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.

 

 

 

 

 

 

3-1-8           COMPETITIVE BIDDING. 

 

1.      Competitive Bidding. No purchase of supplies, materials, or equipment, nor any contract for work performed for the Town of North Smithfield, whose costs shall exceed an amount set by the Town Council biannually at the first regularly scheduled meeting following inauguration, shall be authorized except after competitive bidding, provided, however, that this restriction shall not apply to contracts for professional services.   Potential suppliers or contractors shall be notified publicly to submit bids in such a manner and under such general rules and regulations as the Town Council may prescribe by Ordinance. All such purchases and contracts shall be awarded to the lowest responsible bidder except that the Finance Director may be directed by the Town Manager to reject all bids and readvertise. Bids, specifications, and all other factors being equal, preference shall be given to the bidder whose place of business is in the Town of North Smithfield. No transaction which is essentially a unit shall be divided into a series of orders for the purpose of circumventing this requirement.

 

2.      Purchases and Emergencies. In the event of an emergency of sufficient gravity that compliance with the competitive bidding requirements set forth in subsection (a) of this section would endanger the health or welfare of the community or a portion thereof, or would involve significant financial risk or loss to the Town of North Smithfield, and upon certification by the Town Manager that such emergency conditions exist, a purchase whose cost would exceed the minimum bid limit may be made without competitive bidding.

 

In any such case in which the gravity of the emergency permits, and in all cases of purchases whose cost shall exceed the minimum bid limit, three (3) or more verbal quotations followed by written confirmation shall be solicited and purchases made on the basis of the lowest feasible quotation received. Notation of said verbal quotations shall be entered in the record of each such purchase.

 

Title 4

 TOWN COUNCIL

 

Chapter 1

COUNCIL

 

4-1-1 NUMBER, SELECTION, TERM.  The Town Council shall consist of five (5) members elected from the Town of North Smithfield at large by the electors of the Town of North Smithfield as hereinafter provided at the regular biennial elections held on the first Tuesday after the first Monday in November.  At the 2006 election, the three (3) candidates who, among the five (5) winning candidates, receive the most votes, shall be elected to serve for terms of four (4) years, and the two (2) candidates who, among the five (5) winning candidates, receive the fewest votes, shall be elected to serve for terms of two (2) years.  At the 2008 election, and every fourth year thereafter, two (2) members shall be elected to serve for terms of four (4) years (and thereafter until their successors are elected and qualified), and at the 2010 election, and every fourth year thereafter, three (3) members shall be elected to serve four (4) year terms (and thereafter until their successors  are elected and qualified).

4-1-2 QUALIFICATIONS.  Members of the Town Council shall be qualified electors of the Town of North Smithfield.  No member of the Town Council shall be eligible to be employed by the Town of North Smithfield or to hold any other paid Town of North Smithfield office during the member’s tenure on the Town Council or for a period of one year thereafter; provided, however, a member of the Town Council may hold elective Town of North Smithfield office immediately preceding tenure on the Town Council.

 

4-1-3 PRESIDING OFFICER.  The Town Council shall elect one of its members as President of the Town Council and another member as Vice President.  The President shall preside at meetings of the Town Council and shall be recognized as head of the Town government for all ceremonial purposes and by the Governor for purposes of military law. 

 

The Vice President shall have all the powers and duties of the President during periods of absence or disability of the President.  The President and Vice President shall have the same right to speak and vote as any other member.

 

4-1-4 COMPENSATION.  Members of the Town Council shall receive such annual compensation as shall from time to time be fixed by the Town Council by ordinance, provided no change in compensation shall take effect until after the next bi-annual election and installation as Town Council members.

 

4-1-5 INVESTIGATION.  The Town Council shall have power to inquire into the conduct of any officer, department, or agency of the Town of North Smithfield, and to make an investigation relating to Town of North Smithfield affairs and for such purposes may subpoena witnesses, administer oaths or affirmations, and compel the production of books, records, papers and other evidences.

 

4-1-6 POWERS. All legislative powers of the Town of North Smithfield shall be vested in the Town Council except such powers as are or may be vested in the State by the State Constitution, by this Charter, and by laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly.  The Town Council may enact and amend ordinances relating to the Town of North Smithfield’s property, affairs and government not inconsistent with the State Constitution and laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly.  The Town Council shall have, under this Charter, and may exercise all such additional powers and authority as are consistent with this Charter and have now been granted or may hereafter be granted to it under the Constitution or Laws of the State.  The Town Council, by ordinance, may create, change and abolish offices, departments, or agencies other than those established by this Charter.  The Town Council, by ordinance, may assign additional functions or duties to officers, departments or agencies establish by or under this Charter.  Without limiting the generality of the foregoing, the Town Council shall have and exercise the following specific powers, subject to the provisions of this Charter and all applicable provisions of general and special laws:

 

a.       To enact, amend or repeal ordinances for the preservation of the public peace, the health, safety, comfort and welfare of the inhabitants of the Town of North Smithfield and for the protection of persons and property.

 

b.      To provide reasonable penalties for the violation of any ordinance not to exceed imprisonment for one (1) year and a fine of Five Hundred ($500.00) Dollars.

 

c.       To amend, after notice as prescribed by statute and public hearing, the Zoning Ordinance.

 

d.      To adopt rules governing the conduct of its meeting and to appoint regular, standing or special committees.

 

e.       To appoint the Town Manager for a term as defined in his contract and to remove the Town Manager for cause as set forth in 5-1-6.

 

f.        To take any action necessary to give effect to any vote authorizing the issuance of bonds for any purpose and to complete all the details of the bond transaction in accordance with the General or Special Law of the State.

 

g.       To provide by ordinance for a personnel classification system not inconsistent with applicable General or Special Laws or the provisions of this Charter.

 

h.       To provide for the audit at any time of the accounts of the Town of North Smithfield or any of its departments and to provide for an annual audit as hereinafter prescribed.

 

i.         In the event that the Town Manager shall at any time be absent or unable to perform the duties of office, for a period in excess of thirty-five (35) consecutive days, or in the event that the Town Manager shall resign or be removed from office, or if for any other reason a vacancy shall exist, to designate an officer of the Town of North Smithfield, other than a Town Council member to serve as Town Manager with all the powers and duties of the Town of North Smithfield Manager, until such absence or disability shall have terminated or until a successor Town Manager shall have assumed the duties of the office.

 

j.        To fix the amount of the official bonds of all officers of the Town of North Smithfield, who in its opinion should be bonded, the premium on such bonds to be paid by the Town of North Smithfield.

 

k.      To fix by ordinance, in accordance with a classification plan, the salary of the Town Manager and the compensation of all officers and employees of the Town of North Smithfield, except the employees of the school department.  The Town Council shall conduct an annual performance review of the Town Manager to be completed no later than March 1.

 

l.         To elect such numbers of constables to serve civil process as it shall from time to time determine, and to charge and collect for licenses issued to such constables such fees as the Town Council shall fix by ordinance.

m.     To provide rules and regulations with respect to vacations of Town of North Smithfield officials and employees, except those of the School Department.

n.       o enact all ordinances which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested in the Town Council by this Charter, the Constitution and laws of the State of Rhode Island in the Town of North Smithfield or any department, or officer thereof.

 

o.      To approve the annual budget after a public hearing.

 

p.      To approve all collective bargaining agreements negotiated on behalf of the Town of North Smithfield, except those pertaining to the School Department.

