PREAMBLE

 

We 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title 1

BASIC PROVISIONS

 

Chapter 1

INCORPORATION

 

1-1-1            INHABITANTS INCORPORATED AS TOWN WITH POWERS AND DUTIES OF A TOWN.  The inhabitants of the Town of North Smithfield, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of “Town of North Smithfield.”  As such they shall continue to have exercise and enjoy all rights, immunities, powers, privileges and franchises and shall be subject to all the duties and obligations, now incumbent on or appertaining to the Town of North Smithfield as a municipal corporation or by virtue of the laws of this state so far as they shall not be altered by this Charter or amendments hereof.

 

Chapter 2

FORM OF GOVERNMENT

 

1-2-1          COUNCIL-TOWN MANAGER GOVERNMENT. The municipal government established by this Charter shall be known as a “Council-Town Manager Government.”

 

1-2-2    ALL POWERS IN TOWN COUNCIL; APPOINTMENT OF TOWN MANAGER.  Subject only to the limitations imposed by the State Constitution, all powers of the Town of North Smithfield and to the restrictions and exceptions contained in this Charter, all powers of the Town of North Smithfield shall be vested in an elective council, to be known as the “Town Council” hereinafter referred to as the “Town Council” The Town Council shall be the legislative body of the Town of North Smithfield.  The Town Council shall determine policies and shall appoint the Town Manager.  The Town Manager shall execute the laws and administer the government of the Town of North Smithfield under the authority of the Town Council.

 

Chapter 3

POWERS OF TOWN

 

1-3-1            POWERS GRANTED TOWN.  The Town of North Smithfield shall have all powers of local self-government and home rule and all powers possible for a Town of North Smithfield 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 of North Smithfield shall have such additional powers as now or hereafter may be granted to the Town of North Smithfield by the laws of the State. All powers of the Town of North Smithfield 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 Town Council.

Chapter 4

STATE LAW

 

1-4-1            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 Town Council, shall have the force and effect of ordinances of the Town of North Smithfield.

 

1-4-2            CONFLICT BETWEEN ORDINANCE AND STATE LAW.  In the event of conflict between any Town of North Smithfield ordinance or resolution and any law of the State except a law enacted in conformity with the powers reserved to the General Assembly by the Constitution of the State, provisions of the Town of North Smithfield ordinance or resolution shall prevail and control.

 

1-4-3            EXISTING ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS TO CONTINUE IN EFFECT.  Except insofar as they are inconsistent with this Charter, all the ordinances, resolutions, rules and regulations heretofore made by the Town Council, or any board or commission, shall continue in effect until superseded by action of said Town Council, board or commission.

 

1-4-4            SUPERSEDING INCONSISTENT LAWS, EXCEPTIONS.  All laws relating to the Town of North Smithfield are hereby superseded to the extent that they are inconsistent with the provisions of this Charter, except such law as are enacted in accordance with the powers reserved to the General Assembly by the Constitution of the State.

 

1-4-5            SPECIFIC CHARTER PROVISION TO PREVAIL.  To the extent that any specific provision contained in this Charter conflicts with any provision expressed in general terms, the specific provisions shall prevail.

 

Chapter 5

ORDINANCES AND RESOLUTIONS

 

1-5-1            PROPOSAL OF ORDINANCES AND RESOLUTIONS.  Every proposed ordinance shall be filed with the Town Clerk by a member of the Town Council no later than four (4) days prior to the day of the meeting at which it is to be introduced.  The Town Clerk shall forthwith post one (1) copy of the proposed ordinance in some place accessible tot the public in the Town Hall and shall provide each member of the Town Council with a copy.

 

1-5-2          INTRODUCTION OF ORDINANCES AND RESOLUTIONS.  Every proposed ordinance, other than an emergency ordinance, shall be read a first time by the title and explained by its sponsor at the meeting at which it is to be introduced.  An affirmative vote by three (3) of the members of the Town Council shall be necessary for its introduction.  A date shall be set for a hearing of the proposed ordinance.  At least seven (7) days prior to the hearing, the proposed ordinance shall be published in a newspaper having distribution within the Town of North Smithfield.

1-5-3          PUBLIC HEARINGS ON ORDINANCES AND RESOLUTIONS.  Unless otherwise scheduled, the hearing on the proposed ordinance shall be held at the meeting following the introduction.  No action shall be taken on the ordinance until the conclusion of the haring.

