Derry (N.H.).

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

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Section 9-8 References to General Laws

All references to the general laws contained in the Charter
refer to the general laws of the State of New Hampshire and
are intended to include any amendments or revisions to such
chapters and sections or to include any amendments or
revisions to such chapters and sections or to the
corresponding chapters and sections or any rearrangement of
the general laws enacted subsequent to the adoption of the
Charter.

Section 9-9 Removals and Suspensions

(a) General - Any appointed officer or full-time salaried
employee of the town, not subject to the provisions of the
State Civil Service Law, whether appointed for a fixed or an
indefinite term, may be suspended or removed from office by
the appointing authority for good cause. The term cause shall
include, but not be limited to, the following: incapacity other
than temporary illness, inefficiency, insubordination and
conduct unbecoming the office.

(b) Suspension - Any appointed officer or full-time salaried
employee of the Town may be suspended from office by the
appointmg authority if such action is deemed necessary to
protect the interest of the Town. However, no suspension
shall be for more than fifteen (15) days.

Suspension may be coterminious with the removal and
shall not interfere with the rights of the officer or employee
under the removal procedure given below.

(c) Removal - The appointing authority when removing any
such officer or employee shall act in accordance with the
following procedure:

1. A written notice of the intent to remove and a state-
ment of the cause or causes therefor shall be delivered by
certified mail to the last known address of the person
sought to be removed.

2. Within five (5) days of delivery of such notice the
officer or employee may request a public or closed hearing
to be held by the Personnel Review Board at which he may
be represented by counsel, who shall be entitled to present
evidence, call witnesses and to question any witness ap-
pearing at the hearing. Such hearings shall be conducted
under the rules of evidence.

3. Between one (1) and ten (10) days after the public or
closed hearing is adjourned, the Personnel Review Board
shall direct the appointing authority to act by either
removing the officer or employee or notifying the officer
or employee that the notice of intent to remove has been
rescinded.

4. After delivery of this notice of intent to remove, if
the officer or employee fails to request a hearing, the
appointing authority shall either remove the officer or
employee or notify him that the notice has been rescinded.
Nothing in this section shall be construed as granting a

right to such a hearing to a person who holds a position for a
fixed term, when his term expires.

Section 9-10 Procedures

(a) Meetings - All multiple member bodies of the Town
whether elected or appointed or otherwise constituted, shall
meet regularly at such times and public places within the
Town as they may prescribe. Except in emergencies, special
meetings of any multiple member body shall be held on the
call of the respective chairperson or by one-third of the
members thereof by written notice delivered to the residence
or nlace of business of each member at least forty-eight (48)



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hours in advance of the time set. A copy of the said notice
shall also be posted on the Town bulletin board (s). Special
meetings of any multiple member body shall also be called
within one week after the date of the filing with the Town
Clerk of a petition by at least one hundred (100) voters which
states the purpose or purposes for which the meeting is to be
called. Except in cases of emergency as otherwise authorized
by the general laws, all meetings of all multiple member
bodies shall be open and public; however, the multiple
member body may meet in a closed or executive session as
permitted by RSA 91 A.

(b) Agenda - Except in cases of emergency at least forty-
eight (48) hours before any meeting of a multiple member
body is to be held, an agenda containing all items which are
scheduled to come before it at the meeting shall be posted. No
action taken on a matter not included in the posted agenda
shall be effective unless the body first adopts by special vote a
resolution declaring that an emergency exists and that the
particular matter must be acted upon at that meeting for the
immediate preservation of the peace, health, safety or
convenience of the town.

(c) Rules and Minutes - Each multiple member body shall
determine its own rules and order of business unless otherwise
provided by the Charter or by law. The Town Clerk or his
designee shall take and keep the minutes of the respective
proceedings. These rules and minutes, excepting as provided
for in RSA 91 A, shall be a public record kept available in a
place convenient to the public at all times and certified copies
shall be kept available in the Town Clerk's office.

