ARTICLE I

ARTICLE I. BASIC PROVISIONS

Sec. 1. Municipal body.

The inhabitants of the Town of North Smithfield, within the corporate limits as now or hereafter established, shall continue to be a municipal body politic and corporate in perpetuity.

Sec. 2. Form of government.

The form of town government provided by this charter shall be the administrator-council form of government. Pursuant to its provisions and subject only to the limitations imposed by this state constitution and by this charter, all powers of the town ~~except those vested in the financial town meeting,~~ shall be vested in an elected town council which shall enact local legislation, and in an elected town administrator who shall be responsible for the execution of the laws and the administration of the town government.

Sec. 3. Local self-government.

The town shall have all powers of local self-government and home rule and all powers possible for a town to have under the constitution of this state, together with all the implied powers necessary to carry into execution all the powers granted. The town shall have such additional powers as now or hereafter may be granted to the town by the laws of the state. All powers of the town shall be exercised in the manner prescribed by this charter, or if not so prescribed, then in such manner as shall be provided by ordinance or resolution of the council.

Sec. 4. State law.

The laws of the state not inconsistent with this charter, except those superseded by or declared inoperative by ordinance or resolution of the council, shall have the force and effect of ordinances of the town.

Sec. 5. ~~Ordinance~~ 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) business 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 to the public in the town hall and shall provide each member of the town council with a copy.

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.

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 hearing.

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.

Emergency Ordinances.

In an emergency affecting the public peace, health, safety, comfort and welfare of the inhabitants of the town 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 sixty-first (61) 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.

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) calendar days after final passage, each ordinance shall be published at least once in such manner as the town council may prescribe by ordinance.

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.

Sec. 6. Property.

The town may acquire property within or without its corporate limits for any municipal purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, mortgage, hold, manage and control such property as its interest may require.

Sec. 7. General powers.

The town shall have and may exercise all local and municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever unless otherwise prohibited by the constitution of the state or by this Charter. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the town shall have and may exercise all powers which, under the constitution of the state, it would be competent for this Charter specifically to enumerate.

Sec. 8. Legislative powers.

The town shall have power to adopt and amend local laws and ordinances relating to its property, affairs and government. The legislative powers of the town shall be vested in the town council. ~~except such powers as are vested in the financial town meeting.~~

Sec. 9. Contracts with other bodies.

The town may enter into a contract or cooperative agreement with the federal government, with the state, or with any political subdivision thereof for the performance of any services and the use of any facilities.

Sec. 10. Code of ethics.

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 administrator, 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.

Conflict of interest.

No appointed or elected official or employee of the town 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 board, commission, or committee. This requirement 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.

Removal of provisions.

Any appointed official of the town 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 shall have immediately forfeited their position upon such finding and the exhaustion of all appeals thereof.

Contracts with the town.

No elected official or employee of the town, member of any board or commission of the town, or resident of the town 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, 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.

Contracts by the town.

The town shall not enter into any contract with any elected official or employee of the town, member of any board or commission of the town, or resident of the town 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.

Effect of stock ownership in contracting corporation.

When a contractor with the town shall be a corporation, the ownership of less than five percent (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.

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 shall knowingly undertake a contractual obligation in violation of the provisions of this section, it shall be grounds for his or her removal.

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.

ARTICLE II. ELECTIONS

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

Sec. 1. District.

The Town of North Smithfield shall consist of one district.

Sec. 2. Regular and special elections.

A regular town election shall be held on the first Tuesday after the first Monday in November in ~~odd~~ even numbered years. A special election may be held at any time at the order of the town council, or as otherwise provided in this Charter.

Sec. 3. Commencement of terms.

The term of office of all Town of North Smithfield officers elected by the people at a regular municipal election shall date from 8:00pm local time, on the first day of December in the year of their election. The term of office of all town officers elected by the people at a special municipal election shall date from the tenth day following the election.

Sec. 4. Petitions.

Each candidate for elective office in the town shall be a qualified elector of the town. Candidates for election may be nominated by petition signed by not less than fifty (50) qualified electors of the town.

Petitions for the nomination of candidates shall be filed with the canvassing authority of the town ~~not~~ earlier than five (5) weeks nor less than three (3) weeks prior to the date of the primary election. Forms for nominating petitions shall be furnished by the canvassing authority at least five (5) weeks prior to the date of the primary election. The nominating petitions for any candidate may be assembled into one petition before filing with the canvassing authority 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.

Sec. 5. Canvassing authority certification.

Upon receiving a nominating petition and statement of acceptance of any candidate, the canvassing authority of the town shall then certify to the validity of any petition having a sufficient number of proper signatures. The canvassing authority shall certify a list of candidates and shall cause to be published in one or more newspapers having a general circulation in the town, the names and addresses of the candidates who have duly filed valid nominating petitions and acceptances.

Sec. 6. Ballot arrangement.