 

1-5-4  VOTE REQUIRED FOR PASSAGE OF ORDINANCES AND RESOLUTIONS. The affirmative vote of three (3) Town Council members shall be necessary for the passage of any ordinance.

 

1-5-5          EMERGENCY ORDINANCES.  In an emergency affecting the public peace, health, safety, comfort and welfare of the inhabitants of the Town of North Smithfield and for protection of persons and property, the Town Council by an affirmative vote of three (3) members may adopt, on the day of its introduction, an ordinance containing a declaration of emergency, which shall take effect upon its passage.

 

The nature of the emergency shall be specifically stated in the ordinance, and such declaration shall be inclusive as to the existence of such an emergency.  Within twenty (20) days after passage of an emergency ordinance, the Town Council shall hold a hearing and inform the public of the emergency and the action taken.  Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists.

 

1-5-6          ENACTING CLAUSES FOR ORDINANCES AND RESOLUTIONS.  The enacting clause of all ordinances shall be: “The Town Council of the Town of North Smithfield hereby ordains…..”

 

1-5-7          AUTHORIZATION AND PUBLICATION OF ORDINANCES AND RESOLUTIONS.  Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be recorded in a book kept for that purpose. Within seven (7) days after final passage, each ordinance shall be published at least once in such manner as the Town Council may prescribe by ordinance.

 

1-5-8  COPY AND PUBLIC RECORD OF ORDINANCES AND RESOLUTIONS.  After the introduction of any ordinance or resolution in the Town Council, the Town Clerk shall keep available a copy of the proposed ordinance or resolution, together with all amendments thereto, which shall be a public record.  Copies of ordinances shall be made available to the public at nominal cost to be set by the Town Council.

 

 

 

 

 

 

Chapter 6

REAL AND PERSONAL PROPERTY HELD BY TOWN

 

1-6-1          ACQUISITION AND HOLDING OF REAL AND PERSONAL ESTATE INCLUDING TRUST PROPERTY.  The Town of North Smithfield may acquire real and personal 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.

 

1-6-2          DISPOSITION OR CHANGE IN USE OF REAL ESTATE.  The Town Council by ordinance enacted by the Town Council specifying at least generally the terms, conditions, manner of sale, lease or change in use and describing at least generally the particular property to be sold, leased, conveyed or its use changed, may from time to time sell, lease convey or use for any other public or municipal purpose or purposes, or for any purpose whatsoever, any real estate or interest therein (other than that dedicated or devoted to school uses) owned by the Town of North Smithfield which has been purchased, acquired, used or dedicated in any manner, whether public or proprietary, for municipal or other public purposes, whenever in the opinion of the Town Council, such real estate or interests therein has become unsuitable or has ceased to be used for such purposes.  Subject to ratification by the Town Council by resolution, the School Committee may lease any real property over which it shall have jurisdiction for a term not more than one year but may not otherwise sell, transfer, lease, or dispose of any interest in real property no longer required for school use.     

 

Chapter 7

POWERS OF THE TOWN

 

1-7-1          POWERS GRANTED TOWN.  The Town of North Smithfield 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 of North Smithfield shall have and may exercise all powers which, under the Constitution of the State, it would be competent for this Charter specifically to enum­erate.

 

1-7-2          LEGISLATIVE POWERS. The Town of North Smithfield shall have power to adopt and amend local laws and ordinances relating to its property, affairs and government.  The legislative powers of the Town of North Smithfield shall be vested in the Town Council.

 

 

 

1-7-3          CONTRACTS WITH OTHER BODIES.  The Town of North Smithfield 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.

 

Chapter 8

CODE OF ETHICS

 

1-8-1            DECLARATION OF POLICY AND PURPOSE. The proper operation of democratic government requires that actions of public officials and employees be impartial; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all elected officials, appointed officials and employees appointed by the Town Council, Town Manager, independent boards or commissions or duly appointed in accordance with the provisions of this Charter. The purpose of this code is to establish ethical standards of conduct for all such officials and employees by setting forth these acts or actions that are incompatible with the best interest of the Town of North Smithfield.

