town Manager must become a resident of Vermont within six
  months of appointment and may be required to become a resident of the Town within
  a period of time judged reasonable by the Selectboard at the time of appointment. (e) Terms and conditions of employment; compensation. The conditions of employment and compensation shall be a matter to be determined at
  the time of appointment, and annually thereafter by the Selectboard on a date convenient
  for the annual budgeting process, after negotiations that may be held in executive
  session between the Town Manager (candidate) and the Selectboard. (f) Town Manager; evaluation. Before the Selectboard determines the subsequent annual compensation of the Manager,
  the Board and Town Manager shall be required to hold an evaluation session in executive
  session, at which the Town Manager shall present management goals for the coming year
  based on townwide goals articulated by the Selectboard, and shall be evaluated by
  the Selectboard regarding performance in relation to such goals set out for the previous
  year, and the Selectboard may also employ commonly used evaluation practices in the
  town management profession. (g) Oath and bond. Before entering into the duties of office, the Town Manager shall be sworn to the
  impartial and faithful performance thereof, with a certificate to that effect to be
  filed with the Town Clerk. The Town Manager shall execute a bond in favor of the Town
  for the faithful performance of the Town Manager’s duties in a sum determined by the
  Selectboard or shall purchase comparable insurance coverage. The premium for said
  surety shall be paid by the Town. (h) Town Manager nonrenewal or removal. The Town Manager’s term of employment may be not renewed without explanation or reason.
  The Town Manager may be removed for cause by the Selectboard, with written reasons
  presented to the Town Manager and an opportunity for a public hearing before the Selectboard
  with not less than four affirmative votes, after the following procedure is followed: (1) The Selectboard shall draft, in executive session, a resolution stating its intent
  to remove the Town Manager. The resolution must state the reasons for removal and
  must be served upon the Town Manager personally, not more than five days from the
  date of drafting. (2) Action by the Selectboard in the removal of a Town Manager shall be final. (i) Acting Town Manager; vacancy in the office. (1) In the event that the Town Manager shall be absent from the Town for a period exceeding
  two consecutive weeks, the Town Manager shall designate an acting Town Manager, subject
  to the advice and consent of the Selectboard, who shall exercise the duties of Town
  Manager. (2) In the event that illness or injury renders a Town Manager unable to discharge the
  Town Manager’s duties for a period exceeding two consecutive weeks, or in the event
  that the Town Manager is suspended or placed on administrative leave, the Selectboard
  shall declare a vacancy in the office and appoint an acting Town Manager to serve
  until such time as the Town Manager is able to assume regular duties or a new Town
  Manager is appointed. (3) An acting Town Manager appointed to fill a declared vacancy in the office shall have
  all the powers and perform all the duties of the Town Manager and shall be compensated
  at a rate as determined by the Selectboard. An acting Town Manager shall not serve
  for more than 180 calendar days unless the Selectboard determines there are extenuating
  circumstances that warrant an extension of that time period. (4) In no case shall a Selectboard member act as Town Manager. (j) Responsibilities and authority of the Town Manager. (1) In general. The Town Manager shall be the chief administrative officer of the Town. The Town Manager
  shall be accountable to the Selectboard for the administration and general supervision
  of all business affairs and property placed in the Town Manager’s charge pursuant
  to this charter, State statute, or otherwise. (2) Limits to authority in general. (A) In addition to the limits on authority enumerated in State statutes, authority of
  the Town Manager shall in no way extend to: (i) the calling or administration of elections; (ii) the assessment of taxes or property valuation judgments; (iii) judicial or legislative functions of the Selectboard or other Town public bodies; (iv) direct supervision of the Town Clerk or Town Treasurer in statutory duties except
  as otherwise provided by this charter. (B) The Town Manager may, upon request, advise or counsel officials in the performance
  of the duties in subdivision (A) of this subdivision (2). (C) The Town Manager may not serve in any elective position in the Town. The Town Manager
  may, however, serve on appointed public bodies relevant to Town functions in an ex
  officio status, as may be determined by the Selectboard. (3) Authority and duties in particular. In addition to the authority conferred by State statute, the Town Manager shall be
  charged with full authority to, and be responsible, for the following: (A) [Repealed.] (B) To direct and supervise the administration of all departments, offices, and agencies
