HARRY W. NICE, GOVERNOR. 1285

Council may designate some qualified person to perform the
duties of the manager during such absence, disability or sus-
pension.

SEC. 34. RESPONSIBILITY OF MANAGER—POWERS OF APPOINT-
MENT AND REMOVAL. The Town Manager shall be responsible
to the Council for the proper administration of all affairs of
the town placed in his charge, and to that end, he shall have
the power to appoint and remove all officers and employees
except the town solicitor who shall be appointed with the con-
sent of the Council. Appointments made by the Town Man-
ager shall be on the basis of executive and administrative abil-
ity and of the training and experience of such appointees in
the work which they are to perform, and no discrimination
shall be made because of political or religious opinions or af-
filiations. All such appointments shall be without definite
term unless for provisional, temporary or emergency service.
All officers and employes, including the Town Solicitor, may
be removed by the Town Manager. The decision of the manager
shall be final and there shall be no appeal therefrom to any
other office, body or court whatsoever.

SEC. 35. PROHIBITIONS. No Councilman shall, during the
time for which he is elected, be appointed to any office or posi-
tion in the service of the Town. No officer or employee in the
service of the Town shall continue in such position after be-
coming a candidate for nomination or election to any public
office. No person seeking appointment to or promotion in the
service of the town shall either directly or indirectly give,
render, or pay any money, service, or other valuable thing to
any person for or on account of or in connection with his
appointment, proposed appointment, promotion, or proposed
promotion.

SEC. 36. COUNCIL NOT TO INTERFERE IN APPOINTMENTS OR
REMOVALS. Neither the Council nor any of its members shall di-
rect or request the appointment of any person to, or his removal
from office by the Town Manager or in any manner take part in
the appointment or removal of officers and employees in the ad-
ministrative service of the Town except as regards the appoint-
ment of the town solicitor. Except for the purpose of inquiry,
the Council and its members shall deal with the administrative
service solely through the manager, and neither the Council
nor any Councilman shall give orders to any subordinate of
the Town Manager either publicly or privately. Any violation
of the provisions of this section by a Councilman shall be a
misdemeanor, conviction of which shall immediately forfeit
the office of the Councilman so convicted. The town solicitor
shall prosecute an action brought under this section.