The ballot for town elections shall contain the names of the candidates arranged by the offices to be voted for and listed alphabetically under the title of the office. No name or designation shall appear upon the ballot other than the name and address of each candidate.

Sec. 7. Primary election procedures.

A primary election to determine the candidates to be voted upon at the subsequent town election, whether regular or special, shall be held twenty~~-eight (28) days prior to the date of the regular or special town election.~~ 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 election who shall receive the greatest number of votes shall be declared nominated as candidates for office.

An additional candidate or candidates beyond the limitation imposed by Section 7 of this Charter shall be declared nominated at the primary election whenever a candidate receiving the least number of votes qualifying him as a candidate for office shall receive the same number of votes as another candidate or candidates. In such event, all candidates receiving the same number of votes shall be declared nominated.

If the number of candidates certified for any elective office does not exceed twice the number of places to be filled at the election, then no primary election shall be held for such office.

Sec. 8. Declaration of elected candidates.

At any town election other than a primary election, the person or persons receiving the greatest number of votes for an office, not exceeding the number of persons to be chosen, shall be declared elected to the office.

The votes shall be counted and the result of the election declared by the canvassing authority of the town in the manner provided for other elections.

Sec. 9. Miscellaneous requirements.

The council by ordinance shall provide for nominations, primaries and elections for town offices or for questions on local matters, except as otherwise required by this Charter.

The residents of the town having the qualifications of electors in the state, shall be electors of the town.

No person may be a candidate for more than one elective office at any one town election.

Sec. 10. Board of canvassers and registration.

There shall be a bipartisan canvassing authority elected by the town council as provided by the constitution and laws of the state. The canvassing authority 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.

ARTICLE III. FINANCIAL PROVISIONS OF THE TOWN

Sec. 1. Fiscal year.

The fiscal year of the town government shall begin on the first day of July and shall end on the last day of June of each calendar year.

(Amend. of 11-7-89, 2)

Sec. 2. Submission of estimates.

(a) No later than the second Monday in January of each year, operating

budget requests shall be submitted to the Town Administrator by the head of each department, (excluding that of the school department), board or other agency whose activities are to be supported in whole or in part by town funds during the next fiscal year in accordance with Article VIII of the home rule charter.

(b) No later than the fifteenth day in February of each year, the school

department shall submit their operating budget requests to the town administrator.

~~Sec. 3. Budget committee.~~

There shall be a budget committee consisting of five (5) members who shall be appointed by the town council. Each member of the town council shall appoint one (1) member to the budget committee to serve for a term of two (2) years. Said appointments shall be effective from 8:00pm local time on the first day of December in each election year. A member shall be a person who is a qualified voter of the Town of North Smithfield and shall serve without compensation, but an appropriation for their actual expenses shall be made. In the case of a vacancy on the committee after the appointment of its members, such vacancy or vacancies shall be filled by the town council member who made the original appointment or replacement.

~~Amend. of 11-7-89, 2)~~

~~Sec. 4. Budget process and format.~~

~~The budget shall be prepared in accordance with the provisions of Article VIII of the home rule charter.~~

~~(Amend. of 11-7-89, 2)~~

~~Sec. 5. Submission of budget to the council.~~

No later than the second Monday in April of each year, the budget committee shall cause copies of the budget recommendations to be delivered to each member of the town council and shall file one copy of the town clerk to be available for public inspection. Recommendations shall include an estimate of funds on hand and obligations pending as of the beginning of the new fiscal year, estimates of revenue anticipated together with its revenue and tax proposals, recommended expenditures divided into an operating budget and capital budget and such supporting explanations and information as it may deem appropriate or the council shall have requested. In preparing the budget, the budget committee shall have the authority in consultation with the town administrator to alter the estimates submitted as it shall see fit.

~~Sec. 6. Capital budget consideration.~~

~~(a)~~ ~~All capital budget requests (excluding that of the school department)~~

~~shall be submitted to the planning board by the second Monday in January. They shall make their recommendation to the budget committee by March 12.~~

~~(b)~~ ~~The school department shall submit their capital budget requests~~

~~to the planning board no later than February 1.~~

~~(Amend. of 11-7-89,2; Amend. of 11-2-93)~~

Sec. 7. Hearing.

The council shall schedule a public hearing on the budget prior to adopting the budget.

(Amend. of 11-7-89,2; Amend. of 11-2-93)

Sec. 8. Final council consideration.

(a) Upon completion of the public hearing, the council shall take the results

thereof under consideration and shall make changes in the budget as it may feel appropriate. Final adoption of the budget shall be voted no later than June 30. certification of the budget shall be in accordance with Article VIII of the home rule charter.

(b) The town council shall have and exercise the powers vested in the town to

raise by a tax upon real and personal estates such sums of money as may be required to pay town debts and to defray the necessary charges and expenses of the town, and it also may assess, levy or impose any other taxes for the support of the town which may legally be assessed, levied or imposed.

pursuant to statutes now or hereafter in effect, of money in each financial year in anticipation of the receipt of the proceeds of the annual tax due or to become due in said financial year upon the ratable property in town. Tax anticipation notes shall be repaid within the taxable year for which they are borrowed.