  of the Town except as otherwise provided by the charter or statute. (C) To carry out the policies determined by the Selectboard and report to the Board on
  their disposition. (D) To institute and maintain appropriate budget and financial internal control systems. (E) To keep the Selectboard informed on the financial condition of the Town, including
  monthly and year end reports showing in detail all revenues and expenditures for Town
  functions. (F) To keep the Selectboard informed as to the future needs of the Town and make proper
  administrative provisions for long-term planning, in all areas within the scope of
  the duties of the Manager. (G) To make such reports as the Selectboard may require, or the Manager deems appropriate,
  or may be required by law regarding any and all functions under the Town Manager’s
  supervision. (H) To keep full and complete records of the actions of the Town Manager’s office. (I) To be present at all regular Selectboard meetings unless excused by the Board and
  to have the right to attend and participate in all special meetings of the Selectboard
  and subcommittees, except when the removal of the Town Manager is being discussed. (J) To appoint upon merit alone and, when the Town Manager deems necessary for the good
  of the Town, suspend or remove any subordinate official, employee, or agent under
  the Town Manager’s supervision as provided for in this charter. Notwithstanding appeals
  of Town Manager decisions to the Selectboard, the Town Manager shall have the exclusive
  authority to hold subordinate employees, officers, or agents responsible for the faithful
  discharge of their duties. All such appointments may be without definite terms unless
  for provisional, temporary, or emergency service, in which case, terms shall not exceed
  the maximum periods prescribed by the employee handbook. The Town Manager may authorize
  the head of a department, or of an office responsible to the Town Manager, to appoint
  and remove subordinates in the office or department. (K) To ensure the proper and equitable administration of the Town’s human resources function. (L) To make recommendations to the Selectboard as to the compensation for Town employees
  as provided in this charter. (M) To remain ultimately responsible to the Selectboard for all administrative actions
  under the Town Manager’s jurisdiction. (N) To draft an annual budget document and capital expenditure plan as provided in the
  financial section of this charter. (O) To examine, or cause to be examined, with or without notice, the affairs of any department
  under the Town Manager’s control, or the conduct of any officer or employee of a department
  under the Town Manager’s control. For this purpose, the Town Manager shall have access
  to all books, papers, files, reports, or records of all departments that may be necessary
  for the proper performance of the Town Manager’s duties. (P) To ensure the preservation of the public peace, health, and safety of persons and
  property; to see to the enforcement of this charter and ordinances; and to ensure
  the Town’s compliance with State and federal laws as applicable. (Q) To be the general purchasing agent for the Town. (R) To have charge and supervision of all Town buildings, properties, and facilities;
  all repairs thereon; and all construction by the Town. (S) To expend all special appropriations of the Town as if they were a separate Town department. (T) To cause to be collected all taxes due the Town, except as otherwise provided by statute. (U) To cause duties of municipalities not committed to the care of any particular officer
  to be duly performed and executed. (V) To perform such other duties consistent with the Town Manager’s office as may be required
  by a vote of the Selectboard, by law, ordinance, or mandate not inconsistent with
  this charter. (4) Accountability and appointive power. The Town Manager shall be responsible to the Selectboard for the proper and efficient
  administration of the departments under the Town Manager’s charge as outlined in this
  charter. Neither the Selectboard, any individual member of the Selectboard, nor any
  of its committees or committee members shall dictate the appointment or discharge
  of any Town employee by the Town Manager, or in any manner interfere with the Town
  Manager’s exercising of judgment in the appointment and discharge of employees in
  the administration. (5) Noninterference with administrative discretion and supervision. Except for the purposes of formal inquiries investigations, suspensions, and terminations
  made under this charter, the Selectboard and its members shall deal with the Town
  officers and employees, who are subject to the Town Manager’s direction and supervision,
  solely through the Town Manager. Neither the Selectboard nor any of its members shall
  give orders to, or request any action publicly or privately, of any Town employee.
  Communications for the purposes of information and background shall be considered
  proper when approved by the Town Manager. (Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022.)