(d) Voting - Except on procedural matters all votes of all
multiple member bodies shall be taken by a call of the roll and
the ayes and nays shall be recorded in the minutes, provided,
however, that if the vote is unanimous only that fact need be
recorded.

(e) Quorum - A majority of the members of a multiple
member body shall constitute a quorum, but a smaller
number may adjourn from time to time and compel the
attendance of the absent members in the manner and subject
to the penalties prescribed by the rules of the body. No other
action taken by a number of members smaller than the
quorum shal! be valid or binding.

Section 9-11 Definitions

Unless another meaning is clearly apparent from the
manner in which the word is used, the following words as
used in the Charter shall have the following meanings:

(a) Charter - The word "charter" shall mean this Charter
ind any amendments to it made through any of the methods
jrovided under RSA 49B.

(b) Days - The word "days" shall refer to calendar days.

(c) Emergency - The word "emergency" shall mean a
sudden, unexpected, unforseen happening, occurrence or
condition which necessitates immediate action.

(d) Full Town Council - The words "full Town Council"
shall mean the six (6) councilors and the Mayor.

(e) Initiative Measure - The words "initiative measure"
shall mean a measure proposed by initiative procedures under
the charter, including a specific item in a Town budget but
excluding:

1. proceeding relating to the organization or operation
of the Town Council;

2. an emergency measure passed in conformity with the
Charter;



3. the Town budget as a whole;

4. tax anticipation notes;

5. an appropriation for the payment of the Town debts
or obligations;

6. any appropriation of funds necessary to implement a
written agreement executed relating to collective bargaining;

7. any proceeding or part thereof, relating to the election,
employment, appointment, suspension, transfer, demo-
tion, removal or discharge of any Town officer or employee;

8. any proceeding repealing or rescinding a measure, or
a part thereof, which is protested by referendum procediu-es.

(f) Majority Vote - The words "majority vote" shall mean
a majority of those present and voting, provided, that a
quorum of the body is present.

(g) Measure - The word "measure" shall mean an
ordinance passed or which could be passed by the Town
Council or an order, resolution, vote or other proceeding
passed or which could be passed by the Town Council.

(h) Multiple Member Body - The words "multiple member
body" shall mean any body consisting of two or more
persons, whether elected, appointed or otherwise constituted.

(i) Number and Gender - The singular number may be
extended and applied to several persons or things; words
imparting the plural number may include the singular; words
imparting the masculine gender shall include the feminine
gender; and words imparting the feminine gender shall
include the masculine gender.

(j) Referendum Measure - The words "referendum
measure" shall mean:

1 . a measure protested by referendum procedures under
the Charter, including a specific item in the Town budget,
but excluding items 1 through 7 mentioned under the
definition, (e) Initiative Measures, or:

2. any proceeding of the Town Council providing for
the submission or referral of a matter to the voters at an
election.

(k) Town - The word "Town" shall mean the name "Town
of Derry".

(1) Town Agency - The words "Town Agency" shall mean
any board, commission, committee, department, or office of
the Town government.

(m) Voters - The word "Voters" shall mean registered
voters of the Town of Derry.

Article 10

Transitional Provisions

Section 10-1 Continuation

All by-laws, ordinances, resolutions, votes, rules and
regulations of the Town which are in force at the time the
Charter is adopted, not inconsistent with the provisions of the
Charter, shall continue in force until amended or repealed.
Section 10-2 Continuation of Government

All members of Town agencies shall continue to perform
their duties until reappointed, reelected, or until successors to
their respective positions are duly appointed or elected or
their duties have been transferred.
Section 10-3 Continuation of Personnel

Any person holding an office or position in the
administrative service of the Town, or any person serving in
the employment of the Town shall retain such office or
position and shall continue to perform his duties until



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provisions shall have been made in accordance with the
charter for the performance of the said duties by another
person or agency; provided, however, that no person in the
permanent full-time service or employment of the Town shall
forfeit his pay grade or time in service. All such persons shall
be retained in a capacity as similar to their former capacity as
is practical.
Section 10-4 Transfer of Records and Property