 

1-8-2            CONFLICT OF INTEREST. No appointed or elected official or employee of the Town of North Smithfield shall use his or her official position for personal gain, or shall engage in any business or transaction or shall have a financial or other interest, direct or indirect, which is in conflict with the proper discharge of his or her official duties. Additionally, no Town official/appointee/employee shall act for compensation as an agent or attorney for any person or organization before the Town Council or any Town of North Smithfield board, commission, or committee.  This requirements set forth in this Code of Ethics shall be in addition to the requirements set forth by the Code of Ethics of the State of Rhode Island as amended from time to time.  This Code of Ethics shall not be deemed inconsistent with the Code of Ethics for the State of Rhode Island if the requirements of this Code of Ethics shall be deemed greater.

 

1-8-3            REMOVAL PROVISIONS. Any appointed official of the Town of North Smithfield may be removed from his or her office and any employee may be terminated by the Town Council upon its determination by a preponderance of the evidence to its satisfaction after a public hearing thereon that a violation of this code has been committed by such official or employee.  Notwithstanding the foregoing, any such person found by the Rhode Island State Ethics Commission to have violated any provision of the Code of Ethics for the State of Rhode Island in the discharge of their duties or responsibilities for the Town of North Smithfield shall have immediately forfeited their position upon such finding and the exhaustion of all appeals thereof.

 

 

 

 

 

 

1-8-4            FINANCIAL INTERESTS PROHIBITED.

 

1.      Contracts with the Town.  No elected official or employ­ee of the Town of North Smithfield, member of any board or commission of the Town of North Smithfield or resident of the Town of North Smithfield, holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the National Guard, and mem­bers of the Armed Forces, shall except as in this Charter, may be specifically provided:

 

a.       Directly or indirectly make any contract with the Town of North Smithfield, except his or her own employment contract.

 

b.      Receive any commission, discount, bonus, gift, contribution or award, or share in the profits of any person, corporation, or partnership making or performing such a contract.

 

2.      Contracts by the Town.  The Town of North Smithfield shall not enter into any contract with any elected official or employee of the Town of North Smithfield, member of any board or commission of the Town of North Smithfield, or resident of the Town of North Smithfield holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the National. Guard and members of the Armed Forces, other than employment contracts.

 

3.      Effect of Stock Ownership in Contracting Corporation.  When a contractor with the Town of North Smithfield shall be a corporation, the ownership of less than five per cent (5%) of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of the foregoing sections.

 

4.      Penalties.  Every contractual obligation incurred in viola­tion of the provisions of this section shall be illegal and void. If any appointed official or employee of the Town of North Smithfield shall knowingly undertake a contractual obligation in violation of the provisions of this section, it shall be grounds for his or her removal.

 

1-8-5    DUAL OFICE HOLDING.

 

1.      No employee of the Town of North Smithfield shall hold an elective office in the Town government while he is in the employ of the Town of North Smithfield.

 

2.      No person shall be eligible to hold any paid office or em­ployment in the Town government who holds any other Town office or civil office-legislative, executive or judicial-in either the state or federal government, except that of notary public or member of the national guard or military reserve, except that this particular restriction may be waived by the appointing au­thority for good cause after a public hearing thereon.

 

 

 

1-8-6  HOURS OF WORK.  All paid personnel holding office or employment in the Town government, other than an elective office, shall be required to engage in the actual work of their offices or employments during regular business hours to the extent that their services may be necessary for the full and complete discharge of their duties.

 

The Town Council, upon recommendation of the Town Manager shall determine which officers and employees of the Town of North Smithfield shall not be required to devote their full time to the duties of their respective offices, except as provided by this Charter.

 

Title 2

ELECTIONS*

 

*State law reference - Opening and closing times of polls, G.L. 1956, §§ 17-18-10, 17-18-11.

 

Chapter 1

 

2-1-1            DISTRICT.  The Town of North Smithfield shall consist of one district.

 

2-1-2            REGULAR AND 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.

 

2-1-3            COMMENCEMENT OF TERMS.  The term of office of all Town of North Smithfield 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 of North Smithfield officers elected by the people at a special municipal election shall date from the tenth day fol­lowing the election.           

 

2-1-4            PETITIONS. Each candidate for elective office in the Town of North Smithfield shall be a qualified elector of the Town of North Smithfield. Candidates for election may be nominated by petition signed by not less than fifty (50) quali­fied electors of the Town of North Smithfield.

 

Petitions for the nomination of candidates shall be filed with the canvassing authority of the Town of North Smithfield at such time and upon such forms as in compliance with State law.  Said information shall be available at the Town Clerk’s office.