 

q.      To determine biannually the threshold limit for competitive bidding in accordance with    Title 3-1-8

 

4-1-7  TOWN COUNCIL TO JUDGE QUALIFICATIONS OF MEMBERS.  The Town Council is to be the judge of qualifications of its members, and for such purposes, shall have power to subpoena witnesses and require the production of records.

 

4-1-8  VACANCIES.  Any vacancy in the membership of the Town Council shall be filled for the unexpired term by a vote of the electors of the Town of North Smithfield.  Such vacancy shall be filled at the next regular or special election to be held in the Town of North Smithfield or the Town Council may call a special election for the purpose of filling the vacancy. 

 

If a vacancy in the Town Council shall occur more than nine (9) months prior to the time for the holding of an election, the Town Council shall, within thirty (30) days after the vacancy occurs, call a special election for the purpose of filling such a vacancy.  Any vacancy in the membership of the Town Council may, in the discretion of the Town Council, be filled for the unexpired term by the Town Council, except that if a vacancy in the Town Council shall occur more than         (9) months year prior to the term for the holding of an election, the Town Council shall, within thirty (30) days after the vacancy occurs call a special election for the purpose of filling such vacancy.

 

4-1-9 MEETINGS.  The first meeting of a newly elected Town Council shall be held at seven (7) P.M. on the first Monday of the month following the regular Town of North Smithfield election.  The Town Clerk, or in the absence, the Deputy Town Clerk, shall preside until the President is elected. 

 

The Town Council shall determine the time and place of its regular  meetings and shall meet regularly at least once each month.  Meetings of the Town Council, except when in executive session, shall be open and accessible to the public.

 

 

 

4-1-10 ORDINANCES.  The Town Council may act by rule, ordinance, or resolution, but in addition to the cases in which an ordinance is required by any specific provision of this Charter or any applicable law, any action creating or abolishing any department, office or agency of the Town government or any action taken under the provisions of Title 4-1-6, subsections a, b, c   and g of this Charter shall be by ordinance only.

 

4-1-11 DUTY TO PROVIDE TOWN MANAGER.  It shall be the duty of the Town Council to use all reasonable diligence to secure a qualified Town Manager as soon as possible after this Charter shall go into effect [or commencing 12/1/08], and in like manner, thereafter, in every case when a vacancy shall occur by reason of resignation, removal or any other cause.

 

4-1-12 QUORUM.  Three members of the Town Council shall constitute a quorum.

 

Title 5

 TOWN MANAGER

 

Chapter 1


5-1-1  APPOINTMENT, QUALIFICATIONS, COMPENSATION.  The Town Council shall appoint a Town Manager and fix his/her compensation. The Town Manager shall be chosen by the Town Council and shall have a minimum of a bachelor's degree from an accredited four-year college or university and a minimum of three (3) years administrative experience in some facet of Town of North Smithfield, city or county government.

 

He/she need not be a resident of the Town of North Smithfield or State at the time of his/her appointment, but shall become a resident of the Town of North Smithfield within six (6) months of his/her appointment. The Town Council may, at its option, extend non-residency for an additional six (6) months in case of hardship. The Town Manager appointed by the Town Council shall be given an employment contract by the Town Council, with a term of three (3) years, subject to such conditions and clauses negotiated by the Town Council and the Town Manager.

 

The Town Manager may be reappointed by the Town Council for an additional three (3) year term at any one time.. The contract shall stipulate that the Town Manager may only be removed for cause during the term of his/her contract.  Commencing November 1, 2008, the Town Council shall appoint an individual, based upon the aforesaid qualifications, as Town Manager, who shall function in an advisory capacity to the outgoing Town Administrator until     December 1, 2008, at which time the Town Manager shall become vested with all of the powers enumerated herein.

 

5-1-2  PROHIBITION AGAINST OTHER EMPLOYMENT.  The Town Manager shall devote his/her entire time and attention to his/her duties as Town Manager and shall not, during his/her appointment, be actively engaged in any employment, or business, or in the practice of any profession, or hold any public office other than the office of Town Manager  the Town of North Smithfield without prior Town Council approval.

5-1-3  ACTING TOWN MANAGER.  By letter filed with the Town Clerk, the Manager shall designate, subject to approval of the Town Council, a qualified administrative officer to exercise the powers and perform the duties of Manager during his/her temporary absence or disability. During such absence or disability, the Town Council may revoke such designation at any time and appoint another officer of the Town of North Smithfield, except a member of the Town Council, to serve until the Manager shall return or his/her disability shall cease. If for any reason the Manager failed to designate a qualified administrative officer and the need arose, the Town Council shall have the authority to make the appointment.


5-1-4  POWERS AND DUTIES OF THE TOWN MANAGER.  The Town Manager shall be the chief administrative officer of the Town of North Smithfield. He/she shall be responsible to the Town Council for the administration of all Town of North Smithfield affairs placed in his/her charge by or under this Charter. He/she shall have the following powers and duties:

 

DEPARTMENT HEADS

 

a.       He/she shall appoint all Town of North Smithfield employees including Department Heads. The Manager may authorize any administrative officer who is subject to his/her direction and supervision to exercise these powers with respect to subordinates in that officer's department, commission, office or agency.

 

Unless otherwise provided in a collective bargaining agreement, the Town Clerk, Chief of Police and Department Heads as specified in the Charter shall, for cause, discipline, dismiss, demote and suspend employees assigned to his/her department. An employee shall be entitled to file an appeal to the Town Manager of any action resulting in a dismissal, demotion, or suspension within ten (10) days of the effective date of such action.

 

The Town Manager shall grant the employee making an appeal an opportunity for a hearing. The Town Manager may suspend the effect of the dismissal, suspension or demotion or may place the employee on administrative leave with pay during the pendency of the appeal.

     

The Town Manager shall hold a hearing and render a decision within thirty (30) days from the date the appeal is received from the employee.

 

The Town Manager may, for cause, take direct action to discipline, suspend, dismiss or demote any employee if he/she deems it to be in the best interest of the Town of North Smithfield.

 

Any action to suspend, dismiss or demote an employee taken directly by the Town Manager shall be appealable to the Town Council as specified below.

 

The Town Manager may discipline, dismiss, and/or suspend the Town Clerk, Chief of Police and Department Heads as designated by the Charter without cause.

 

Any person, including Department Heads, suspended without pay, demoted, or dismissed may within ten (10) days of such action by the Town Manger file an appeal of the Town Manager's decision to the Town Council. The appeal shall be filed with the Town Clerk.

 

The Town Council shall grant the person taking an appeal a hearing within twenty (20) days from the filing of the notice of appeal with the Town Clerk. The Town Council shall render a decision within thirty (30) days from the completion date of the hearing.

     

During the pendency of a direct appeal from the decision of the Town Manager to dismiss or terminate an employee such employee shall be considered on administrative leave without pay but with medical benefits until the Town Council renders a decision.

 

b.      He/she shall direct and supervise the administration of all departments, commissions, offices and agencies of the Town of North Smithfield, except as otherwise provided by this Charter or by law.

 

c.       He/she shall attend all Town Council meetings and shall have the right to take part in discussion, but may not vote.

 

d.      He/she shall see that all laws, provisions of this Charter and acts of the Town Council, subject to enforcement by him/her or by officers subject to his/her direction and supervision, are faithfully executed.

 

e.       He/she shall prepare and submit the annual budget and capital program to the Town Council.

 

f.        He/she shall submit to the Town Council, and make available to the public, a complete report on the finances and administrative activities of the Town of North Smithfield as of the end of each fiscal year.