All records, property, and equipment of any Town agency,
the powers and duties of which are assigned in whole or part
to another Town agency, shall be transferred forthwith to the
Town agency to which such powers and duties are assigned.
Section 10-5 Effect on Obligations, Taxes and other Legal Acts

All official bonds, recognizances, obligations, contracts
and other instruments entered into or executed by or to the
Town before its adoption of the Charter; all taxes, special
assessments, fines, penalties, forfeitures incurred or imposed,
due or owing to the Town, shall be enforced and collected,
and all writs, prosecutions, actions and causes of action,
except as herein otherwise provided, shall continue without
abatement and remain unaffected by the Charter; and no
legal act done by or in favor of the Town shall be rendered
invalid by the adoption of the Charter.
Section 10-6 Salaries

(a) Mayor's Salary - The salary to be paid to the Mayor
elected at the first election shall be determined by the Town
Council but under no circumstances shall it exceed $15,000.00
per annum. This salary, if any, shall continue until changed
by ordinance under the provisions of Section 3-4(0 of the
Charter.

(b) Council Salaries - The salary to be paid to each member
of the Town Council elected at first election shall be
determined by the Town Council but under no circumstances
shall exceed $1,500.00 per annum. This salary, if any, shall
continue until changed by ordinance under the provisions of
section 2-3 of the Charter'.

Section 10-7 Time of Taking Effect

This Charter shall become fully effective on January 1,
1986 but it shall take partial effect in accordance with the
following schedule.

(a) The first regular election shall be held in accordance
with Article 7-1 of this charter on the first Tuesday following
the first Monday in November 1985. All of the provisions of
the Charter which relate to the conduct of regular Town
elections shall take effect as stated in the Charter.

(b) At the first regular election all councillors and the
Mayor will be elected and serve the following terms:

I. One At Large Councillor and one District Councillor
will serve until December 31, 1986,

II. One At Large Councillor and one District Councillor
will serve until December 31, 1987, and

III. Two District Councillors and the Mayor will serve
until December 31, 1988.

(c) The powers and duties of the Mayor and Town Council
shall become fully effective on the first day of January 1986,
but in the meantime, the Selectmen shall prepare for the
transition to the new form of government. As part of the
transition, the selectmen shall provide for an eighteen (18)
month accounting period running from January 1, 1985 thru
June 30, 1986 and arrange for the division of the Town into
four (4) voting districts.



(d) The Town officials in office upon the adoption of this
charter shall continue in office until December 31, 1985.
There will be no election of Town officials in March of 1985.

(e.) The following Town agencies shall be abolished
effective midnight December 31, 1985:

1 . The Board of Selectmen

2. The Budget Committee

(0 The following officers and boards. shall be appointed
rather than elected effective January 1, 1986.

1. Town Clerk

2. Treasurer

3. Tax Collector

4. Planning Board

(g) The Moderator shall continue in office until the Town
election in November of 1986 and thereafter be elected in
accordance with RS A 40: 1 .

Section 10-8 Expiration of Terms of Office of Continued
Boards

Boards which are to continue in operation as described in
Article 5 shall have the various terms of office expire as follows:

1. Planning Board, Conservation Commission, Housing
and Redevelopment Authority and alternates thereto if any:

A. Terms which would normally expire in 1985 will
expire March 31,1 986,

B. Terms which would normally expire in 1986 will
expire March 31, 1987,

C. Terms which would normally expire in 1987 will
expire March 31, 1988,

D. Terms which would normally expire in 1988 will
expire March 31,1 989 and

E. Terms which would normally expire in 1989 will
expire March 31, 1990.

2. Other Administrative Boards and Committees: all
terms will expire March 31, 1986.

3. Zoning Board of Appeals and alternates thereto:

A. Terms which would normally expire in 1985 and
1986 will expire March 31, 1986,

B. Terms which would normally expire in 1987 and
1988 will expire March 31, 1987 and

C. Terms which would normally expire in 1989 will
expire March 31, 1988.

4. Trustees of Trust Funds, MacGregor Library Trustees
and Taylor Library Trustees.

A. Terms which would normally expire in March of

1985 will expire on December 31, 1985 with the suc-
cessor(s) having been elected in November of 1985.

