North Smithfield Town Charter
(Last update 11/2/1993)
PREAMBLE
The people of the Town of
North Smithfield, in order to secure the right of self-government in all local
matters, pursuant to the provisions of the Constitution of the State of Rhode Island
and Providence Plantations, do adopt and establish this charter.
ARTICLE I. BASIC PROVISIONS
Sec.
1. Municipal body.
The
inhabitants of the Town of North Smithfield, within the corporate limits as now
or hereafter established, shall continue to be a municipal body politic and
corporate in perpetuity.
Sec. 2. Form of government.
The
form of town government provided by this charter shall be the
administrator-council form of government. Pursuant to its provisions and
subject only to the limitations imposed by this state constitution and by this
charter, all powers of the town, except those vested in the financial town
meeting, shall be vested in an elected town council which shall enact local
legislation, and in an elected town administrator who shall be responsible for
the execution of the laws and the administration of the town government.
Sec. 3. Local self-government.
The
town shall have all powers of local self-government and home rule and all
powers possible for a town to have under the constitution of this state,
together with all the implied powers necessary to carry into execution all the
powers granted. The town shall have such additional powers as now or hereafter
may be granted to the town by the laws of the state. All powers of the town
shall be exercised in the manner prescribed by this charter, or if not so
prescribed, then in such manner as shall be provided by ordinance or resolution
of the council.
Sec. 4. State law.
The
laws of the state not inconsistent with this charter, except those superseded
by or declared inoperative by ordinance or resolution of the council, shall
have the force and effect of ordinances of the town.
Sec. 5. Ordinance.
In
the event of conflict between any town ordinance or resolution and any law of
the state, other than a law enacted in conformity with the powers reserved to
the General Assembly by the. constitution and except in ' regards to questions
of health, education and police- power, the provisions of the town ordinance or
resolution shall prevail and control. (Amend. of 11-4-75)
Sec. 6. Property.
The town may acquire property within or without its
corporate limits for any municipal purpose, in fee simple or any lesser
interest or estate, by purchase, gift, devise, lease or condemnation, and may
sell, mortgage, hold, manage and control such property as its interest may
require.
Sec. 7. General powers.
The town shall have and may exercise all local and
municipal powers, functions, rights, privileges and immunities of every name
and nature whatsoever unless otherwise prohibited by the constitution of the
state or by this charter. The enumeration of particular powers by this charter
shall not be deemed to be exclusive, and in addition to the powers enumerated
therein or implied thereby, or appropriate to the exercise of such powers, it
is intended that the town shall have and may exercise all powers which, under
the constitution of the state, it would be competent for this charter
specifically to enumerate.
Sec. 8. Legislative powers.
The town shall have power to adopt and amend local
laws and ordinances relating to its property, affairs and government. The legislative powers of the town shall be
vested in the Town Council except such powers as are vested in the financial
town meeting.
Sec. 9. Contracts with other
bodies.
The town may enter into a contract or cooperative
agreement with the federal government, with the state, or with any political
subdivision thereof for the performance of any services and the use of any
facilities.
ARTICLE II. ELECTIONS*
*State law reference - Opening and closing times of polls, G.L. 1956, §§ 17-18-10,
17-18-11.
The Town
shall consist of one district
Sec.
2. Regular, special elections.
A regular town election shall be held on the first
Tuesday after the first Monday in November
in even numbered years. A special election may be held at, any time at the
order of the town council, or as otherwise provided in this
charter.
Sec. 3. Commencement of terms.
The term of office of all town officers elected by the people at a regular municipal election shall date from 8:00 p.m. local time, on the first day of December in the year of their election. The term of office of all town officers elected by the people at a special municipal election shall date from the tenth day following the election.
Sec. 4. Petitions.
Each candidate for elective office in the town shall be a qualified elector of the town. Candidates for election may be nominated by petition signed by not less than fifty (50) qualified electors of the town.
Petitions
for the nomination of candidates shall be filed with the canvassing authority
of the town not earlier than five (5) weeks nor less than three (3) weeks prior
to the date of the primary election. Forms for nominating petitions shall be furnished by the canvassing
authority at least five (5) weeks prior to the date of the primary election.
The nominating petitions for any candidate may be assembled into one petition
before filing with the canvassing authority.
Each
nominating petition shall
state the name of
the office and set forth the name and place of residence of the candidate
thereby nominated. Declarations of candidacy must be filed with the canvassing authority not less than one week prior to
the time when nominating petitions must be furnished to candidates.
Every voter signing a nominating petition shall
indicate thereon his place of residence and street number,
if any. No voter shall sign petitions for more than the number of candidates
for each office for which he is entitled to vote at the election and, should he
do so, his signature shall be counted only upon the first petition or petitions
filed and shall be void upon all other petitions.
