Derry (N.H.).

Annual reports of the Town of Derry, New Hampshire (Volume 1989) online

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under this Charter. He shall have the following authority and
duties:

(a) He shall supervise and direct the administration of all
departments, commissions, board and offices, except the
Town Council, Zoning Board of Appeals, the Planning
Board, Trustees of the Trust Funds, MacGregor Library
Trustees, Taylor Library Trustees, Town Clerk, Moderator
and Supervisors of the Check List.

(b) Except as otherwise provided by this Charter, the Town
Administrator shall appoint upon merit and fitness alone,
and may remove subject to the provisions of pertinent)
statutes where applicable, all officers and employees of the
Town. Officers and employees who report directly to the
Town Administrator shall be confirmed by the Mayor.

(c) The Town Administrator shall fix the compensation of
all town officers and employees appointed by him within the
hmits established by existing appropriations.

(d) He shall have full jurisdiction over the rental and use of
all town facilities under his control. He shall be responsible
for the maintenance and repair of all town property under his
control.

(e) He shall keep a full and complete inventory of all
property of the town, both real and personal.

(f) He shall be responsible for purchasing all supplies,
material and equipment for all departments and activities of
the town.

Section 3-8 Acting Town Administrator

(a) Whenever by reason of sickness, absence from the town
or other unexpected cause, the Town Administrator shall be
unable to perform the duties of his office for a period of three
(3) successive working days or more, the Mayor shall appoint
an Acting Town Administrator.

(b) Powers of Acting Town Administrator - The acting
Town Administrator shall have all the powers of the Town
Administrator except that he shall not make any permanent
appointment nor removal to or from any office unless the
disability of the Town Administrator shall have continued
sixty (60) days or more without having resigned.

Section 3-9 Removal of Town Administrator

The Mayor may remove the Town Administrator from
office at will.

Article 4

Financial Procedures

Section 4-1 Submission of Budget; Budget Message

Not later than 90 days prior to the beginning of the suc-



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ceeding fiscal year, the Mayor shall submit to the Clerk of the
Council a proposed budget for the ensuing fiscal year which
shall provide a complete financial plan of all town funds and
activities for the ensuing fiscal year, and accompanying
budget message, and supporting documents, including the
estimated effect of the proposed budget on the tax rate.

The message of the Mayor shall explain the budget for all
town agencies both in fiscal terms and in terms of work
programs. It shall outline the proposed financial policies of
the Town for the ensuing fiscal year, describe the important
features of the budget, indicate any major changes from the
current fiscal year in financial policies, expenditures and
revenues together with the reasons for such changes;
summarize the Town's debt position and include such other
material as the Mayor deems desirable or the Town Council
may reasonably require.

Section 4-2 Fiscal Year

The fiscal year of the Town shall begin July 1 and run
through until the succeeding June 30.
Section 4-3 Action on the Budget

(a) Public Hearing - The Town Council shall publish in one
or more newspapers of general circulation in the town the
general summary of the proposed budget as submitted by the
Mayor by a notice stating: (1) the times and places where
copies of the proposed budget are available for inspection by
the public, and (2) the date, time and place not less than two
(2) weeks after such publication, when a public hearing on
said proposed budget will be held by the Town Council.

(b) Appropriation of the Budget - The Town Council shall
enact the budget, with or without amendments, within sixty
(60) days following the date the budget is filed with the Clerk
of the Council. In amending the budget, it may delete,
decrease, increase or add any programs or amounts except it
may not decrease expenditures required by law or for debt
service.

If the Town Council fails to take action with respect to any
item in the budget within sixty (60) days after receipt of the
budget, such amount shall, without any action by the Town
Council become a part of the budget for the year, and be
available for the purposes specified.
Section 4-4 Capital Improvement Program

(a) Submis.sion - The Mayor shall prepare and submit
annually to the Town Council a five-year captial
improvement program at least thirty (30) days prior to the
final date for submission of the operating budget.