 

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.

 

2-1-5 CANVASSING AUTHORITY CERTIFICATION.  Upon receiving a nominating petition and statement of ac­ceptance of any candidate, the Canvassing Authority of the Town of North Smithfield 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 of North Smithfield the names and ad­dresses of the candidates who have duly filed valid nominating petitions and acceptances.

 

2-1-6            BALLOT ARRANGEMENT.  The ballot for Town of North Smithfield 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.

 

2-1-7            PRIMARY ELECTION PROCEDURES.  A primary election to determine the candidates to be voted upon at the subsequent Town of North Smithfield election, whether regular or special, shall be held in accordance with State law.

 

At the primary election the number of candidates equal to twice the number of places to be filled at the regular or special Town of North Smithfield 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 2-1-7 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.

2-1-8            DECLARATION OF ELECTED CANDIDATES.  At any Town of North Smithfield 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 of North Smithfield in the manner provided for other elections.

 

2-1-9            MISCELLANEOUS REQUIREMENTS.  The council by ordinance shall provide for nominations, prima­ries and elections for Town of North Smithfield' offices or for questions on local mat­ters, except as otherwise required by this Charter.

 

The residents of the Town of North Smithfield having the qualifications of electors in the State shall be electors of the Town of North Smithfield.

 

No person may be a candidate for more than one elective office at any one Town of North Smithfield election.

 

2-1-10            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. The 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 Canvassers and Registration of the Town of North Smithfield. All members of Canvassing Authority or Board of Canvassers and Registration 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.  

 

Title 3

FINANCIAL PROVISIONS OF THE TOWN

 

Chapter 1

 

3-1-1            FISCAL YEAR.  The fiscal year of the Town of North Smithfield government shall begin on the first day of July and shall end on the last day of June of each calendar year.

 

3-1-2            SCHOOL COMMITTEE BUDGET. The School Committee shall submit to the Town Manager, not later than the last business day of March, its proposed budget or receipts and operating and capital expenditures and an explanatory budget message.  The School Committee shall submit such other relevant data as the Town Manager may prescribe.

 

 

 

3-1-3            PROPOSED BUDGET.  The Town Manager shall submit to the Town Council not later than the last business day in April, a proposed budget of receipts and operating and capital expenditures and an explanatory budget message together with a summary of the balances of each capital reserve account and a summary of the actual and anticipated additions to and expenditures from each such account for the current fiscal year.  For such purpose, the Town Manager shall obtain from the head of each office, department and agency estimates of its revenues and expenditures and such supporting data as the Town Manager may request.  In preparing the proposed budget, the Town Manager shall review the estimates and may revise them as the Town Manager may deem advisable.  The proposed budget as prepared by the Town Manager shall show all anticipated revenue and all proposed expenditures including capital expenditures, and the total of the proposed expenditures shall not be greater than the total of anticipated revenues.  The Town Manager’s proposed budget shall include the gross school revenues and expenditures as submitted by the School Committee; however, such figures shall not be subject to the Town Manager’s review.

 

3-1-4 PUBLIC HEARING PRIOR TO ADOPTION.  No later than the second Tuesday in May of each year, the Town Council shall schedule a public hearing on the budget prior to adopting the budget.

 

3-1-5    FINAL COUNCIL CONSIDERATION.  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 15. Certification of the budget shall be in accordance with Title 4-1-6 of this Charter.

 

3-1-6    BOND ISSUES.  The electors of the Town of North Smithfield otherwise qualified to vote in any general or special election in the Town of North Smithfield may at a regular or special election authorize the issuance of bonds pursuant to the statutes now or hereafter in effect.

 

3-1-7    DEBT LIMITATION WITHOUT REFERENDUM.  No bonded indebtedness may be incurred pledging the credit of the Town of North Smithfield in excess of two hundred thousand dollars ($200,000.00) in any one fiscal year unless submitted to a vote of the electors at a general election or special election referendum and approved by a majority of electors voting at said election, provided however, that this limit shall not apply to borrowing in anticipation of tax receipts, to be repaid within the same fiscal year.

 

The Town of North Smithfield shall be allowed to enter into lease/purchase agreements as contractual obligations and to annually ap­propriate a sum sufficient to pay both principal and inter­est, subject to council approval.