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superseded by or declared inoperative by ordinance or resolution of the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.
(c)
The town council may at a regular or special meeting authorize the
hiring,
pursuant to statutes now or hereafter in effect, of money in each
financial year in anticipation of the receipt of the proceeds of the annual tax
due or to become due in said financial year upon the ratable property in
town. Tax anticipation notes shall be
repaid within the taxable year for which they are borrowed.
(Amend. of 11-7-89, 2; Amend. of 11-2-93)
Sec. 9.
Participation by the electorate.
Any qualified elector of the town
may circulate a petition for the holding of
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.
(c)
At least four hundred (400) qualified electors shall be necessary
to
constitute a quorum at any
special town meeting. All questions
shall be decided by a majority of the votes of the qualified electors present.
(d) 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
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.
(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.