(Amend. of 11-7-89, 2; Amend. of 11-2-93)

Sec. 9. Participation by the electorate.

Any qualified elector of the town may circulate a petition for the holding of special town meeting (as set forth in Article III, Section 10 of the home rule charter)

To reconsider items for expenditure in either the operating budget or the capital budget as finally approved by the council or to consider the insertion of a new item or items in the capital budget. Regarding the school budget, only the total sum appropriated for school purposes shall constitute an item subject to petition in this manner. Such petition shall be upon forms prepared and provided by the town clerk and shall enumerate the specific item or items to be reconsidered, the amount of the increase or decrease proposed or the new item proposed for insertion and its amount. All such petitions for the calling of special town meeting must be filed with the board of canvassers no later than one (1) week following the adoption of the final budget as provided in section 8 above.

(Amend. of 11-7-89, 2; Amend of 11-2-93)

Sec. 10. Special town meetings.

(a) The board of canvassers shall approve any such petition for the calling of

a special town meeting if it bears valid signatures of at least five hundred(500) qualified electors of the town. Upon the approval of any such petition or petitions, the board shall notify the town clerk to call a special town meeting. This notification must be made not later than two (2) weeks following receipt of the most recently submitted of the petitions approved.

(b) The town clerk shall fix the date of such special town meeting so that it

shall be held not later than two (2) weeks following notification by the board of canvassers and shall cause notice to be given to the electors of the town in the manner prescribed by law for such meetings. The warrant shall only include the item or items and amounts enumerated in the petition or petitions requesting the meeting, and no business other than those specific items and amounts shall be in order. All items enumerated in valid petitions shall be considered at a single town meeting. The decisions of any such special town meeting respecting the item or items it was called to consider shall be final and binding on the council, the town administrator and all others concerned.

constitute a quorum at any special town meeting. All questions shall be decided by a majority of the votes of the qualified electors present.

(d) In no case may the operating budget of a department or agency be

increased by a special town meeting above the total amount of said budget as submitted to the council by the budget committee.

(e) No town meetings shall be called or held except in accordance with the

foregoing provisions of this article. At special town meetings held in accordance herewith, the president of the town council shall preside. Such special town meetings shall be conducted in accordance with applicable provisions of state law not inconsistent with this charter.

(f) No town meetings shall be called or held except in accordance with the

(g) If no petition shall have been filed with the board of canvassers within the

time limit set in section 9 hereof or if no petition so filed is approved by the board under the terms of subsection (a) of this section, the budget shall stand as adopted pursuant to section 8 hereof.

(Amend. of 11-7-89, 2)

Sec. 11. Bond issues.

The electors of the town otherwise qualified to vote in any general or special election in the town may at a regular or special election authorize the issuance of bonds pursuant to the statutes now or hereafter in effect.

(Amend. of 11-7-89, 2)

ARTICLE IV. TOWN COUNCIL

Sec. 1. Number, selection, terms.

The town council shall consist of five (5) members elected from the town at large, each to serve for a term of two (2) years, such term to begin on the first day of December next following their election, or until their successors are elected and qualified.

Option - Number, selection, terms.

The town council shall consist of five (5) members elected from the town at large by the electors of the town 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).

Sec. 2. Qualifications.

Members of the town council shall be qualified electors of the town.

Sec. 3. Vacancies.

Any vacancy in the membership of the town council may in the discretion of said council be filled for the unexpired term, except that if a vacancy in the council shall occur more than one year prior to the time for the holding of an election, the council shall, within thirty (30) days after the vacancy occurs call a special election for the purpose of filling such vacancy.

Sec. 4. Presiding officer.

At its organization meeting, upon the election of a new town council, the town council shall elect one of its members as town council president. The president shall preside at meetings of the council, but he shall have no administrative duties. Such office shall not deprive the council president of his vote on any question. At said meeting, the council shall elect from its members a president pro tempore who shall perform the duties of the president in the absence or disability of the president.

Sec. 5. Compensation.

The president of the town council and the members shall receive such annual compensation as the council shall fix by ordinance, ~~and shall be approved by the electors at the annual financial town meeting~~ provided that no change in compensation shall take effect until after the next biennial election and installation of town councilmen.

Sec. 6. Quorum.

Three (3) members of the town council shall constitute a quorum for the transaction of business but a smaller number may adjourn from time to time. At least forty-eight (48) hours' notice of the holding of an adjourned meeting shall be given all members who were not present at the meeting from which the adjournment was taken.

Section 7. Meetings.

The first meeting of the newly elected town council for induction into office and organization shall be held at 8:00pm on the first day of December. Thereafter, the town council shall meet regularly at such time and at such place as may be prescribed by its rules but not less frequently than once each month. A special meeting of the town council shall be called by the town clerk at the request of the town council president or a majority of the members of the town council.