Before
a nominating petition may be filed with the canvassing authority there shall
be filed with said canvassing authority an acceptance of the nomination in
writing, signed by the candidate, which shall certify that the nominee consents
to stand as a candidate and that if elected he agrees to take office and serve.
Each nominating petition shall be verified by an
oath or affirmation of one or more of the persons circulating the petition,
taken and subscribed before a person qualified to administer an oath, to the
effect that the petition was signed by each of the signers thereof in the
handwriting of the signer.
Upon receiving a nominating petition and statement
of acceptance of any candidate, the canvassing authority of the town shall
then certify to the validity of any petition having a sufficient number of
proper signatures
The canvassing authority shall certify a list of candidates and shall cause to be published in one or more newspapers having a general circulation in the town the names and addresses of the candidates who have duly filed valid nominating petitions and acceptances.
Sec. 6. Ballot arrangement.
The ballot for town elections shall contain the
names of the candidates arranged by the offices to be voted for and listed
alphabetically under the title of the office. No name or designation shall
appear upon the ballot other than the name and address of each candidate.
Sec. 7. Primary election
procedures.
A primary election to determine the candidates to be
voted upon at the subsequent town election, whether regular or special, shall
be held twenty-eight (28) days prior to the date of the
regular or special town election.
At the primary election the number of candidates
equal to twice the number of places to be filled at the regular or
special town election who shall receive the greatest number of votes shall be
declared nominated as candidates for office.
An additional candidate or candidates beyond the
limitation imposed by section 7 of this charter shall be declared nominated at
the primary election whenever a candidate receiving the least number of votes
qualifying him as a candidate for office shall receive the same number of votes
as another candidate or candidates. In such event all candidates receiving the
same number of votes shall be declared nominated.
If the number of candidates certified for any
elective office does not exceed twice the number of places to be filled at the
election, then no primary election shall be held for such office.
Sec. 8. Declaration of elected
candidates.
At any
town election other than a primary election, the person or persons receiving
the greatest number of votes for an office, not exceeding the number of persons
to be chosen, shall be declared elected to the office.
The
votes shall be counted and the result of the election declared by the
canvassing authority of the town in the manner provided for other elections.
Sec.
9. Miscellaneous requirements.
The council by ordinance shall provide for
nominations, primaries and elections for town' offices or for questions on local matters, except
as otherwise required by this charter.
The residents of the town having the qualifications
of electors in the state shall be electors of the town.
No person may be a candidate for more than one
elective office at any one town election.
Sec. 10. Board of
canvassers and registration.
There shall be a bipartisan
canvassing authority elected by the town council as provided by the
constitution and laws of the state. Said canvassing authority shall be known as
the board of canvassers and registration and shall be vested with all the
powers and duties now or hereafter vested by law in the canvassing authority
or board of registration of the town. All members of said authority or board
now in office shall continue in said positions as members thereof
until the expiration of the term for which they were chosen.
State law references - For such powers and duties, see G.L. 1956, § 17-8-5;
violation by board, statutory penalty, § 17-8-8.
Sec. 1. Fiscal year.
The fiscal year of the town government shall begin
on the first day of July and shall end on the last day of June of each calendar
year.
(Amend. of 11-7-89, § 2)
Sec. 2. Submission of estimates.
(a) No later than the second Monday in January of each year, operating budget requests shall be submitted to the Town Administrator by the head of each department, (excluding that of the School Department), board or other agency whose activities are to be supported in whole or in part by town funds during the next fiscal year in accordance with Article VIII of the home rule charter.
(Amend. of 11-7-89, § 2; Amend. of 11-2-93)
(b) No later than the fifteenth day in February of each year, the school department shall submit their operating budget requests to the town administrator.
''Editor's note-Section 1 of
Charter Amendment of Nov. 7, 1989, repealed former Art. III, Town Meeting,
§§ 1-10, as amended by Charter
Amendments of Nov. 4, 1975, and Nov. 3, 1987; and § 2 of Charter Amendment of
Nov. 7, 1989, added a new Art. III, §§ 1-11, to read as herein set out.
Sec. 3. Budget committee.
There
shall be a budget committee consisting of five (5) members who shall be appointed
by the town council. Each member of the town council shall appoint one
(1) member to the budget committee to serve for al term of two (2) years. Said
appointments shall be effective from 8:00 p.m. local time on the first day of
December in each election year. A member shall be a person who is a qualified voter of the Town of North Smithfield and shall serve
without compensation, but an appropriation
for their actual expenses shall be made. In the case of a vacancy on the
committee after the appointment of its
members, such vacancy or vacancies shall be filled by the town council member
who made the original appointment or replacement.
(Amend.
of 11-7-89, § 2)
Sec. 4. Budget process and format.
The
budget shall be prepared in accordance
with the provisions of Article VIII of the home rule charter.
(Amend.
of 11-7-89, § 2)
Sec. 5. Submission of budget to the council.
