The fiscal year of the Town shall begin July 1 and run through
the subsequent June 30 in each year.
The preparation of the fiscal budget of the Town shall begin
at such time as specified by the Administrator or as directed by the
Administrative Code.[1] The chief officer or director of each department shall
submit to the Administrator an itemized estimate of the expenditures
for the next fiscal year for the department or activities under the
officer's control. In presenting the budget to the Town Council,
the Administrator shall also include a detailed report of estimated
revenues other than those to be derived from real estate taxes, paying
particular attention to departments or activities that are self-sustaining.
(A)
By April 1 the Administrator shall submit to the Clerk of the Town
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, an accompanying budget message and supporting
documents, including the estimated effect of the proposed budget on
the tax rate.
(B)
The message of the Administrator 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, 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 Administrator deems desirable
or the Town Council may reasonably require.
(A)
Limitation of budget increases. Recognizing that the final tax rates
for the Town of Derry are set by the New Hampshire Department of Revenue
Administration pursuant to state law, the Administration and Town
Council of the Town of Derry shall develop their annual budget proposals
in accordance with the mandates of this section. In establishing a
municipal budget, the Town Council shall be allowed to assume an estimated
property tax rate only in an amount equal to the equalized tax rate
established during the prior fiscal year increased by a factor equal
to the average change in the Northeast Region Consumer Price Index
for All Urban Consumers (CPI-U) as published by the United States
Department of Labor Bureau of Labor Statistics for the calendar year
immediately preceding budget adoption. Total expenditures for any
given budget year shall not exceed funds reasonably calculated to
be derived by a tax rate so established in addition to other revenues
generated by the municipality. This provision shall not prevent the
Town Council from establishing an annual municipal budget below this
limit. This provision shall not limit the Town Council from appropriately
funding any programs or accounts mandated to be paid from municipal
funds by state or federal law.
[Amended 3-9-2004;3-12-2013]
(B)
Exception to budget limitation. The total or any part of principal
and interest payments for any municipal bond may be exempted from
being included in expenditures subject to the prior limitation in
Section 9.4(A) upon a two-thirds vote of the entire Derry Town Council.
This decision shall be made annually.
(C)
Public hearing. The Town Council shall publish in one or more newspapers
of general circulation in the Town a general summary of the proposed
budget as submitted by the Administrator with a notice stating:
(D)
Adoption. The Town Council shall enact the budget, with or without
amendments, by May 31. 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 the budget by May 31, such budget
shall, without any action by the Town Council, be deemed to have been
adopted and shall be available for the purposes specified.
[Amended 3-13-2012, effective 7-1-2012]
At the beginning of each quarterly period during the fiscal
year, and more often if required by the Town Council, the Administrator
or designee shall submit to the Town Council data showing the state
of the Town's financial affairs. The Administrator shall, at
the Town Council's first regular meeting in the quarterly period,
using the same data furnished to the Town Council, provide a report
to the public that shows the relation between the estimated and actual
income and expenses to date, together with outstanding indebtedness
and estimated future expenses. The Town Administrator, with simple
majority approval of the Town Council, may reduce appropriations for
any item or items, except amounts required for debt and interest charges
or other legally required expenditures, to such a degree as may be
necessary to keep total expenditures within total anticipated revenues.
No appropriation shall be made for any purpose not included
in the annual budget as adopted, unless approved by a two-thirds majority
of all the members of the Town Council after a public hearing. The
Town Council shall, by resolution, designate the source of any money
so appropriated.
[Amended 9-11-2012]
No expenditure shall be made, and no obligation for expenditure
shall be incurred, except pursuant to a duly adopted appropriation
or a transfer of appropriation permitted by this section.
With the approval of a majority of the Town Council, the Town
Administrator may transfer any unencumbered appropriation balance
or any portion thereof from one department to another. The Town Administrator
may transfer any unencumbered appropriation balance or any portion
thereof within a department, provided that funds are available to
support the transfer, that the amount to be transferred is not essential
for the effective operation of the department’s functions, and
that the transfer is not otherwise contrary to state law.
