Town of Glocester, RI
Providence County
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Table of Contents
Table of Contents

§ C14-1 Definitions.

1. 
"Council" — The term "Council" when used in this Charter shall refer to the Town Council of the Town of Glocester.
2. 
"Elector" — The term "Elector" as used in this Charter, shall refer to any person having the qualifications required by law to vote in elections in the Town of Glocester.
3. 
"General Election" — The term "General Election" shall mean an election held on the first Tuesday after the first Monday in November in even numbered years, at which time, in addition to the offices provided in this Charter, there are elected candidates to fill the offices of Senators and Representatives in the General Assembly, members of Congress, or such other offices as may be provided by law.
[Amended 7-1997]
4. 
"No Other Public Town Office" — Whenever in this Charter it shall be provided that the named elected or appointed office shall hold no other public Town office or employment in the service of the Town of Glocester. There shall be excepted therefrom the Office of notary public, Justice of the Peace, member of the National Guard, member of a reserve component of the Armed Services of the United States; volunteer firefighter, volunteer police officer, Civil Defense worker, member of a Committee or Group formed by any religious, charitable or educational organization to work alone, or with other members, to carry out projects in conjunction with other municipalities of the State, the State of Rhode Island, or with an agency of the United States.
5. 
"Publish" — The words "Publish" or "Published" as used in this Charter shall mean to cause to be printed, as a paid advertisement, in one or more newspapers having a general circulation in the Town of Glocester, the notice of matter to be brought to the attention of the inhabitants of the Town.
6. 
"Special Election" — The term "Special Election" shall mean any election held by virtue of an act of the General Assembly, or by action of the Town Council of Glocester, in accordance with law.
7. 
"Ex-officio" — The term "Ex-officio" shall mean by virtue of official position.

§ C14-2 Term of office.

The term of office of all Offices, members of Boards, Commissions or Committees appointed with the approval of the Council, or appointed or elected by the Council, shall be concurrent with the term of the Council, unless otherwise provided in the Charter or by State Law. Every elected or appointed officer of the Town who is elected or appointed for a specific term shall continue to hold such office until a successor is elected or appointed and qualified. Any appointed Officer of a Board or Commission may be removed from the office by the Town Council for due cause following a public hearing.

§ C14-3 Open meetings.

[Amended 11/4/2014]
All meetings of the Council, the School Committee, and every other Board, Committee and Commission created by this Charter or which may be hereafter created by the Council, except when in Executive or closed session sanctioned by Law, shall at all times be open and accessible to the public.

§ C14-4 Public records.

All records and accounts of the Council and of every Board, Commission, Office and Agency of the Town shall be open to public inspection at all reasonable times during business hours, except:
1. 
The records of the Police Department and Town Solicitor, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish;
2. 
Records of the Department of Public Welfare pertaining to the history of individual cases;
3. 
Records in the Office of the Town Clerk pertaining to adoptions and the parentage of adopted children;
4. 
Records of the School Committee pertaining to grades and matters of discipline of individual pupils;
5. 
All other records required by law to be treated as confidential. Any person inspecting public records as above provided shall be permitted to make written copies or abstracts of any of such records. It shall be the duty of any officer or employee of the Town having custody or control of any records or accounts open to public inspection as above provided, to furnish, as expeditiously as possible, to any person requesting the same, a certified copy of any such record or account, or any portion thereof, upon the payment of a reasonable charge for the preparation of the copy.

§ C14-5 Minority membership.

The members of any Board, Commission, or Agency appointed by the Council shall not be composed entirely of members of the same political party.

§ C14-6 Compensation of officers and employees.

[Amended 11/4/2014]
The budget adopted at the Financial Town Referendum shall set the compensation of elected officials of the Town. The Council may provide that certain appointees shall serve without compensation but shall be reimbursed for necessary expenses actually made by them. Any officer or employee who performs the duties of an officer other than his/her own, shall not be entitled to any additional compensation unless the Council shall so provide by Resolution or Ordinance.

§ C14-7 Disclosure of financial interest.

Any officer or employee of the Town who has a financial interest, direct or indirect, or by reason of the ownership of stock in any corporation, in any contract with the Town or in the sale of land, material, supplies, or services to the Town, or to a contractor supplying the Town, shall make known that interest, and shall refrain from voting upon or otherwise participating in the capacity as a Town officer or employee in the making of such sale or in the making of such contract. Any officer or employee of the Town who willfully conceals such a financial interest, or willfully violates the provisions of this section shall forfeit his or her office or position. Violation of this section with the knowledge of the person or corporation contracting with or making a sale to the Town shall render the contract or sale voidable by the Council.

§ C14-8 Prohibitions.