(b) Contents - The capital improvement program shall
include: (I) a clear summary of its contents; (2) a list of all
capital improvements proposed to be undertaken during the
next five (5) fiscal years with supporting data; (3) cost
estimates, method of financing, and recommended time
schedules; and (4) the estimated annual cost of operating and
maintaining the facilities included. The above information
shall be revised and extended each year.

(c) Public Hearing - The Town Council shall publish in one
or more newspapers of general circulation in the town the
general summary of the capital improvement program and a
notice staling: (I) the times and places where copies of the
capital improvements program are available for inspection by
the public; and, (2) the date, time and place not less than two
weeks after such publication, when a public hearing on said
program will be held by the Town Council.



(d) Adoption - After the public hearing and on or betore
sixty (60) days prior to the ensuing fiscal year, the Town
Council shall be resolution adopt the capital improvement
program with or without amendment, provided that each
amendment must be voted separately and that any increase in
the capital improvement program as submitted must clearly
identify the method of financing proposed to accomplish this
increase.

Section 4-5 Provision for Outside Audit and Audit
Committee

At least annually an outside audit of the books and
accounts shall be made. The Mayor shall provide for such an
audit to be made by a public accountant, certified public
accountant, or firm of such accountants, who have no
personal interests, direct or indirect, in the fiscal affairs of the
town government or of any of its affairs or employees.
Section 4-6 Chief Financial Officer Obtaining Three (3)
Quotes from Banks

The Treasurer shall obtain not less than three (3) quotes on
interest rates from separate corporate financial institutions
when borrowing or investing town funds and shall file such
records of transaction with the Town Council. This section
does not pertain to bond issues.

Article 5
Judicial and A dministrative Boards

Section 5-1 Administrative Boards

(a) Planning Board - There shall be a Planning Board
appointed in accordance with RSA 673.

B) Housing and Redevelopment Authority - There shall be
a Housing and Redevelopment Authority consisting of five

(5) members appointed by the Mayor for terms of five (5)
years.

(c) Conservation Commission - There shall be a
Conservation Commission consisting of five (5) members
appointed by the Mayor for terms of three (3) years.

(d) Trustees of Trust Funds - There shall be a board of
three (3) Trustees of Trust Funds who shall be elected for
terms of three (3) years. Vacancies shall be filled by appoint-
ment of the Mayor for the unexpired term.

(e) MacGregor Library Trustees - There shall be a board of
six (6) Trustees of the MacGregor Library who shall be
elected for terms of three (3) years. Vacancies shall be filled
by appointment of the Mayor for the unexpired term.

(0 Taylor Library Trustees - There shall be a board of six

(6) Trustees of the Taylor Library who shall be elected for
terms of three (3) years. Vacancies shall be filled by appoint-
ment of the Mayor for the unexpired term.

(g) Other Administrative Boards and Committees - Other
administrative boards and committees may be established by
the Mayor for a period not to exceed one (1) year.
Section 5-2 Judicial Boards

(a) Zoning Board of Adjustment - There shall be a Zoning
Board of Adjustment consisting of five (5) members each
serving a three (3) year term and three (3) alternates each
serving a three (3) year term appointed by the Mayor subject
to the approval of the Council.

(b) Personnel Review Board - The Personnel Review Board
shall be appointed by the Mayor and approved by the
Council. There shall be three (3) members holding no
municipal employment or office, and each shall be appointed



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for a term of three (3) years except initially, one (1) shall be
appointed for one (1) year; (1) one for (2) two years; and one
(1) for three (3) years. This board shall hear appeals brought
to it under the provisions of this Charter.
Section 5-3 Board Membership Restriction

Unless otherwise provided by law, no member or alternate
member of any Administrative or Judicial Board of the Town
of Derry shall serve on any other Administrative or Judicial
Board of the Town of Derry.
Section 5-4 Qualification for Office

All individuals who are appointed or elected to any Board
of the Town must take an oath to exercise the duties of their
office in accordance with the Constitution and Laws of the
State of new Hampshire. If the giver of the oath is other than
the Derry Town Clerk, such individual must be empowered
by the State of New Hampshire to take such oaths, further an
affidavit must be filed with the Town Clerk by ihe officer so
empowered that the prescribed oath has been taken. Until
such affidavit has been filed or oath taken by the Town Clerk
individuals appointed or elected are not qualified to serve.
Section 5-5 Terms of Office

The terms of office of all members of appointed boards
shall begin on April 1 and end on March 31. If an appointee
receives an appointment subsequent to April 1 of the year in
which the term of office originally commenced, the term to
which the person was appointed will end on March 31 in the
year that it was scheduled to end.

