Derry (N.H.).

Annual reports of the Town of Derry, New Hampshire (Volume 1994) online

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Council shall establish dollar amounts for purchases and
contracts, over which no purchases shall be made or contracts
entered into without the affirmative vote of a majority of the
Town Council. If the Town Council has voted to make a purchase
or enter into a contract, the Administrator shall carry out the
vote of the Council and enter into such transaction on behalf of
the Town.

SECTION 9.11 Special Assessments

When it appears either by petition or Council deliberation that
the cost of a public improvement should be defrayed in part or
whole by special assessment upon the property especially
benefitted, the Town Council shall have authority to so declare
by resolution. The Town Council shall hold a public hearing
prior to enacting any special assessment resolution. Such
resolution shall state the estimated cost of the improvement, the
proportion of the cost to be borne by special assessment and the
proportion to be borne by Town general revenues. The resolution
shall designate the areas of the Town or the premises on which
the special assessment shall be levied and the conditions of
payment of the levy. Adoption of the resolution shall require an
affirmative vote of two-thirds of all the members of the Town
Council.

The Town Council shall prescribe by ordinance, complete special
assessment procedures concerning plans and specifications
estimate of costs, notices, hearings and any other matters
concerning the financing of improvements by the special
assessment method.

SECTION 9.12 Fiscal Control

The Administrative Code shall establish procedures governing
fiscal control of all Town finances, including, but not limited
to, a pre-audit of all authorized claims against the Town before
payment .

SECTION 9.13 Bonding of Officials

Any Town officer or employee (other than Town Councilor) may be
required by the Administrator to give a bond for the faithful
performance of the duties of the office. The Administrator and
all officers receiving or disbursing Town funds shall be so
bonded. All official bonds shall be corporate surety bonds, and
the premiums thereon shall be paid by the Town. Such bonds shall
be filed with the Town Clerk.



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SECTION 9.14 Investments, Trust Funds

The Trustees of Trust Funds shall invest and account for funds

under their supervision in accordance with State law.

SECTION 9.15 Grants, Gifts

The Town Council may apply for, accept and expend monies received
from the State, Federal, or other governmental units, or from
private sources which become available during the fiscal year. A
procedure for accounting for such monies shall be provided for in
the Administrative Code. No Town funds shall be expended as
matching funds for such monies unless lawfully appropriated for
such purpose.

SECTION 9.16 Town Treasurer

There shall be a Treasurer of the Town, elected for a term of 3
years. The Treasurer shall have custody of all monies belonging
to the Town and shall pay out the same only upon orders of the
Administrator and the Chairman of the Town Council or as
otherwise authorized by State law. The Administrator shall
initiate and sign a document, to be co-signed by the Chairman of
the Council or designee, listing payments to be made. The
Administrator shall attach to the document all supporting papers,
as specified by the Administrative Code, authorizing the
Treasurer to make payment.

The Treasurer shall deposit all monies, invest excess funds and
account for same as directed by this Charter, the Administrative
Code, and State law. A vacancy in the office of the Town
Treasurer shall be filled by appointment by the Town Council for
the unexpired term.

SECTION 9 . 17 Borrowing Procedure

Subject to the applicable provisions of State law and the
Administrative Code, the Town Council, by resolution, may
authorize the borrowing of money for any purpose within the scope
of the powers vested in the Town and the issuance of bonds of the
Town or other evidence of indebtedness therefor, and may pledge
the full faith, credit and resources of the Town for the payment
of the obligation created.

SECTION 9.18 Independent Audit

Independent compliance and financial audits shall be made of all
accounts of the Town at least annually and more frequently if
deemed necessary by the Town Council. Such audits shall be
conducted according to auditing procedures of the American
Institute of Certified Public Accountants, the National Committee
on Government Accounting, and other such procedures which may be
necessary under the circumstances, by certified public
accountants experienced in municipal accounting. Summaries of
the results of such audits, including findings and
recommendations and any management letters, shall be made public.
At least once every 5 years the Town Council shall change
auditors. An annual report of the Town's business for the



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preceding year shall be made available to the public not later
than 90 days after the close of the fiscal year.

CHARTER COMMISSION COMMENTS: Article 9 allows the initial
presentation of the budget to be made by the Administrator,
and makes provisions for intradepartmental and
interdepartmental transfer of appropriations. Provides for
election of a Town Treasurer. Requires change of auditors
at least once every 5 years.



ARTICLE 10

GENERAL PROVISIONS

SECTION 10.1 Availability of Town Records
In compliance with RSA 91-A, a copy of all ordinances, the
Administrative Code or other 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
requesting such information.

