Exeter Municipal Code Ch. 2.08 Administrator

The office of the administrator is created and established. The administrator shall be appointed by the city council wholly on the basis of his/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

(Ord. 287 §1, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

Residence in the city at the time of appointment of an administrator shall not be required as a condition of the appointment; but within ninety days after reporting for work, the administrator must become a resident of the city, unless the city council approves his/her residence outside the city.

(Ord. 287 §2, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

No member of the city council shall be eligible for appointment as administrator until one year has elapsed after such council member has ceased to be a member of the city council.

(Ord. 287 §3, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

The administrator shall furnish a corporate surety bond to be approved by the city council in such sums as may be determined by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the administrator as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 287 §4, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

The administrator shall receive such compensation as the city council shall from time to time determine. In addition, the administrator shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties.

(Ord. 287 §5, 1972; Ord. 487 §1(part), 1987; Ord. 624 §1(part). 2005)

The administrator shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she shall have the powers set forth in the following subsections:

A. Law Enforcement. It shall be the duty of the administrator to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

B. Authority over Employees. It shall be the duty of the administrator, and he/she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his/her jurisdiction through their department heads.

C. Power of Appointment and Removal. It shall be the duty of the administrator to, and he/she shall appoint, remove, promote and demote any and all employees of the city, subject to all applicable personnel ordinances, rules and regulations. Nothing in this subsection shall apply to elected officers. Furthermore, department heads may be appointed or removed only with the consent of the city council by a vote of at least three members thereof. However, the department head shall not be removed from office other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the department head and the performance of the powers and duties of his/her office. In removing the department head, the city council shall use its uncontrolled discretions; and its action shall be final and not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the department head to present to the city council his/her grounds of opposition to his/her removal prior to its action.

D. Administrative Reorganization of Offices. It shall be the duty and responsibility of the administrator to conduct studies and effect such administrative reorganization of offices, positions, or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

E. Ordinances. It shall be the duty of the administrator and he/she shall recommend to the city council for the adopting of such measures and ordinances as he/she deems necessary.

F. Attendance at Council Meetings. It shall be the duty of the administrator to attend all meetings of the city council, unless at his/her request he/she is excused therefrom by the mayor, individually, or the city council.

G. Financial. It shall be the duty of the administrator to keep the city council at all times fully advised as to the financial conditions and needs of the city.

H. Budget. It shall be the duty of the administrator to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

I. Expenditure Control and Purchasing. It shall be the duty of the administrator to see that no proposed expenditures shall be submitted or recommended to the city council except on approval of the administrator. The administrator shall be the purchasing agent of the city and shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

J. Investigations and Complaints. It shall be the duty of the administrator to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the administrator to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city.

K. Public Buildings. It shall be the duty of the administrator and he/she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council.

L. Additional Duties. It shall be the duty of the administrator to perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other official action of the city council.

(Ord. 287 §6, 1972; Ord. 322 §1, 1974; Ord. 363 §1, 1977; Ord. 459 §1, 1982; Ord. 462 §2, 1983; Ord. 487 §§l(part), 2, 3, 1987; Ord. 624 §1(part), 2005)

The city council and its members shall deal with the administrative services of the city only through the administrator except for the purpose of inquiry; and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the administrator without the knowledge and concurrence of the whole council.

(Ord. 287 §7.1, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the administrator in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. 287 §7.2, 1972; Ord. 487 §1(part), 1987; Ord. 624 §1(part), 2005)

The administrator may attend any and all meetings of the planning commission, board of recreation commissions and any other commissions, boards or committees created by the city council, upon his/her own volition or upon the direction of the city council. At such meetings which the administrator attends, he/she shall be heard by such commissions, boards, or committees as to all matters upon which he/she wishes to address the members thereof; he/she shall inform the members as to the status of any matter being considered by the city council; and he/she shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the city council.

(Ord. 287 §7.3, 1972; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

The removal of the administrator shall be effected only by a vote of three members of the whole city council as then constituted, convened in a regular council meeting. However, the administrator shall not be removed from office other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city, at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the administrator and the performance of the powers and duties of his/her office. In removing the administrator, the city council shall use its uncontrolled discretions; and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the administrator to present to the city council his/her grounds of opposition to his/her removal prior to its action.

(Ord. 287 §8, 1972; Ord. 363 §2, 1977; Ord. 459 §2, 1982; Ord. 487 §l(part), 1987; Ord. 624 §1(part), 2005)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the administrator delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. 287 §9, 1972; Ord. 487 §1(part), 1987; Ord. 624 §1(part), 2005)