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Council declines to take up city-clerk appointment after legal clarification and public concerns
Summary
After public comment raising concerns about a proposed city clerk appointment, the acting city attorney told council that under the city charter the city manager—not the council—has hiring and removal authority; the council therefore will not vote on the appointment.
Residents and councilors pressed the Portsmouth City Council on May 4 about the proposed appointment of Sally Keller as city clerk, citing a prior contested election administration in another community and calling for transparency. Petra Huda urged the council to ‘‘air the record’’ before any vote, saying the issue implicates ‘‘judgment, transparency, and accountability’’ needed for a clerk who oversees elections and records.
Acting City Attorney Trevor McCord advised the council that Portsmouth’s charter vests appointment and removal authority in the city manager in the city-manager form of government. He said RSA 48:2 applies to strong-mayor governments and not to Portsmouth’s form; he further described a historical savings clause that preserves the city charter’s provisions. McCord said he spoke with the Secretary of State’s vital records and elections offices and that the practical process to give an acting clerk access to election functions was a manager’s letter confirming appointment for state offices; he concluded the council would not take up the appointment.
Several public speakers urged the council to investigate records and personnel decisions, and other residents offered support for former clerk Kelly Barnaby. Council members accepted the legal advice and did not schedule a vote on the clerk appointment during the meeting.
What’s next: Because the council concluded the appointment authority rests with the city manager, any formal appointment or access requests for the city clerk position will proceed through manager-to-state communications rather than by a council vote.