 

g.       He/she shall make such other reports as the Town Council may require concerning the operations of the Town of North Smithfield departments, commissions, offices and agencies subject to his/her direction and supervision.

 

h.       He/she shall keep the Town Council fully advised as to the financial condition and future needs of the Town of North Smithfield and make such recommendations to the Town Council concerning the affairs of the Town of North Smithfield.

 

i.         He/she shall perform such other duties as are specified in this Charter or may be required by the Town Council.

 

j.        He/she shall be responsible for the care and preservation of all Town of North Smithfield property and equipment.

 

k.      He/she may delegate to department heads the authority to appoint subordinates within their respective departments.

l.         He/she shall be responsible for the negotiation of all labor contracts on behalf of the Town of North Smithfield, with the approval of the Town Council, not inconsistent with State or Federal law, in coordination with the Finance Director.

 

5-1-5  ASSUMING DUTIES OF OTHER TOWN OFFICIALS.  The Town Manager may assume, with the approval of the Town Council, in addition to the duties of the office of Town Manager, any other administrative office or offices, or part or all of the duties of any such office under his/her supervision, but by reason thereof he/she shall not be entitled to any additional compensation.


5-1-6  REMOVAL.  The Town Council may remove the Town Manager from office in accordance with the terms of his/her contract and with the following procedures:

 

a.       The Town Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Town Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered within twenty-four (24) hours to the Town Manager.

 

b.      Within five (5) days after a copy of the resolution is delivered to the Town Manager, he/she may file with the Town Council a written request for a private or public hearing. This hearing shall be held at a Town Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Town Manager may file with the Town Council a written reply not later than five (5) days before the hearing.

 

c.       The Town Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days, from the date when a copy of the preliminary resolution was delivered to the Town Manager, if he/she has not requested a public hearing, or at any time after the public hearing after he/she has requested one. The Town Manager shall continue to receive his/her salary until the effective date of a final resolution of removal.

 

5-1-7  NON-INTERFERENCE WITH MANAGER.  Neither the Town Council nor any of its members shall direct the appointment or removal of any Department Head, or any subordinate officers or employees, the power of appointment (excluding the Town Solicitor) being vested in the Town Manager; provided, however, nothing herein shall be construed to preclude the Town Council, or any member thereof, from communicating with the Town Manger with respect to the performance of any such Department Head, subordinate officer, or employee or considering such performance in evaluating the performance of the Town Manager.  Except for the purpose of conducting an investigation as provided in Section 4-1-5 of this Charter, the Town Council and its members shall deal with the administrative services of the Town solely through the Town Manager, and neither the Town Council nor any member thereof shall give orders, either publicly or privately, to any subordinate of the Town Manager.

 

 

 

Title 6

TOWN SOLICITOR

 

Chapter 1

 

6-1-1            APPOINTMENT. There shall be a Town Solicitor who shall be appointed by a majority of the Town Council to serve for a two-year term, as well as such additional assistant solicitors as the Town Council may determine.

.

6-1-2            QUALIFICATIONS.  The Town Solicitor shall be an attorney-at-law in good stand­ing who has been admitted to the practice of law in this state at least three (3) years prior to his appointment with pref­erence given to a qualified elector of the Town of North Smithfield. He shall not hold any other office in the Town government except that of acting judge of probate when required in the event of the disqualification of the probate judge..

 

6-1-3            COMPENSATION.  The Town Solicitor need not be required to devote full time to the duties of his office. He shall receive such compensation as shall be set by the Town Council.

 

6-1-4          DUTIES. 

 

1.    The Town Solicitor shall be the attorney for the Town of North Smithfield and legal advisor to the Town Manager, Town Council, and all other departments except the school department. He shall appear for and protect the rights of the Town of North Smithfield in all actions, suits or proceedings, civil or criminal, in law or equity, brought by or against it or for or against any of its departments, officers or agencies and shall perform such other duties appropriate to his office as the Town Manager and Town Council may require.

 

2.    The Town Solicitor shall examine and approve the forms of all ordinances and resolutions and the forms of all invita­tions for bids, contracts and other legal documents sent out by any department.

 

3.    All written legal opinions furnished to the Town Manager, the Town Council and all departments shall be filed with the Town Clerk and become a public record.

 

6-1-5          SPECIAL POWERS.  This section shall not be deemed to abridge such special powers as are now and hereafter conferred upon the Town Solicitor by state law.

 

 

 

 

 

 

 

Title 7

SCHOOL DEPARTMENT SOLICITOR

 

Chapter 1

 

7-1-1          APPOINTMENT.  There shall be a School Department Solicitor who shall be ap­pointed by a majority of the School Committee to serve for a two-year term.

 

7-1-2          QUALIFICATIONS.  The School Department Solicitor shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state at least three (3) years prior to his appointment with preference given to a qualified elector of the Town of North Smithfield.

 

7-1-3            COMPENSATION.  The School Department Solicitor need not be required to devote full time to the duties of his office. He shall receive such compen­sation as shall be set by the School Committee.

 

7-1-4            DUTIES. 

 

1.      The School Department Solicitor shall be the attorney for the school department and legal advisor to superintendent of schools, the School Committee and all other departments, offices and agencies of the School Department.

 

He or she shall appear for and protect the rights of the school department in all actions, suits or proceedings, civil or criminal, in law or equity, brought by or against it and shall perform such other duties appropriate to his or her office as the School Committee may require.

 

Chapter 8

DEPARTMENT OF FINANCE

 

Chapter 1

FINANCE DIRECTOR

 

8-1-1            ORGANIZATION.  There shall be a Department of Finance, the head of which shall be the Director of Finance who shall be appointed by the Town Manager. The department shall be organized into as many divisions or offices as may be deemed necessary by the Town Council on recommendation by the Town Manager.  The Town Manager shall appoint the head of such departments or divisions as may be created.

 

 

 

 

 

 

8-1-2            DIRECTOR OF FINANCE. 

 

1.      Qualifications. The Director of Finance shall be the chief financial officer of the Town of North Smithfield and shall have had such training and experience in accounting, budgeting or management, either in public or private business, as will qualify him or her for duties which he or she is required to perform.

 

2.       Powers and Duties.  The Director of Finance shall:

 

a.       Prescribe and maintain an accounting system for the Town government including reporting of the financial condition of the Town of North Smithfield to the Town Manager and the Town Council as required, and adopt and require standard accounting procedures for all departments, offices and agencies of the Town of North Smithfield,

 

b.      Exercise control over all expenditures to insure that budget appropriations are not exceeded by disburse­ments in any department, office or agency of the Town of North Smithfield.

 

c.       Keep books for and exercise financial budgetary control over each office, department and agency. Money shall be disbursed only upon presentation of a voucher signed by both the head of the department presenting the voucher and the Town Manager, except in cases otherwise provided for in this Charter.

 

d.      Keep separate accounts for the items of appropriations contained in the Town of North Smithfield budget, each of which accounts shall show the amount of the appropriations, the amounts paid there from, the unpaid obligations against it and the unencumbered balance.

 

e.       Require reports of receipts and disbursements from each receiving and spending agency of the Town  government to be made at such intervals, as the Town Manager may deem expedient.

 

f.        Prepare and submit within ninety (90) days after the end of each fiscal year, a complete financial state­ment and report, in accordance with state law, for sub­mission to the Town Manager, the Town Council and the taxpayers of the Town of North Smithfield;

 

g.       Deposit all funds coming into the Finance Director’s hands within five (5) days of receipt of same in such depositories as may be designated by the Town Council, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the Town of North Smithfield and shall be accounted for and credited to the proper account.