B. Terms which would normally expire in March of

1986 will expire on December 31, 1986 with the suc-
cessor(s) having been elected in November of 1986.

C. Terms which would normally expire in March of

1987 will expire on December 31, 1987 with the suc-
cessor(s) having been elected in November of 1987.

Section 10.9 Absorption of the East Derry Fire District

If at any time the voters of East Derry vole to dissolve the
district, the functions, responsibilities and duties of the
district shall become the responsibilities of the Town of
Derry. All permanent full time employees of said district
will be absorbed into the Derry Fire service in a capacity as
similar to their former capacity as is practicable.



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Section 10-10

(a) There will be no general town election in November
of 1988.

(b) The terms of office for those elected officials which
would normally expire on December 31, 1988 are
extended to expire upon the election and qualification
of their successors in March 1989.

(c) The terms of office for those elected officials which
would normally expire on December 31, 1989, are
extended to expire upon the election and qualification
of their successors in March 1990.

(d) The terms of office for those elected officials which
would normally expire on December 31, 1990, are
extended to expire upon the election and qualification
of their successors in March 1991.



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TELEPHONE NUMBERS

TOWN OF DERRY

TOWN HALL

Mayor's & Administrator's Office, 48 E. Broadway . . . 432-6100

Finance Department, 48 E. Broadway 432-6103

Tax Assessor, 48 E. Broadway 432-6104

Tax Collector, 48 E. Broadway 432-6106

Town Clerk, 48 E. Broadway 432-6105

Civil Defense, 48 E. Broadway 432-6102

CODE ENFORCEMENT

Building Inspector, 40 Fordway 432-6148

Planning Board, 40 Fordway 432-6148

Zoning Board, 40 Fordway 432-6148

Dog Pound, Fordway 432-6143

DISTRICT COURT

Clerk of Court, 29 W. Broadway 434-4676

Probation Department, 29 W. Broadway 432-6133

FIRE DEPARTMENT

To report a fire, 131 E. Broadway 911

For all other purposes, 131 E. Broadway 432-6121

POLICE DEPARTMENT

Emergency calls only, 1 Municipal Drive 911

For all other purposes, 1 Municipal Drive 432-61 1 1

PUBLIC LIBRARY, 64 E. Broadway 432-6140

PUBLIC WORKS DEPARTMENT

Office, 40 Fordway 432-6144

Highway Garage, 40 Fordway 432-6146

Pumping Station, Gilcreast Road 432-6126

Water Division, 40 Fordway 432-6147

RECREATION AND PARKS DEPARTMENT

Office, 3! W. Broadway 432-6136

Tennis Line 432-6137

Hood Park 432-6138

Gallien^ - Town Beach 432-6139

Alexander-Carr Playground (ski area) 432-1952

SCHOOL DEPARTMENTS

Adult Education, 6 Hood Road 432-1245

Derry Village School, 28 S. Main Street 432-1233

East Derry Memorial Elem., Dubeau Dr 432-1260

Floyd School, Highland Avenue 432-1242

Grinnell School, 6 Grinnell Road 432-1238

Hood Junior High School, 6 Hood Road 432-1224

Hot Lunch Program, 6 Hood Road 432-1231

Instructional Media Center, 6 Hood Road 432-1232

Pupil Personnel Serv., 18 S. Main 432-1215

South Range School, Drury Lane 432-1219

Supt. of Schools, 18 S. Main 432-1210



ABOUT THE COVER

House on Rt. 128 — formerly owned

by Waldo Young and before that

known as the Ballou Farm.

Now demolished.



ALL TOWN OFFICE HOURS

7:00a.m. to4:00p.m.

Extended Hours for

Town Clerk & Tax Collector

Wednesday: 7:00 a.m. to 7:00 p.m.





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