Article 6

Administrative Departments

Section 6-1 Reorganization Plans by the Mayor

Except as otherwise prohibited by law or the Charter, the
Mayor may reorganize, consolidate, or abolish any existing
town agency in whole or in part; establish new town agencies
and prescribe the functions of any town agencies.
Section 6-2 Reorganization Plans by the Town Administrator

The Town Administrator may from time to time prepare
and submit to the Mayor, reorganization plans which may,
subject to applicable law and the Charter, reorganize,
consolidate or abolish any town agency in whole or in part, or
establish new town agencies as he deems necessary or
expedient. Such reorganization plan shall be accompanied by
an explanatory message when submitted.
Section 6-3 Publication of Reorganization Plan

An up-to-date record of any reorganization plan under this
article shall be kept on file in the office of the Town Clerk
and copies of all such plans shall be included as an appendix
in any publication of the ordinances of the Town .

Article 7
Nominations and Elections

Section 7-1 Town Elections; General

The regular town election shall be held on the second
Tuesday in March of each year.
Section 7-2 Ballot Position

The order in which names of candidates appear on the
ballot for each office shall be determined by a drawing by lot
conducted by the Town Clerk in the presence of such
candidates or their representatives as may choose to attend
such drawings.



Section 7-3 Application of State Laws

Except as expressly provided in the Charter and authorized
by statute, all town elections shall be governed by the laws of
the State relating to the right to vote, the registration of
voters, the nomination of candidates, the conduct of regular
elections, the submission of charter amendments and other
propositions, the counting of votes and the declaration of
results.
Section 7-4 Prohibitions

No person shall run for more than one (1) office at any one
election.
Section 7-5 Time of Filing for Office

Filing period for town office shall commence forty-two
(42) days prior to the election and continue for fourteen (14)
days.
Section 7-6 Non-partisan Ballot

All elections of Town officials will be held under non-
partisan ballot system as detailed in the election laws of the
State of New Hampshire.



Article 8
Free Petition; Initiative; Referendum

Section 8-1 Free Petition

(a) Individual Petitions, Action Discretionary - The Town
Council shall receive all petitions which are addressed to them
and signed by a voter and may, in their discretion, take such
action in regard to such petitions as they deem necessary and
appropriate.

(b) Group Petitions, Action Required - The Town Council
shall hold a public hearing and act by taking a vote on the
merits of every petition which is addressed to it and which is
signed by at least one hundred (1(X)) voters. The hearing shall
be held by the Town Council, or by a committee or
subcommittee thereof and the action by the Town Council
shall be taken not later than three (3) months after the
petition is filed with the Town Clerk. Hearings on two or
more petitions filed under this section may be held at the
same time and place. The Town Clerk shall mail no'ice of the
hearing to ten (10) petitioners whose names first appear on
each petition at least seven (7) days before the hearing. Notice
by publication of a summary of the contents of the petition(s)
at least seven (7) days prior to ail such hearings shall also be
made, and shall be at public expense. No hearing shall be
heard upon more than one petition containing the same
subject matter in any given 12-month period.

Section 8-2 Initiative Petition

(a) Commencement of Proceedings - Initiative procedures
shall be started by the filing of an initiative petition with the
Town Clerk. The petition shall be addressed to the Town
Council, shall contain a request for passage of a particular
measure set forth in the petition and shall be signed by not
less than ten percent of the total number of voters.

Signatures to an initiative petition need not be all on one
paper. All such papers pertaining to any one measure shall be
fastened together and shall be filed in the office of the Town
Clerk as one instrument, with the endorsement thereon of the
names and addresses of the persons designated as filing the
same. With each signature to the petition, shall be stated the
place of residence of the signer, giving the street and number,
if any.