     

 

     

h.       Have custody of all investments and invested funds of the Town of North Smithfield or in the possession of the Town of North Smithfield in a fidu­ciary capacity, and have the safekeeping of all bonds and notes of the Town of North Smithfield and the receipt and delivery of Town of North Smithfield bonds and notes for transfer, registration or ex­change;

 

i.         Upon being sworn into office give bond to the Town Clerk with sufficient surety in such sum as the Town Council shall prescribe for the faithful performance of the duties of the office.

 

j.        Perform all duties and exercise all powers, which by law are imposed or conferred upon treasurers, including the conduct of annual tax sales of all properties upon which taxes remain unpaid for more than one (1) year.

 

k.      Be responsible for participating in all collective bargaining negotiations on behalf of the Town of North Smithfield and the School Department.

 

Chapter 2

TAX COLLECTOR

 

8-2-1    TAX COLLECTOR.  There shall be in the Department of Finance a Town Tax Collector who, until the Town Council otherwise provides by ordinance, shall be the Finance Director.

 

8-2-2            DUTIES OF TAX COLLECTOR. The Tax Collector shall collect all taxes and special assessments for the collection of which the Town of North Smithfield is responsible. The Tax Collector shall have all the powers, rights and duties prescribed under the General Laws of the State of Rhode Island.

 

Chapter 3

TAX ASSESSOR

 

8-3-1    TAX ASSESSOR.  There shall be a single Tax Assessor who shall be appointed by the Town Manager and shall serve at the pleasure of the Town Manager. The Tax Assessor shall have knowledge of and experience in the appraisal of real and personal property and while serving as Tax Assessor, shall have no other- business interests. The Tax Assessor shall be responsible for the fixing of an assessed valuation for the purposes of taxation on all taxable real es­tate and personal property and for the preparation of an as­sessment roll and a tat roll for the Town of North Smithfield in the manner pro­vided by law and ordinance.

 

 

 

 

 

 

8-3-2          BOARD OF ASSESSMENT REVIEW.

 

1.    Appointments. There shall be a Board of Assessment Re­view consisting of three (3) members appointed by the Town Council to serve staggered terms of three (3) years and until their respective successors are appointed and qualified.  Vacancies occurring for any reason shall be filled by appointment by the Town Council for the unexpired term.

 

2.      Duties. The Board of Assessment Review shall hear and consider the appeal of any property owner concerning the amount of his assessed valuation as determined by the Tax Assessor in cases where the valuation of the property is determined by the Tax Assessor erroneous. The Tax Assessor shall be afforded an opportunity to appear before the Board of Assessment Review in all cases to present any relevant information.  If the Board of Assessment Review determines that the valuation of any property has been erroneously assessed, the Board of Assessment Review shall transmit its determination to the Town Council, which may cancel in whole or in part the tax based on such valuation in order to effect a correction. 

 

3.      Correction in Assessment. If it shall appear that the valuation of any property has been erroneously or incorrectly assessed, the Board of Assessment Review shall have authority to order a correction. Such determination shall be certified by the Board of Assessment Review to the Tax As­sessor whose duty it shall be to make such corrections in the valuation as the Board of Assessment Review may determine.                                                                                                                

 

If the Tax Assessor has certified the tax roll, he/she shall transmit the findings of the Board of Assessment Review to the Town Council, which may cancel in whole or in part the tax based on such valuation in order to effect a correction.

 

4.      Procedure. The Town Council may provide by ordinance for the organization and procedure of the Board of Assessment Review and for the manner of receiving, considering, and dis­posing of appeals including the setting of a limitation of the time within which appeals may be taken to the Board of Assessment Review.  A majority of the members of the Board of Assessment Review shall constitute a quorum.

 

5.      Right of Appeal. The taking of an appeal to the Board of Assessment Review or any action thereon shall not be con­strued to limit or restrict the right of any taxpayer to apply to a court of competent jurisdiction for relief from any as­sessed valuation or tax originally determined by the assessor.

 

 

 

 

 

 

 

 

Title 9

TOWN CLERK

 

Chapter 1

 

9-1-1            SELECTION AND TERM.  There shall be a Town Clerk who shall be appointed by the Town Manager with the approval of the Town Council for an indef­inite term. In the same manner and for an indefinite term when­ever such appointment shall be necessary, there may be ap­pointed a Deputy Town Clerk who shall have all the powers to perform all the duties which are granted to the office of Town Clerk.

 

9-1-2            POWERS AND DUTIES.  The Town Clerk shall be the Clerk of the Town Council, Clerk of the Probate Court, Clerk of the Board of Canvassers, and the Recorder of Deeds. It shall be the duty of the Town Clerk to:

 

1.      Make a permanent record of all proceedings and certify by his/her signature all actions of the aforesaid bodies;

 

2.      Be custodian of the Town of North Smithfield Seal and of the official docu­ments and records of the Town of North Smithfield;

 

3.      Direct and supervise the recordings of deeds, mortgages, vital statistics, licenses and permits and such other records as shall by ordinance and law be required to be kept by the Town Clerk;

 

4.      Issue licenses and permits as directed by the Council or as provided by state law or Town of North Smithfield ordinance.

 

5.      Perform such other duties as may be prescribed by this Charter or by law pertaining to Town Clerks, and such other duties appropriate to the office as the Town Manager and Town Council may require.

 

9-1-3            COMPENSATION.  The Town Clerk and Deputy Town Clerk shall receive such     an­nual salaries as shall be set by the Town Council. All fees col­lected by either the Town Clerk or the Deputy Town Clerk shall be transmitted to the Finance Director and be deposited in the general funds of the Town of North Smithfield unless otherwise directed by the general laws of the State.

 

9-1-4            BOND.  The Town Clerk and Deputy Town Clerk shall respectively within fifteen (15) days of the time of being sworn into office give bond to the Finance Director with sufficient surety in such sum as the Town Council shall prescribe for the faithful per­formance of the duties of such office.

 

 

 

Title 10

DEPARTMENT OF PUBLIC WORKS

 

Chapter 1

 

10-1-1  ORGANIZATION.  There shall be a Department of Public Works, the head of which shall be the Director of Public Works, who by training and experience shall be qualified to administer the duties and responsibilities described herein, and who shall be appointed by and shall serve at the pleasure of the Town Manager.  The Director of Public Works shall have general control and supervision of operation of the Department of Public Works and shall, subject to approval of the Town Manager, make rules and regulations relating to the operation of the Department of Public Works.

 

10-1-2  POWERS AND DUTIES.  The Department of Public Works shall provide but not be limited to providing the functions and services of the Town of North Smithfield relating to streets, highways, sidewalks, bridges, watercourses, street lighting and storm sewers; for the collection and dis­posal of garbage and other refuse; for the construction, main­tenance, repair and operation of all public buildings and prop­erties, other than those of the school department, belonging to or used by the Town of North Smithfield; for building, electrical and plumbing per­mits; for regulation of weights and measures; and for such other functions as may be prescribed by ordinance, whether they be performed by this department or by others under con­tract.

 

The further organization of the Department of Public Works into separate divi­sions or offices shall be made by the Town Council on recommendation of the Town Manager.

 

10-1-3  FEES.  All fees from permits and any other revenues collected by the Department of Public Works shall be forwarded regularly to the Finance Director.

 

Title 11

PUBLIC SAFETY

 

Chapter 1

POLICE DEPARTMENT

 

11-1-1  ORGANIZATION.   There shall be a Police Department the head of which shall be the Chief of Police who shall be a police officer with at least three (3) years' experience above the rank of patrolman in any or­ganized police department or any other law enforcement agen­cy providing equivalent experience with preference given to a qualified elector of the Town of North Smithfield.

