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.
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.
(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.
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.
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.
(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 1/3 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.
(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 noninterference 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.
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 Definition D, Initiative Measure; 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) 
Town 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.