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Within seven (7) days after the fihng of said petition the
Town Clerk shall ascertain by what number of voters the
petition is signed, and what percentage that number is of the
total number of voters and shall attach thereto a certificate
showing the result of such examination.

The Town Clerk shall forthwith transmit the said certificate
with the said petition to the Town Council and at the same
time shall send a copy of said certificate to the first person
designated on the petition as filing the same.

When such certificate has been so transmitted, said petition
shall be deemed to be valid unless written objections are made
with regard to the signatures thereon by a voter within seven
(7) days after such certificate has been issued by filing such
objections with the Town Council and a copy thereof with the
Town Clerk. The validity of any such objection shall be
determined by the Town Council.

(b) Requirements for Passage and Submission to Electorate
If any initiative petition is signed by voters equal in number to
at least ten percent of the total number of voters and in the
opinion of the town solicitor such measure may lawfully be
passed by the Town Council, the Town Council shall within
twenty (20) days after the date of the certificate of the Town
Clerk to that effect: (1) pass said measure without alteration,
subject to the referendum vote provided by this charter; or,
(2) call a special election to be held on a date fixed by it not
less than thirty (30) nor more than ninety (90) days after the
date of the certificate herein before mentioned, and submit the
proposed measure without alteration to a vote of the voters at
that election; provided, that if any town election is to occur
within one hundred and twenty (120) days after the date of
said certificate, the Town Council may, at its discretion, omit
the calling of a special election and submit the proposed
measure to the voters at such approaching election.

The ballots used when voting upon a proposed measure
under this section shall state the nature of the measure in
terms sufficient to show the substance thereof.
Section 8-3 Referendum Petition

(a) Commencement of Proceedings - Referendum petitions
must be filed with the Town Clerk within thirty (30) days after
adoption by the Council of the measure or part thereof
sought to be reconsidered. Referendum petitions must be
signed by at least ten (10) percent of the voters of the Town.
The procedures of section 8-2 (a) shall apply to referendum
petitions except that the words "measure or part thereof
protested" shall, for this purpose, replace "measure" in the
said section whenever it may occur, and "Referendum" shall
replace the word "initiative" in said section.

(b) Suspension of Effect of Measure or Part Thereof
Protested - When a referendum petition is filed with the
Town Clerk the measure or part thereof sought to be
reconsidered shall be suspended from taking effect. Such
suspension shall terminate when:

1 . There is a final determination of insufficiency of the
petition, or

2. The filers of the petition withdraw it, or

3. Thirty (30) days have elapsed after a vote of the
Town on the measure or part thereof protested.

(c) Action on Petition - When a referendum petition has
been finally determined sufficient, the Council shall
reconsider the referred measure or part thereof by voting its
repeal. If the Council fails to repeal the measure or part
thereof protested within thirty (30) days after the day the



petition was finally declared sufficient, the Council shall
submit the referred measure or part thereof protested to the
voters of the Town at a special election to be held on a date
fixed by the Council. Such special election shall be held not
less than thirty (30) nor more than ninety (90) days after the
date of the certificate hereinbefore mentioned, provided that
if any election is to occur within one hundred twenty (120)
days after the date of said certificate, the Town Council may,
at its discretion, omit the calling of a special election and
submit the referred measure or part thereof to the voters at
such approaching election. The ballot used when voting upon
a proposed measure under this section shall state the nature
of the referred measure or part thereof protested in terms
sufficient to show its substance.
Section 8-4 Submission of Proposed Measure to Voters

The Town Council may, of its own motion submit to a vote
of the voters for adoption or rejection at a general or special
town election any proposed measure, or a proposition for the
repeal or amendment of any measure, in the same manner
and with the same force and effect as are hereby provided for
submission on petition.
Section 8-5 Measures with Conflicting Provisions

If two or more proposed measures passed at the same
election contain conflicting provisions, only the one receiving
the greater number of affirmative votes shall take effect.