 

 

 

 

 

 

The Chief of Police shall be appointed by the Town Manager and shall serve at the pleasure of the Manager.  In addition to the Chief of Police there shall be such subordinate officers and other personnel as shall from time to time to be determined by the Town Council.  The Chief of Police and subordinate officers and other personnel shall constitute the permanent police force of the Town of North Smithfield.

 

The further organization of the Police Department into divisions or offices or grades shall be made by the Town Council on recommendation of the Town Manager after conferring with the Chief of Police.

 

11-1-2  APPOINTMENT AND TENURE.   All police officers below the rank of Chief of Police, shall be appointed or promoted as the case may be by the Police Chief, provided they shall have satisfactorily passed such qualifying tests as the Town Council shall have established by ordinance. They shall hold their respective offices, during good behavior, until vacated by death, resignation or retirement or until they shall be removed by the Police Chief, in accordance with applicable State Law. Before their permanent appoint­ment, all members of the police force shall have served for a period of not less than one year in a probationary status dur­ing which period they may be removed at any time by the Chief of Po­lice, without cause.

 

11-1-3  POWERS AND DUTIES.   The Police Department shall be re­sponsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, regulation of traffic, and the enforce­ment of the laws of the State and the ordinances of the Town of North Smithfield and rules and regulations in accordance therewith. The Chief of Police and other members of the department shall have all the powers and duties as are now and hereafter vested in such police officers by the laws of the State and the Town of North Smithfield ordi­nances.

 

The Chief of Police shall be in direct command of the police force and shall, subject to the approval of the Town Manager and Town Council, make rules and regulations con­cerning the conduct of all officers and subordinates to the extent that these rules are not in conflict with State Law. The Chief of Police shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their training, effi­ciency, discipline and good conduct.

 

The Chief of Police shall also be responsi­ble for all Town of North Smithfield property in his custody. In the absence or dis­ability of the Chief of Police the next highest ranking officer shall have all the powers and perform all duties of the Chief of Police.

 

 

 

 

 

 

 

Chapter 2

FIRE DEPARTMENT

 

11-2-1  FIRE DEPARTMENT.  There may be created a Fire Department by action of the Town Council.  The head of the Fire Department shall be the Fire Chief who shall have such training and experience in the service sufficient as to be qualified for the responsibilities of the office.  The Fire Chief shall be ap­pointed by the Town Manager for an indefinite term and shall serve at the pleasure of the Town Manager. 

In addition to the Fire Chief, there shall be such subordinate personnel as shall be determined by the Town Council.

 

Chapter 3

INSPECTION DIVISION

 

11-3-1  INSPECTION DIVISION.  The Inspection Division shall be headed by a Chief Inspector who shall be appointed by the Town Manager in accordance with                      RI GL 23-27.3-107.1, et seq and shall possess such qualifications as outlined in                           RI GL 23-27.13-107.5, et seq.   The Chief Inspector shall issue all building, electrical, plumbing, drainage and other permits in accordance with existing or future ordi­nances passed by the Town Council and enforce the State Building Code, Minimum Housing Regulations, and Town Zoning and Permitting Ordinances in accordance with the General laws of Rhode Island and such related functions as may be required now and hereafter by Ordinance, State Law or may be assigned by the Town Manager.

 

Title 12

PLANNING BOARD

 

Chapter 1

 

 12-1-1  ORGANIZATION.  There shall be a Planning Board consisting of five (5) members and two (2) alternate mem­bers, residents of the Town of North Smithfield, none an elected or otherwise ap­pointed official of the Town of North Smithfield and all appointed by the Town Council in accordance with RI GL 45-23-26, et seq. Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively.

 

The alternate members shall be appoint­ed for a term of one (1) year. First and second alternate members respectively shall be eligible to vote in the absence of any regular member.

 

Any vacancy during the unexpired term of an appointed member shall be filled by the Town Council for the remainder of the term. The Town Council may remove a Planning Board member for due cause following a public hearing.  All members shall serve until their respective successors have been designated.

 

The Planning Board shall organize annually by electing a chairman, vice chairman, and a secretary. Members of the Planning Board shall serve without compensation but may be reimbursed out of appro­priations for any expenses incurred in the performance of their duties.

 

Regular meetings of the Planning Board shall be held at least once a month on such days as the board may determine, and special meetings shall be held at the call of the chairman or on the written request of two (2) members. Three (3) members shall constitute a quorum, but no action shall be taken by the Planning Board without the concurring vote of three (3) members. The Planning Board may adopt rules for the transaction of business.

 

The Planning Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Planning Board and shall be a public record.

 

12-1-2  POWERS. The Town Planning Board shall have such powers and perform such functions as are granted or assigned to it by the laws of the State and the ordinances of the Town of North Smithfield.  It has the right to require all Town of North Smithfield officials and officers, departments, boards and commissions to submit such data as is available and which would assist the Town Planning Board in the performance of its duties.

 

12-1-3  DUTIES.

 

1.      The Town Planning Board shall serve as the governing body for the Town of North Smithfield on all matters pertaining to planning and development of the Town of North Smithfield.

 

2.      The Town Planning Board shall be responsible for the development and improvement of the Town of North Smithfield using a Comprehensive Plan.  It shall continuously collect and maintain data concerning present and projected land use. It shall continuously review the existing Comprehensive Plan.

 

A public hearing with due public notice, published as a paid advertisement in a newspaper of general circulation in the Town of North Smithfield once a week for three consecutive weeks shall be held prior to the adoption of any amendment to the Comprehensive Plan by the Town Planning Board and the Town Council.

 

Comprehensive Plan.  Such plan shall, among other things, show the proposed location and arrangement of the uses of the land; transportation routes; public facilities; utility systems; deteriorating or blighted neighborhoods planned for redevelopment, rehabilitation, or other improvement; natural resources and historic sites to be preserved; and disaster sur­vival proposals. Such plan shall also include recommendations for the enactment of development controls deemed necessary to properly implement the features of the plan, such as zoning, subdivision control, official street map, minimum housing standards, pollution control, etc.

  

3.      Regulatory Powers. The Planning Board shall regulate the plat­ting or any other subdivision of land in accordance with pro­visions in the general laws of Rhode Island.

 

4.      Opinions. The Planning Board shall file an opinion with the Town Council on all proposed amendments to the zoning ordinance, giving due consideration to the relationship of such amend­ment to the Town of North Smithfield's comprehensive plan, and shall recommend to the Town Council amendments to the zoning ordinance wher­ever there is a proposed major change in or extension of land use, transportation routes, public facilities, or public utility systems. At least once every two (2) years the Planning Board shall review the zoning ordinance and make recommendations concerning its revision.

 

5.      Annual Report. The Planning Board shall report annually to the Town Council at the end of the fiscal year, summarizing work of the preceding year and recommending plans for    fu­ture development of the Town of North Smithfield. A copy of this report shall be filed with the Rhode Island Development Council in accordance with the provisions in the general laws of Rhode Island. All plans and reports of the Planning Board shall be first submitted to the Town Council, and thereafter the Planning Board may publish and dis­tribute copies of plans and reports in order to promote public interest in and understanding of the work of the Planning Board.

 

The Planning Board may employ such technical assistance as it may deem necessary within the funds appropriated to it and may enter into agreements with the state, federal or regional agencies; the Planning Board may incur any expense necessary therefore, but it shall not for any purpose contract for or incur any expense greater than the amount appropriated or available therefore.