SECTION 10.2 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 Town shall
indemnify any such officer or member for expenses or damages
incurred in the defense or settlement of a claim against the
officer or member which arose while acting in good faith within
the scope of official duties or employment, but only to the
extent and subject to the limitations imposed by State law.

SECTION 10.3 Prohibition

(A) No officer or employee of the Town shall appear as counsel
before any agency of the Town of Derry.

(B) 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 the
transaction as a Town officer or employee. Any Town officer or
employee who willfully conceals such interest or willfully
violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit the office or
position. In addition, the transaction shall be voidable by the
Town Council if the person contracting with or making a sale to
the Town has knowledge that this section has been violated.

(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



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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 office shall directly or
indirectly give, render or pay any money, service or other
valuable thing to any person for or in connection with any test,
appointment, proposed appointment, promotion or proposed
promotion.

4. No person who runs for Town office shall 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 10.4 Severability

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

SECTION 10.5 Specific Provisions Shall Prevail
To the extent that any specific provision of this Charter
conflicts with any provision expressed in this Charter in general
terms, the specific provision shall prevail.

SECTION 10.6 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 place of business of each
member at least 48 hours in advance of the time set. A copy of
the said notice shall also be posted on the Town bulletin board.

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 100 voters which states the purpose or
purposes for which the meeting is to be called. Meetings of all
multiple member bodies shall be open and public; however, a



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multiple member body may meet in a non-public session as
permitted by RSA 91-A.

(B) Agenda. Except in cases of emergency, at least 48 hours
before any meeting of a multiple member body is to be held, an
agenda shall be posted containing all items which are scheduled
to come before the meeting. 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
this Charter or by State law. The Town Clerk or designee shall
take and keep the minutes of the respective proceedings. Such
rules and minutes, except 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 shall be valid or binding.

SECTION 10.7 Duties of the Chairman of the Town Council

(A) The Chairman of the Town Council, in addition to other duties
as provided for in this Charter, shall, after consulting with the
Administrator, prepare the agenda for presentation to the
Council.

(B) The Chairman shall meet with the Administrator as often as
they both shall deem necessary in order to ensure that the
Administrator and the Town Council are in agreement as to
decisions made, or to be made, and to share information that may
be of benefit to the Chairman and the Town Council regarding
public relations, economic development plans, or other public
matters the Council may request the Administrator to pursue.

(C) The Chairman shall advise the Town Council on a monthly basis
as to activities and progress on matters assigned to the
Chairman.



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(D) As a member of the Town Council, the Chairman shall be fully
subject to the non-interference requirement of Section 8.7 of
this Charter.

(E) In order to carry out the Chairman's responsibilities, the
Chairman shall be furnished a desk, office space, and secretarial
services as needed. Upon leaving office the Chairman shall
immediately turn over all papers, files, or other matters to the
duly elected successor.

SECTION 10.8 Definitions

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

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

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

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

(D) Initiative Measure. The words "initiative measure" shall
mean a measure proposed by initiative procedures under this
Charter, but excluding:

1. Matters relative to the organization or operation of the
Town Counci 1 ;

2. An emergency measure passed in conformity with this Charter;

3 . The Town budget ;

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 duly
adopted collective bargaining agreement;

7. Any proceeding, or part thereof, relating to the election,
employment, appointment, suspension, transfer, demotion,
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 procedures:

(E) Majority Vote. Unless otherwise expressly provided, the
words "majority vote" shall mean a majority of those present and
voting with a quorum of the body present.

(F) Measure. The word "measure" refers to a specific act, or
proposal. The specific act or proposal may be a resolution, an
ordinance, a referendum vote to be taken, or other proposed
action, depending on the matter to be acted on.



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

(H) 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.

(I) Referendum Measure. The words "referendum measure" shall
mean:

1. a measure protested by referendum procedures under this
Charter, including a specific item in the Town budget, but
excluding items 1 through 7 listed in 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.

(J) Town. The word "Town" shall mean the "Town of Derry."

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

(L) Voters. The word "voters" shall mean registered voters of

the Town of Derry.

CHARTER COMMISSION COMMENTS: Article 10 includes some of
the general policies or provisions now included in the
present Derry Charter, and defines other duties and
responsibilities of the Council Chairman.

ARTICLE 11
TRANSITIONAL PROVISIONS

SECTION 11.1 Continuation of Government

All members of the Town government, elected or appointed, except
those abolished by this Charter, shall continue to perform their
duties until the expiration of their current term, and until
successors to their respective positions are duly appointed,
elected and qualified, or their duties have been transferred.
The Town Council shall take whatever measures are necessary to
effectuate an orderly transition and shall take whatever actions
are necessary to enable such transitions in office to comply with
the provisions of this Charter.

