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Annual reports of the Town of Derry, New Hampshire (Volume 2003) online

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and shall establish the bidding procedures. No competitive bids shall be required when
purchasing through the State of New Hampshire or at the State of New Hampshire bid
prices. Requirements for bids may be waived in specific instances by a two-thirds vote of
the Town Council. The 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.

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



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 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 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.

(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 Council;

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.

(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.

ARTICLE 1 1
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 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 1 1 .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.



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NOTES





About the Cover:



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EUie "working out" on agility course at the Deny Dog Park. The Park is
completely maintained by private donations. The Park, located at 45 Fordway, opened
October 14, 2002, and is the First Enclosed Dog Park in New Hampshire.



OFFICE HOURS

7:00 a.m. to 4:00 p.m.

Extended Hours for Town Clerk and Tax Collector

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

TELEPHONE NUMBERS
DISTRICT COURT - 10 Manning Street

Clerk of Courts 434-4676

FIRE DEPARTMENT - 131 E. Broadway

To report a fire 911

For all other purposes 432-6121

East Deny Fire Dept, East Derry Road 432-9559

MUNICIPAL CENTER - 14 Manning Street

Administrator's Office 432-6100

Assessor's Office 432-6104

Code Enforcement/Building Inspector/Health Officer 432-6 1 48

Community Access Channel 17 425-203 1

Community Development 432-61 10

Emergency Management 432-6102

Finance Department 432-6103

Fire Prevention Bureau 432-6148

Human Resources 432-61 00

Human Services (welfare) 432-6753

Planning Board 432-6110

Public Works 432-6144

Supervisors of Checklist 432-6766

Tax Collector 432-6106

Town Clerk 432-6105

Water Department 432-6147

Zoning Board of Adjustment 432-6148

PARKS & RECREATION - 3 1 West Broadway

Director's Office 432-6763

Recreation Office 432-6136

Hood Park 432-6138

Gallien's Town Beach 432-6139

Alexander Carr Playground 537-9205

POLICE DEPARTMENT - 1 Municipal Drive

Emergency Calls only 911

For all other purposes 432-61 1 1

Animal Control, 40 Fordway 432-6143

PUBLIC LIBRARIES

Derry Public Library, 64 E. Broadway 432-6140

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

SCHOOL DEPARTMENT

Superintendent of Schools, 18 So. Main Street 432-1210





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