 

12-1-4  PLANNING, COORDINATION.  Any proposal for the construction of a public improvement or for the acquisition of land for public use shall be first submitted to the Planning Board for its recommendation. Noth­ing shall prevent the proposal from being effected in the absence of a recommendation of the Planning Board after thirty (30) days from the date of submission or subsequent to a negative recommendation of the Planning Board.

 

All proposed ordinances and resolutions of the Town Council which concern the existing and proposed location and arrange­ment of the uses of the land; transportation routes; public facilities; public utility systems; deteriorating or blighted neighborhoods planned for redevelopment, rehabilitation, or other improvement; natural resources and historic sites to be preserved; and disaster survival proposals; shall be submitted to the Planning Board for its recommendation. Nothing shall restrict or prevent the Town Council from act­ing on any ordinance or resolution contrary to or in the ab­sence of a recommendation of the Planning Board.

 

 

 

 

 

 

Chapter 2

TOWN PLANNER

 

12-2-1 TOWN PLANNER.  There shall be a Town Planner, who shall be appointed by the Town Manager and approved by the Town Council upon the recommendation of the Personnel Board and Planning Board.

 

12-2-2 QUALIFICATIONS.  The Town Planner shall have a degree in planning or a related field, or equivalent experience and must have experience in local planning and zoning, or knowledge of generally accepted planning principles.

 

12-2-3 DUTIES AND RESPONSIBILITIES.  Under the supervision of the Town Manager, the Town Planner shall:

 

a.       Facilitate orderly administrative procedures relating to pending subdivisions for presentation to the Planning Board for its review.

 

b.      Review and evaluate preliminary plat proposals prior to submittal to the Planning Board.

 

c.       Make recommendations based on generally accepted planning principles to the Planning Board and Zoning Board of Review.

 

d.      Work with ongoing programs at the request of the Planning Board, Zoning Board of Review, Town Manager or Town Council.

 

e.       Assist the Town Manager in preparing applications for Federal funding and/or Federal grants for which the Town of North Smithfield might be eligible.

 

f.        Attend in an advisory capacity at all Planning Board meetings and workshops, and attend Zoning Board of Review meetings, upon request of the Planning Board or Zoning Board.

 

Title 13

ZONING BOARD OF REVIEW

 

Chapter 1

 

13-1-1            ORGAN1IZATION.  There shall be a Zoning Board of review consisting of five (5) members and two (2) alternate mem­bers, residents of the Town of North Smithfield, none an elected or otherwise ap­pointed official of the Town of North Smithfield and all appointed by the Town Council in accordance with RI GL 45-24-27 et seq.

 

Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The alternate members shall be appoint­ed for a term of one (1) year. If a vacancy should occur in the board, the Town Council shall appoint a new member for the unexpired term.

 13-1-2            POWERS AND DUTIES.

 

1.      The chairman, or in his absence, the acting chair­man, may administer oaths and compel the attendance of witnesses.

 

2.      The Zoning Board of Review shall make its own rules of pro­cedure having to do with appeals to the Zoning Board of Review, stay of proceedings on appeal and hearings of appeals to the Zoning Board of Review, provided that such rules conform with law and amendments thereto.

 

3.      The Zoning Board of Review shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Zoning Board of Review and shall be a public record.

 

4.      The Zoning Board of Review shall hear and decide appeals where it is alleged there is error in any order, requirement, de­cision or determination made by an administrative offi­cer in the enforcement of zoning ordinances of the Town of North Smithfield.

 

5.      The Zoning Board of Review shall hear and decide special exceptions to the terms of the ordinance, upon which such Zoning Board of Review is authorized to pass under such ordinance.

 

6.      The Zoning Board of Review shall authorize upon appeal in specific cases such variance in the application of the terms of the ordinance as will not be contrary to the public in­terest, where owing to special conditions a literal en­forcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

 

7.      he Zoning Board of Review may reverse or affirm wholly or partly, or may modify the order, requirement, decision or de­termination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

 

The concurring vote of three (3) members of the Zoning Board of Review shall be necessary to reverse any order, require­ment, decision or determination of any such administra­tive officer, and the concurring vote of four (4) mem­bers of the Zoning Board of Review shall be required to decide in favor of the applicant on any matter within the discretion of the Zoning Board of Review upon which it is required to pass under such ordi­nance or to effect any variation in the application of such ordinance.

 

The Zoning Board of Review may also act in a review capacity in other matters as may be specified in the general laws of Rhode Island.

 

 

Title 14

PERSONNEL BOARD

 

Chapter 1

 

14-1-1            ORGANIZATION.  There shall be a Personnel Board consisting of five (5) members who shall be appointed by the Town Manager with the approval of the Town Council for such terms and with such responsibilities as shall be determined by the Town Council by ordinance. 

 

14-1-2  REMOVAL FROM OFFICE.  The following reasons shall constitute cause for removal from office:

 

1.    Willful violation of any provisions of this Charter or Town of North Smithfield ordinance;

 

2.    Incompetence to perform the duties of the particular office held;

 

3.    Conviction of a crime-involving moral turpitude;

 

4.    Willful neglect of duty;

 

5.    Corrupt or willful malfeasance in office, and

 

6.    Willful misconduct to the injury of the public service.

 

14-1-3  RETIREMENT OF MUNICIPAL EMPLOYEES. The Town Council may provide by ordinance a system of re­tirement allowance to augment federal social security or other pension plan payments, if any, for the Town of North Smithfield's regular full-time paid employees, and for the contribution by employees and the Town of North Smithfield to a fund from which such allowance shall be paid.

 

The Town of North Smithfield may enter into a contract with any insurance company authorized to do business in this state for the purpose of in­suring the whole or any part of its retirement plan.

 

Title 15

SCHOOL DEPARTMENT*

 

Chapter 1

 

15-1-1      MEMBERSHIP; TERM.  There shall be a School Committee consisting of five (5) members each of whom shall be elected at large at the regular elections in even numbered years to serve for a term of four (4) years and until his successor is elected and qualified. 

However, in the elections of 2002 only, the three (3) candi­dates with the largest number of votes shall be elected for four (4) years; the next two (2) candidates in vote totals shall be elected for a term of two (2) years. Thereafter, the candidates elected at subsequent elections shall be placed on the ballot in one column in alphabetical order and the candidates with the largest number of votes shall be elected.

 

In addition, candidates elected thereafter shall be for three (3) or two (2) members of the School Committee, as may be required to fill the vacancies caused by the expiration of the terms.

 

*State law reference - For applicable state law, see G. L. 1956, § 16-2-5 et seq.

 

15-1-2  QUALIFICATIONS.  School Committee members shall be qualified electors of the Town of North Smithfield and shall hold no other paid office or employment in the service of said Town of North Smithfield, except that of Notary Public, Justice of the Peace, Town  Constable, call firemen or auxiliary policemen. If a School Committee member shall cease to possess any of these qualifications or shall be convicted of crime involving moral turpitude, his/her office shall immediately become vacant.

 

15-1-3 COMPENSATION.  Members of the School Committee shall receive such annual compensation as shall from time to time be fixed by the School Committee, provided no change in compensation shall take effect until after the next bi-annual election and installation as School Committee members.

 

15-1-4  VACANCIES.  Any vacancy in the membership of the School Committee shall be filled by the Town Council until the next regular Town election, when the office shall be filled for the unexpired term thereof.

 

15-1-5  POWERS AND DUTIES.