No
later than the second Monday in April of each year, the budget committee shall
cause copies of the budget recommendations to
be delivered to each member of the town council and shall file one copy
of the town clerk to be available for public inspection. Recommendations shall
include an estimate of funds on hand and
obligations pending as of the
beginning of the new fiscal year, estimates of revenue anticipated together
with its revenue and tax proposals,
recommended expenditures divided into an operating budget and capital budget and such supporting explanations and
information as it may deem appropriate: or the council shall
have requested. In preparing the budget, the budget committee shall have the
authority in consultation with the town administrator to alter the estimates
submitted as, it shall see fit.
(Amend.
of 11-7-89, § 2; Amend. of 11-2-.93)
Sec. 6. Capital budget consideration;
(a) All capital budget requests (excluding that of the school
department) shall be submitted to the planning board by the second Monday in
January. They shall make their recommendation to the budget committee by March
1.
(b)
(b)
The school
department shall submit their capital budget requests to the planning board no
later than February 1.
(Amend. of 11-7-89, § 2;
Amend. of 11-2-93)
Sec. 7. Hearing.
The
Council shall schedule a public hearing on the budget prior to adopting the
budget.
(Amend.
of 11-7-89, § 2; Amend. of 11-2-93)
Sec. 8. Final council consideration.
a)
a)
Upon
completion of the public hearing, the council shall take the results thereof
under consideration
and shall make changes in the budget as it may feel appropriate.
Final adoption of the budget shall be voted no later than June 30.
Certification of the budget shall be in accordance with Article VIII of the
home rule charter.
b) The town council shall have and exercise the powers vested
in the town to raise by a tax upon real and personal estates such sums of money
as may be required to pay town debts and to defray the necessary charges and
expenses of the town, and it also may assess, levy or impose any other taxes
for the support of the town which may legally be assessed, levied or imposed.
(c) The town council may at a regular or special meeting authorize
the hiring, pursuant to statutes now or hereafter in effect, of money in each
financial year in anticipation of the receipt of the proceeds of the annual tax
due or to become due in said financial year upon the ratable property in town.
Tax anticipation
notes shall be repaid within the taxable year for which they are
borrowed.
(Amend. of 11-7-89, § 2; Amend. of 11-2-93)
Sec. 9. Participation by the electorate.
Any
qualified elector of the town may circulate a petition for the holding of a
special town meeting (as set forth in Article III, Section 10 of the home rule
charter) to reconsider items for expenditure in either the operating budget or the capital budget as finally approved by the council or to consider the insertion of a new item
or items in the capital budget.
Regarding the school budget, only the total sum
appropriated for school purposes shall constitute an item subject to petition in this manner. Such petition shall be upon forms prepared and provided
by the town clerk and shall enumerate
the specific item or items to be reconsidered, the amount of the increase or
decrease proposed or the new item proposed for insertion and its amount. All such petitions for the
calling of a special town meeting must be filed with the board of canvassers no
later than one (1) week following the adoption of the final budget as provided
in section 8 above.
(Amend.
of 11-7-89, § 2; Amend. of 11-2-93)
Sec.
10. Special town meetings.
a)
a)
The board of
canvassers shall approve any such petition for the calling of a special town
meeting if it bears valid signatures of at least five hundred (500) qualified
electors of the town. Upon the approval of any
such petition or petitions, the board shall notify the town clerk to call a
special town meeting. This notification must be made not later than two (2)
weeks following receipt of the most recently submitted of the petitions approved.
b)
b)
The town clerk
shall fix the date of such special town meeting so that it shall be held not
later than two (2) weeks following notification by the board of canvassers and
shall cause notice to be given to the electors of the town in the manner
prescribed by law for such meetings. The warrant shall only include the item or
items and amounts enumerated in the
petition or petitions requesting the meeting, and no business other than those
specific items and amounts shall be in order. All items enumerated in valid
petitions shall be considered at a single-town meeting. The decisions of any
such special town meeting 'respecting the item or items it was called to
consider shall be final and binding on the council, the town administrator and
all others -concerned.
c)
c)
At least four
hundred (400) qualified electors shall be necessary to constitute a quorum at
any special town meeting. All questions
shall be decided by a majority of the votes of the qualified electors present.
d)
d)
In no case may
the operating budget of a department or agency be increased by a special town
meeting above the total amount of said budget as submitted to the council by
the budget committee.
e)
e)
No town
meetings shall be called or held except in accordance with the foregoing
provisions of this article. At special town meetings held in accordance
herewith, the president of the town council shall preside. Such special town
meetings shall be conducted in accordance with applicable provisions of state
law not inconsistent with this charter.
f)
f)
(Amend. of
11-7-89, § 2)
g)
g)
If no petition
shall have been filed with the board of canvassers within the time limit set
in section 9 hereof or if no petition so filed is approved by the board under
the terms of subsection (a) of this section, the budget shall stand as adopted
pursuant to section 8 hereof.
