Section 149-31 - 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: (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.24 Appendix V.S.A. § 149-31