 

1.      Organization. The School Committee shall elect a chair­man, vice chairman, and secretary, at its first organization meeting. The School Committee com­mittee shall determine its own rules and order of business and the time of its meetings.

 

2.      Policy. The School Committee shall determine and con­trol all policies affecting the administration, maintenance and operation of the public schools and shall have all the powers and be subject to all duties as prescribed by the laws of the state.

 

The School Committee shall prepare a complete report of its finances and ac­tivities at the close of the fiscal year. Such reports shall be in­cluded as a separate section in the annual Town report.

 

3.      Appointments and Removals. The School Committee shall appoint a Superintendent of Schools as its administrative agent. The appointment and removal of all school employees shall be made by the School Committee upon recommendation of the Superintendent of Schools, except as may otherwise be pro­vided by law. Except for the purpose of inquiry, the School Committee and its members shall deal with the administration of the public schools solely through the Superintendent of Schools and neither the School Committee nor any member thereof shall give orders to any subordinates of the Superinten­dent of Schools, either publicly or privately.

 

4.      Budget. The School Committee shall submit budget esti­mates in the same manner as other departments.

 

5.      Reports of Anticipated Expenditures. The School Committee shall submit to the Town  Finance Director, monthly re­ports of anticipated expenditures.

 

6.      Buildings and Grounds. The Department of Public Works, at the request of the School Committee and with the ap­proval of the Town Manager may maintain and care for school buildings and grounds, provided that the costs are charged against the appropriations for the School Department.

 

Title 16

OTHER OFFICES AND COMMISSIONS

 

Chapter 1

 

16-1-1 TOWN SERGEANT.  There shall be a Town Sergeant who shall be appointed by the Town Council to serve at the pleasure of the Town Council. The Town Sergeant shall have all the powers, privileges and im­munities of his office, and shall perform all the duties as prescribed by the general laws and applicable special laws and ordinances. The compensation of the Town Sergeant shall be set by ordinance.

 

16-1-2            AUCTIONEER.  There shall be one or more auctioneers appointed by the Town Council. Every auctioneer shall, at his own expense, give bond in a sum not exceeding ten thousand dollars ($10,000.00) nor less than two thousand dollars ($2,000.00) for the faithful execution of the duties of his office according to law. The powers and procedures of said office shall be as prescribed by law.

 

16-1-3 SEALER OF WEIGHTS AND MEASURES.  There shall be a Town Sealer of weights and measures ap­pointed by the Town Council. The powers and procedures of said office shall be-as prescribed by law.

 

16-1-4 EMERGENCY MANAGEMENT AGENCY.  There shall be an Emergency Management Director who shall be appointed by the Town Manager and have such duties and responsibilities in accordance with RI G.L. 30-15-1, et seq.   

 

16-1-5 DEPARTMENT OF PUBLIC WELFARE.  There shall be a Department of Public Welfare which shall perform the functions and services of the Town of North Smithfield relating to public - welfare. The head of the Department of Public Welfare shall be the Director of Public Welfare who shall be either the Town Manager, or a person appointed by him. The Director of Public Welfare shall have all the powers and duties relating to the poor, needy and depen­dant persons as may be vested in the Department of Public Wel­fare and shall administer all welfare statutes of the state or federal government, the administration of which is delegated to the Town of North Smithfield, or the Director of Public Welfare.

 

16-1-6 HOUSING AUTHORITY.  The Town Council shall appoint members of the Housing Au­thority herein established in accordance with Chapter 45-26. of the General Laws, 1956, as amended.

 

16-1-7  FREE PUBLIC LIBRARY.  The Town Council is authorized to accept on behalf of the Town of North Smithfield as, a gift, the North Smithfield Free Public Library, and to provide for its operation in accordance with RI G.L. 29-4. et seq.

 

16-1-8  CONSERVATION COMMISSION.  There shall be a Conservation Commission established in ac­cordance with RI G.L. 45-35 whose members shall be appointed by the Town Council.

 

16-1-9 ECONOMIC DEVELOPMENT COMMISSION.  There may be established in the Town of North Smithfield an Economic Development Commission at such time as the Town Manager with the approval of the Town Council may direct.

 

1.      Organization. The Economic Development Commission shall be composed of five (5) members, one (1) first alternate member, and one (1) second alternate member all of whom shall be residents of the Town of North Smithfield sympathetic toward economic development within the Town of North Smithfield, appointed by the Town Manager, each member to hold office for the term of five (5) years; provided, however, that the original selection shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectfully, and each alternate member to serve a term of one (1) year.

 

2.      Powers and Duties. The Economic Development Commission shall organize at its first meeting held after appointments each year by electing a chairman and a vice chairman and adopting its rules of proced­ure.

 

The Economic Development Commission shall have the power to promote and encourage the settlement of new business in the Town of North Smithfield, retention and expansion of existing business, and the development and redevelopment of industrial, office and retail properties with the objectives of expanding and diversifying the Town of North Smithfield’s tax base, retaining and expanding employment opportunities, and improving the visual quality of the Town of North Smithfield’s built environment.

 

 

 

In furthering its purpose, the Economic Development Commission shall cooperate with the state, regional, and local agencies and organizations and individuals whether in the Town of North Smithfield or in other municipalities.

 

The commission shall submit a report of its activities annually to the Town Manager and the Town Council.

 

3.      Compensation. The Economic Development Commission shall serve without pay.

 

17-1-10  SEWER COMMISSION.   There shall be a Sewer Commission established in   accord­ance with the General Laws of the State of Rhode Island.

 

1.      Organization. The Sewer Commission shall consist of five (5) members each a qualified elector of the Town of North Smithfield, appointed by the Town Council for a term of five (5) years. The original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. Vacancies shall be filled in accordance with the act creating this commission. No employee of the Town of North Smithfield nor holder of any other of­fice of the Town of North Smithfield shall be eligible to serve as a member of the board of Sewer Commissioners.

 

2.      Powers and Duties. To provide sewer services for  the Town of North Smithfield and be responsible for the construction, alteration, repair, maintenance and op­eration relating to the functions and services within its jurisdiction as defined in the General Laws of the State of Rhode Island.

 

17-1-11  OTHER OFFICERS.  There shall be such other officers and commissions of the Town of North Smithfield as the Town Council may establish by ordinance.

 

Title 18

GENERAL PROVISIONS

 

Chapter 1

 

18-1-1  AMENDING THE CHARTER.   Amendments to this Charter shall be made in the manner provided by the Constitution of the State in accordance with Article XXVIII, Section 8.

 

18-1-2  SPECIFIC PROVISION SHALL PREVAIL.  To the extent that any specific provision contained in this Charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

 

18-1-3  LAWS AFFECTING OFFICERS.  Any powers, duties or functions which are required by law to be exercised, performed or administered by a particular officer or officers of the Town of North Smithfield shall be carried out by the offi­cer or officers who by this Charter or by ordinance or by law are responsible for the same, regardless of the title or desig­nation of the office.

All elected Town of North Smithfield officers shall be qualified electors of the Town of North Smithfield.

 

The terms of office of all officers, members of boards, commissions and committees of the Town of North Smithfield appointed with the approval of or elected by the Town Council shall be concurrent with the terms of the Town Council unless otherwise provided in this Charter.

 

18-1-4  OATH OF OFFICE.  Every officer of the Town of North Smithfield shall, before entering, upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the Town Clerk

 

"You    (naming the person)            do solemnly swear (or, affirm) that you will be true and faithful unto this. State and support the laws and Constitution of the United States; and that you will well and truly execute the office (naming the office) for the term for which you have been elected (or appointed), or until another be engaged in your place, or until you be legally discharged therefrom; so help you God (or this affirmation you make and give upon peril of the penalty of perjury)."