(Amend. of 11-7-89, § 2)
Sec. 11. Bond issues.
The electors of the town
otherwise qualified to vote in any general or special election in the town may
at a regular or special election authorize the issuance of bonds pursuant to
the statutes now or hereafter in effect.
(Amend. of 11-7-89, § 2)
Sec. 1. Number, selection, terms.
The
town council shall consist of five (5) member elected from the town at large,
each to serve for a term of two years, such term to begin on the first day of
December next following their election, or until their successors are elected
and qualified.
Sec. 2. Qualifications.
Members
of the town council shall be qualified electors of the Town of North Smithfield
and shall hold no other public office or employment in the service of the town
or an elective office in the state or federal government. Current service as
notary public, justice of the peace, membership in the national guard or naval,
air or military reserve shall not disqualify persons for council membership. If
a member of the town council shall cease to possess any of these
qualifications his office shall immediately become vacant.
Sec. 3. Vacancies.
Any
vacancy in the membership of the town: council may in the discretion of said council be filled for the unexpired
term, except that if a vacancy in the council shall occur more than one year
prior to the time for the holding of an election, the council shall, within thirty (30) days after the vacancy
occurs call a special election for the purpose of filling such vacancy.
Sec. 4. Presiding officer.
At its
organization meeting, upon the election of a new town council, the town council
shall elect one of its members as town council president. The president shall preside at meetings of the council, but
he shall have no administrative duties. Such office shall not deprive the
council president of his vote on any question. At said meeting the council
shall elect from its members a president pro tempore who shall perform the
duties of the president in the absence or disability of the president.
Sec.
5. Compensation.
The president of the town council and the members
shall receive such annual compensation as the council shall fix by ordinance, and shall
be approved by the electors at the annual financial town meeting, provided that
no change in compensation shall take effect until after the next biennial
election and installation of town councilmen.
Sec. 6. Quorum.
Three (3) members of the town council shall
constitute a quorum for the transaction of business, but a smaller number may
adjourn from time to time. At least forty-eight (48) hours' notice of the
holding of an adjourned meeting shall be given all members
who were not present at the meeting from which the adjournment was taken.
Sec. 7. Meetings.
The first meeting of the
newly elected town council for induction into office and organization shall be
held at 8:00 p.m., on the first day of December.
Thereafter the town council shall meet regularly at such time and at such place
as may be prescribed by its rules but not less frequently than once each month.
A special meeting of the town council shall be called by the town clerk at the
request of the town council president or a majority of the members
of the town council. Notice of a special meeting shall be given to each
member at least forty-eight (48) hours previous to the time of such meeting.
The town
council may meet upon shorter notice by unanimous consent of all its members
which shall be entered in the record of proceedings. The purpose of a special
meeting shall be stated in the notice of the meeting and no business shall be
transacted at any special meeting other than that which has been stated in the
notice. All meetings of the town council shall be open to the public, and
citizens shall have a reasonable opportunity to be heard, except that this
provision shall not -be deemed to prevent the holding of executive
sessions, provided that all votes are taken in public.
State law reference -
Emergency location of town government, G.L. 1956, § 30-15.2-1.
Sec. 8. Powers.
The
town council shall be the policy-determining body of the town. All powers of
the town excepting such as may belong to the town meeting or to other agencies
as provided in the charter and by law shall be vested in the town council.
Without limitation of the foregoing grant or of other powers given to it by
this charter, the town council shall have the power
1)
1)
To determine its own rules and order of
business and keep a journal of its proceedings which shall be open to public
inspection in the office of the town clerk;
2)
2)
To judge the eligibility of its own
members subject to review by the courts on questions of fact and law;
3)
3)
To enact, amend or repeal rules,
ordinances and resolutions for the government of the town which have to do
with the preservation of the public peace, health, safety, welfare and comfort
of the inhabitants and the protection of persons and property, and other
municipal functions. The town council may provide reasonable penalties in
accordance with the law for the violation of any ordinances;
4)
4)
To create, change and abolish
departments, offices and agencies other than those established by this charter
and distribute the work among them, and assign additional functions or duties
to departments, offices and agencies established by or under this charter, but
may not discontinue or assign to any other department, office or agency, any
function or duty assigned by this charter to a particular department, office or
agency;
5)
5)
To inquire
into the conduct of any office or officer, department or agency of the town
6)
6)
To fill all
vacancies in all elective or council appointive offices, boards and
commissions for the remainder of the respective terms thereof except as
specifically provided otherwise in this charter;
7)
7)
To establish by ordinance the compensation that may be
paid to all elective or appointive officers and employees, including board and
commission members of the town and stipulate the amount in each instance,
except where specifically provided otherwise in this charter;
8) 8)