As to the selection process, the mayor and board are required to give a preference to residents of the municipality “if all other considerations are equal.” Otherwise, the law does not require the mayor to use an advertisement/interview process.

The Attorney General (AG) has opined that when a mayor places a name for the appointment of a municipal officer before the board and the board refuses to confirm, the mayor must tender a new appointee until both concur. See, AG Op. No. 95-0019 (appointment of a city attorney) and AG Op. No. 04-0231 (appointment of non-elected chief of police). Therefore, it does appear that in this case, as the board has refused to confirm the mayor’s appointee for clerk, the mayor is required to select a new appointee. That is, the mayor may not continue to nominate the same person the board has already refused to confirm. However, given the age of these AG opinions, the mayor and/or the board may wish to request a new opinion on their specific facts.