SECTION 11.2 Continuation and Compensation of Personnel;
Abolition of Office of Mayor

(A) Until expressly changed after the effective date of this
Charter, the compensation of all officers and employees of the
Town shall be the same as in effect June 30, 1993.

(B) Any person holding an office or position in the service of
the Town, or any person serving in the employment of the Town,
shall retain such office or position and shall continue to

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perform the duties thereof unless or until provisions shall have
been made in accordance with this Charter for the performance of
such duties by another person or agency. No person in the
permanent full-time service of employment of the Town shall
forfeit pay grade or time in service by reason of such transfer.
All such persons shall be retained in capacities as similar to
their former capacities as is practical.

(C) The office of Mayor shall be abolished as of the effective
date of this Charter. The present incumbent shall become a
Councilor-at-large, and shall have all privileges, rights and
access to information as any Councilor, and shall serve until the
expiration of the elected term, March 9, 1995.

(D) The Administrator, responsible to the Mayor for the
administration of all Town affairs placed in the Administrator's
charge under the former Charter, shall, upon the effective date
of this Charter, serve under the direction and supervision of the
Town Council. Any prior agreement for employment of the
Administrator, express or implied, shall terminate upon the
effective date of this Charter. A new agreement for employment
may be approved by the Town Council under the provisions of this
Charter.

SECTION 11.3 Council Salaries

The salary to be paid each Town Councilor shall, as of July 1,
1993, not exceed $2500.00 per annum. In addition to this sum,
the Chairman of the Town Council shall receive an additional sum
of $1500.00. Such salaries shall continue until changed by the
Town Council pursuant to Section 5.8 of this Charter.

SECTION 11.4 Transfer of Records and Property

As of the effective date of this Charter, 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 to the Town agency to which such powers and duties
are assigned.

SECTION 11.5 Effective Date

This Charter shall take effect July 1, 1993, except as otherwise

provided. Prior to that date, the Town Council shall prepare for

transition to the form of government established by this Charter.

SECTION 11.6 Absorption of the East Derry Fire District

If at any time the voters of East Derry Fire District vote to

dissolve the district, the functions, responsibilities and duties

of the district shall become the responsibilities of the Town.

All permanent full-time employees of said district shall be

transferred to the Town fire service in capacities as similar to

their former capacities as is practicable.

CHARTER COMMISSION COMMENTS: ARTICLE 11 provides for the
transition procedures relating to elected or appointed
officials, and any other employees of the Town. It provides
for the abolishment of the Mayor's position and allows the
encumbent to become a Councilor-at-large for the remainder
of the person's elected term of office. The Administrator
is now to be hired and employed by the Council and,
accordingly, is now under their direction and supervision.
It also establishes the effective date this Charter will
replace and present document.

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ALL TOWN OFFICE HOURS
7:00 a.m. to 4:00 p.m.

Extended Hours for

Town Clerk & Tax Collector

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



TELEPHONE NUMBERS

TOWN OF DERRY

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 ENF :

Building Inspector, 40 Fordway 432-6148

Planning Board, 40 Fordway 432-6148

Zoning Board, 40 Fordway 432-6148

Dog Pound, Fordway 432-6143

D

Clerk of Court, 29 W. Broadway 434^676

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

p; "

Emergency calls only, 1 Municipal Drive 911

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

PUBLIC ASSISTANCE 432-6753

PUBLIC LIBRARIES

MacGregor Library, 64 E. Broadway 432-6140

Taylor Library, 49 E. Derry Rd., E. Derry 432-7186

Fl. aRTMENT

Office, 40 Fordway 432-6144

Highway Garage, 40 Fordway 432-6146

Pumping Station, Gilcreast Road 432-6126

Water Division, 40 Fordway 432-6147

R:_ ^'ARTMENT

Office, 31 W. Broadway 432-6136

Tennis Line 432-6137

Hood Park 432-6138

Galliens - Town Beach 432-6139

Alexander-Carr Playground (ski area) 432-1952

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: The Taylor Mill, located on Island Pond Road, was in
operation about 1805 and was owned by Robert Taylor. Originally the saw was an
"up and down" type but after the Civil War was converted to a circular saw. When
the property was purchased by Ernest K. Ballard in 1939 it was restored to an up and
down saw mill. The mill was given to the state after his death in 1954. (Peter Correia
of Derry is the artist)





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