Can the Select Promote Someone to the Position of Highway Agent?

We believe the answer to that question is, no. According to the Town Bulletin at the last Select Board Meeting, "It was announced that Tim Paquette has been promoted to the position of Public Works Director effective November 1, 2011." Earlier this year, the board combined the position of Highway agent and Public Works Director. The problem with this action, at least according to RSA 231:62 (See RSA 231:61 below) is that the Highway Agent is an elected position, and the Public Works Director position is not. This would indicate that the board acted correctly in promoting Tim Paquette to the position of director, but Tim cannot be the Highway Agent unless he is elected or appointed to fill the vacancy. Since Highway Agent is an elected position, the appointment must be done in a public session.

Section 231:62

231:62 Highway Agents. – Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting, or less often if a town has so provided pursuant to RSA 231:62-a or 231:62-b, each town shall elect by ballot, or by major vote authorize the selectmen to appoint, one or more highway agents, who, under the direction of the selectmen, shall have charge of the construction, maintenance, and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town..."