Article 9
General Provisions

Section 9-1 Certificate of Election and Appointment

Every person who is elected or appointed shall receive a
certificate of such election or appointment from the Town
Clerk which shall bear the date of its expiration. Except as
otherwise provided by law, before performing any act under
his election or appointment, he shall take and subscribe to an
oath to qualify him to enter upon the duties of office. A
record of the taking of such oath shall be made by the Town
Clerk. Any oath required by this section may be
administered by an officer authorized by law to administer
oaths. Records of transaction of all boards shall be open to
the inspection of the public.
Section 9-2 Rules and Regulations

A copy of all rules and regulations adopted by any town
agency, board or individual shall be filed in the office of the
Town Clerk and made available for review by any person who
requests such information.
Section 9-3 Re-enactment and Publication of Ordinances

The Town Council shall, at five (5) year intervals, cause to
be prepared by a special committee of the Town Council
appointed for that purpose, proposed revisions or
recodifications of all ordinances of the Town which shall be
presented to the Town Council for re-enactment. Such
revision or recodifications shall be prepared under the
supervision of the town solicitor, or if the Town Council so
direct, by special counsel retained for that purpose. Copies of
the revised ordinances shall be made available for distribu-
tion, provided that a charge not to exceed the actual cost per
copy of reproduction may be charged.
Section 9-4 Liability of Town Officers and Agencies

All town officers and members of town agencies shall be
deemed to be public or municipal officers or officials. The



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Town shall indemnify any such officer or member for

expenses or damages incurred in the defense or settlement of

a claim against him which arose while acting in good faith

within the scope of his official duties or employment, but

only to the extent and subject to the limitations imposed by

law.

Sectioi. 9-5 Prohibition

(a) No member of the executive or legislative branch shall
appear as counsel before any agency of the Town of Derry.

(b) Financial Interest - Any Town officer or employee who
has a substantial financial interest, direct or indirect or by
reason of ownership of stock in any corporation, in any
contract with the Town or in the sale of any land, material,
supplies or services to the Town or to a contractor supplying
the Town shall make known that interest and shall refrain
from voting upon or otherwise participating in his capacity as
a Town officer or employee in the making of such sale or in
the making or performance of such contract. Any Town
officer or employee who willfully conceals such a substantial
financial interest or willfully violates the requirements of this
section shall be guilty of malfeasance in office or position and
shall forfeit his office or position. Violation of this section
with the knowledge express or implied of the person or
corporation contracting with or making a sale to the Town
shall render the contract or sale voidable by the Mayor or the
Town Council.

(c) Activities Prohibited

1. No person shall be appointed to or removed from,
or in any way favored or discriminated against with respect
to any Town position or appointive Town administrative
office because of race, sex, political or religious opinions
or affiliations.

2. No person shall willfully make any false statement,
certificate, mark, rating or report in regard to any test,
certification or appointment under the provisions of this
Charter or the rules and regulations made thereunder, or in
any manner commit or attempt to commit any fraud
preventing the impartial execution of such provisions,
rules and regulations.

3. No person who seeks appointment or promotion with
respect to any Town position or appointive Town admin-
istrative office shall directly or indirectly give, render or
pay any money, service or other valuable thing to any
person for or in connection with his test, appointment,
proposed appointment, promotion or proposed promotion.

4. No person who runs for Town office shall orally,
by letter or otherwise solicit or assist in soliciting any
assessment, subscription or contribution for any political
party or political purpose whatever from any person
holding any compensated appointive Town position.

Section 9-6 Severability

If any provision of the Charter is held invalid, the other
provisions of the Charter shall not be affected thereby. If the
application of the Charter or any of its provisions to any
person or circumstance is held invalid, the application of the
Charter and its provisions to other persons and circum-
stances shall not be affected thereby.

Section 9-7 Specific Provsions Shall Prevail

To the extent that any specific provision of the Charter will
conflict with any provisions expressed in the Charter in
general terms, the specific provision shall prevail.


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Online LibraryDerry (N.H.)Annual reports of the Town of Derry, New Hampshire (Volume 1989) → online text (page 18 of 19)