(A)
The Town Administrator, after consultation with the Planning Board,
shall prepare and submit to the Town Council a capital improvements
plan at least one month prior to the final date for submission of
the budget. The capital improvements program shall include:
1.
A clear summary of its contents.
2.
A list of all capital improvements including major replacements which
are proposed to be undertaken during the next six fiscal years, including,
but not limited to, equipment, sewer and water mains or facilities,
roads, sidewalks, bicycle paths or lanes, public open spaces and recreation
facilities, new police or fire stations, and other new public facilities
and major items of equipment, with appropriate supporting information
as to the necessity for such improvements.
3.
Cost estimates, methods of financing and recommended time schedule
for each improvement.
4.
The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired.
(B)
The capital improvements plan shall be based on a period of not less
than six years and shall be guided by the Master Plan for the Town.
(C)
The foregoing information may be revised and extended each year with
regard to capital improvements still pending or in the process of
construction or acquisition.
(D)
The Town Council and Planning Board may meet annually in preparation
for and review of the capital improvements plan in a manner determined
from time to time by the Town Council.
[Amended3-12-2013]
(E)
A summary of the updated capital improvements plan with estimated
costs shall be included in the Town report, and the current year costs
of the capital improvements plan shall be included in the Town budget.
(F)
The Town Council shall publish in one or more newspapers of general
circulation in the Town a general summary of the capital improvements
plan and a notice stating:
(G)
After the public hearing and at the time of adoption of the budget as set forth in Section 9.4D of the Charter and on or before 30 days prior to the start of the ensuing fiscal year, the Town Council shall by resolution adopt the capital improvements plan with or without amendment, provided that each amendment must be voted separately and that any increase in the capital improvements plan as submitted must clearly identify the method of financing proposed to accomplish the increase.
[Amended 3-12-2002]
Every appropriation, except an appropriation for a capital expenditure
or dedicated funds permitted by state law, shall lapse at the close
of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for a capital expenditure shall continue
in force until the purpose for which it was made has been accomplished
or abandoned. The purpose of any such appropriation shall be deemed
abandoned if two years pass without any disbursement from, or encumbrance
of, the appropriation. Special revenue funds may be established in
accordance with state law for a specific purpose only upon receiving
a vote of 2/3 of all the members of the Town Council.
[Amended 3-13-2012, effective 7-1-2012]
The Administrative Code as approved by the Town Council shall
establish a purchasing and contract procedure, as well as a noncompetitive
bid procedure, including the assignment of all responsibility for
purchasing to the Town Administrator or designee, and the combination
purchasing of similar articles by separate departments. The Town Administrator,
through a written procedure and notification of the Town Council,
shall establish dollar limits for purchases and contracts which must
be by competitive bid and shall establish 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 the Town Administrator; however,
the Town Administrator must have the approval of the Council Chair
to waive bidding requirements on his/her purchases.
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 benefited, 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 2/3 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.
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.
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.
The Trustees of Trust Funds shall invest and account for funds
under their supervision in accordance with state law.
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.
[Amended 3-13-2012, effective 7-1-2012; 9-11-2012]
There shall be a Treasurer of the Town appointed upon the recommendation
of the Town Administrator with approval by the Town Council. The appointment
shall be made in writing and shall include the compensation to be
paid. 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.
A Deputy Treasurer shall be appointed by the Treasurer with
the approval of the Town Council. The Deputy Treasurer shall be qualified
in the same manner as the Treasurer and shall perform all the duties
of the Treasurer in the event of the Treasurer's absence by sickness,
resignation, or otherwise.
Transitional provision. Pursuant to RSA 669:17-d, upon passage
of this amendment the person holding the elected office of Treasurer
shall continue on until the next annual Town election following the
discontinuance of the elected office of Treasurer.
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.
[Amended 3-13-2012, effective 7-1-2012; 3-12-2013]
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
five years the Town Administrator, on behalf of the Town Council,
shall issue a request for proposal for the provision of independent
audit services.
[Added 3-12-2013]
An annual report of the Town’s business for the preceding
year shall be made available to the public not later than 150 days
after the close of the fiscal year.