 

18-1-5  OFFICIAL BONDS.  The Town Council shall require a bond, in such amount and with such surety as the Town Council may specify, from all per­sons entrusted with the collection, custody or disbursements of any of the Town of North Smithfield moneys and may require such bond from such other officials and employees as it may deem advisable and all as required by law. The premiums on such bonds shall be paid by the Town of North Smithfield unless provided otherwise.

 

18-1-6  PUBLICITY OF RECORDS.  All records and accounts of every office, department, board, agency, or commission shall be open to public inspection at all reasonable times during business hours, except:

 

1.      Records of the Police Department and Town Solicitor’s office, disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

 

2.      Records and documents of the Department of Public Welfare office pertain­ing to case histories, the disclosure of which would tend to defeat the lawful purpose which they are    in­tended to accomplish.

3.      Personnel records to the extent they are protected from disclosure pursuant to RI General Law.

 

18-1-7            COPIES OF PUBLIC RECORDS.  Any person inspecting public records shall be permitted to make written copies and abstracts of any public records. Any person shall also have the right to obtain a copy upon pay­ment of a fee. Such fee shall be a reasonable charge for the preparation of the copy.

 

 

18-1-8            SEPARABILITY CLAUSE.  If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter, nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

 

18-1-9            CODIFICATION OF ORDINANCES.  The Town Council, not later than            January 1, 2008 and at least every tenth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the Town of North Smithfield which are appropri­ate for continuation as local laws of the Town of North Smithfield. Such revisions or codification shall be prepared under the supervision of the Town Solicitor, but the Town Council may authorize the Town Solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.

 

18-1-10  PRINTING OF CHARTER UPON THE BALLOT.  It shall not be necessary for the full text of a Charter or amend­ments to a Charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substan­tially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient.

 

18-1-14  TENURE OF OFFICE GUARANTEED.  No tenure of office heretofore guaranteed by law to any employ­ee of the Town of North Smithfield employed as of the date of adopting of this Charter, shall be abridged or diminished by the adoption of this Charter, except that the removal of any person so employed for cause shall be in accordance with the provisions contained herein.

 

18-1-15 INSURANCE FOR ELECTED OFFICIALS OR APPOINTEES TO BOARDS OR COMMISSIONS.  No Town of North Smithfield funds shall be expended to purchase any life, health or medical insurance for any elected officials or appointees to Town boards or commissions.

 

18-1-16  RIGHT TO ENACT ORDINANCES.  The right to enact ordinances is hereby granted to the qualified electors of the Town of North Smithfield by initiative, provided that such power shall not extend to the budget or capital programs or to any ordinance relating to the appropriation of money, or to the levy of taxes or to the salaries and benefits of Town of North Smithfield officials or employees.

 

The ini­tiative shall be exercised in the following manner:

 

1.      Whenever five hundred (500) qualified electors of the Town of North Smithfield petition the Town Council to enact a proposed ordinance, it shall be the duty of the Town Council to consider such pro­posed ordinance within seventy (70) days of receipt. Receipt, for the purpose of this subsection, shall be defined as the reading of said petition at the next regularly scheduled meeting of the Town Council.

 

2.      The signatures on any initiative petition provided for in this subsection may be on separate papers; provided, how­ever, that each such separate paper shall contain a full and correct copy of the title and text of the proposed ordinance and all such separate papers shall be bound together and filed as one instrument with the Town Clerk. To each said separate paper there shall be attached a signed statement of the circulator thereof, who states therein under oath, that each signature appended to said paper was made in the presence of the circulator.

 

3.      In the event that the Town Council shall fail to enact such proposed ordinance without amendment, and upon the re­ceipt by the Town Clerk of a notarized referendum petition signed by an additional five (5) per cent of the qualified electors of the Town of North Smithfield, the Town Council shall submit such proposed ordinance to a vote of the people of the Town of North Smithfield at the next general election; provided, however, that said bal­lot referendum petition must be filed at least sixty (60) days prior to the date fixed for such general election.

 

4.      The ballots used when voting upon such proposed ordi­nance shall include an ordinance title which shall state the purpose or intent of such ordinance, the question, "Shall the ordinance pass?" and shall set forth on separate lines the words "Yes" and "No."

 

5.      If a majority of the electors voting on the proposed ordi­nance shall vote in favor thereof, such ordinance shall there­upon become a valid binding ordinance of the Town of North Smithfield; an ordinance so adopted shall not be altered or modified by the Town Council within one year after the adoption of the or­dinance at said general election.

 

6.      The Town Council may, by ordinance, make such other fur­ther regulations for carrying out the provisions of this sec­tion as are not inconsistent herewith.

 

Title 19

SUCCESSION IN GOVERNMENT

 

Chapter 1

 

19-1-1            CONTINUATION OF LAWS.  The laws of the state in their application to the Town of North Smithfield shall continue in effect, except insofar as they are inconsistent with the provisions of this Charter or any legally adopted ordinance of the Town of North Smithfield.

 

19-1-2            CONTINUATION OF ORDINANCES.  All ordinances, resolutions, rules and regulations of the Town of North Smithfield in force at the time when this Charter takes effect, not inconsistent with the provisions of this Charter, shall continue in force until amended or repealed.

 

19-1-3            CONTINUATION OF TAX OBLIGATION.  All taxes levied or assessed by the Town of North Smithfield prior to the effective date of this Charter, which have not been collected by the Town of North Smithfield, shall be collected with any penalties thereon, by the Town      gov­ernment hereby established, in accordance with law.

 

19-1-4            TRANSFER OF RECORDS AND PROPERTY.  All records, property and equipment whatsoever of any office, department or agency or part thereof, the powers and duties of which are assigned in whole or in part thereof to another office, department or agency by this Charter, shall be transferred and delivered forthwith to the office, department or agency to which such powers and duties are so assigned.            .

 

19-1-5            CONTINUANCE OF CONTRACTS AND OBLIGATIONS. All leases, contracts, franchises and obligations entered into by the Town of North Smithfield or for its benefit, prior to this Charter taking effect; shall continue in full force and effect.

 

19-1-6            PENDING ACTIONS AND PROCEEDINGS. No action or proceeding, civil or criminal, in law or in equity pending at the time when this Charter shall take effect, brought by or against the Town of North Smithfield or any office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything in said Charter contained.

 

Title 20

INAUGURATION OF NEW CHARTER GOVERNMENT

 

Chapter 1

 

20-1-1            EFFECTIVE DATE.  For the purpose of nominating and electing the elective of­ficers of the Town of North Smithfield and School Department, this Charter shall be in effect from and after its approval by the electors and validat­ing of election procedures by the General Assembly.

 

The Town Council upon taking office shall appoint by resolution the several officers whose appointments are required by this Charter to be made by the Town Council.

 

All other personnel and employees of the Town of North Smithfield shall continue to perform their duties until reappointed or until successors to their respective duties are appointed in the manner provided by this Charter.

 

20-1-2            TRANSFER OF APPROPRIATION.   The Town Council shall have authority to make any changes or transfers in appropriations existing when this Charter takes effect which may be required for the operation of the Town government under the provisions of this Charter.

 

20-1-3            ORDINANCES TO IMPLEMENT CHARTER.  The Town Council shall proceed to enact or adopt as promptly as possible all ordinances, resolutions, rules and regulations which may be necessary to implement the provisions of this Charter.