1. 
No person shall be appointed to or removed from or in any way favored or discriminated against, with respect to any Town position or appointive Town office, because of race, color, age, handicap, gender, political or religious affiliations or opinions.
2. 
No officer or employee of the Town shall collect any fees or perquisites for personal use, but such fees or perquisites, collectible under law, shall be paid into the treasury of the Town.
3. 
No officer or employee of the Town shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act or omission in the course of public work.
4. 
No officer or employee of the Town shall use, or permit to be used, Town property for private purposes; and no officer or employee of the Town shall use public facilities for the purpose of conducting private business.

§ C14-9 Non-interference by Council.

The Council or its members shall deal with Town officers and employees solely through the procedures and rules adopted as a result of the Personnel Policy ordered to be established in this Charter. No Council member shall give orders to any such officer or employee, either publicly or privately, as a matter of individual action.

§ C14-10 Separability.

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter, or any of its provisions, to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

§ C14-11 Amending of the Charter.

[Amended 11-2-2004]
This Charter may be amended or a new Charter adopted by the electors of the Town in the manner provided by the Constitution of the State. The Council shall every fifth year after the adoption of the charter, or more often if it is deemed necessary, appoint a Study Committee of nine members, who shall at the time of their appointment and during the term of service be qualified electors of the Town, to review this Charter. Said Committee shall within six months of its appointment submit to the Council a report with its recommendations for amendment(s), addition(s), or deletion(s).

§ C14-12 Town employees.

Whereas it is important and necessary to preserve the integrity of the government of the Town of Glocester by ensuring that Town employees be at all times beyond suspicion of any violation of the public trust:
1. 
Any employee of the Town of Glocester who is indicted for any crime involving public funds, public property or moral turpitude may be immediately suspended without pay and benefits until such time as the employee is found not guilty or the charges are dismissed.
2. 
Any employee of the Town of Glocester who is charged by way of criminal information or by a warrant and summons for any crime involving public funds, public property or moral turpitude may be immediately suspended until such time as the employee shall be found not guilty or the charges are dismissed.

§ C14-13 Personnel system and policies.

The Council shall within one year of the adoption of this Charter develop and create by Ordinance a Personnel System and Policies for the Town of Glocester.

§ C14-14 Vacancies.

Unless otherwise provided for in this Charter, an office shall become vacant upon the incumbent's death, resignation and acceptance thereof, removal from office in any manner authorized by law or forfeiture of office. An incumbent office holder shall forfeit the office of the office holder:
1. 
Lacks at any time during the term of office any qualifications for the office prescribed by this Charter or by law.
2. 
Violates any express provision of this Charter.
3. 
Is convicted of a felony or a crime of moral turpitude and exhausts all appeals from said conviction.

§ C14-15 Initiative and referendum.

[Amended 7-1997; 11-4-2008]
In order to preserve direct participation in government to the voters of Glocester, there are hereby established procedures whereby they may initiate legislative proposals for consideration by the Town Council and the voters. Procedures are also established whereby voters can petition the Town Council to reconsider ordinances it has passed.
1. 
General Authority.
a. 
Initiative. The qualified electors of the Town shall have the power to propose ordinances to the Town Council and, if the Town Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Town election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of Town officers or employees.
b. 
Referendum. The qualified electors of the Town shall have power to require reconsideration by the Town Council of any adopted ordinance and, if the Town Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Town election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
2. 
Commencement of proceedings - Petitions Committee; affidavit. Any five qualified electors may commence initiative or referendum proceedings by filing with the Town Clerk an affidavit stating they will constitute the Petitioners' Committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and specifying the address to which all notices to the Committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the Petitioners' Committee is filed, the Town Clerk shall issue the appropriate petition blanks to the Petitioners' Committee.
3. 
Petitions.
a. 
Number of signatures. Initiative and petitions must be signed by qualified electors of the Town equal in number to at least 10% of the total number of qualified electors registered to vote at the last regular Town election.
b. 
Forms and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
c. 
Affidavit of circulator. Each paper shall have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
4. 
Procedure after Filing.
a. 
Certificate of Town Clerk; amendment. Within 20 days after the petition is filed, the Town Clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the Petitioners' Committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the Petitioners' Committee files a notice of intention to amend it with the Town Clerk within five days after receiving the copy of the certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsections b and c of 3 and within five days after it is filed, the Town Clerk shall complete and certify as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the Petitioners' Committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend or request Town Council review under Subsection b of this subsection within the time required, the Town Clerk shall promptly present the certificate to the Town Council and the certificate shall then be a final determination as to the sufficiency of the petition.
b. 
Town Council review. If a petition has been certified insufficient and the Petitioner's Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient the Committee may, within five days after receiving the copy of such certificate, file a request that it be reviewed by the Town Council. The Town Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Town Council's determination shall be a final determination as to the sufficiency of the petition.
c. 
Court review: new petition. A final determination as to the sufficiency of the petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
5. 
Action on petitions.
a. 
When an initiative or referendum petition has been finally determined sufficient, the Town Council shall promptly consider the proposed initiative ordinance in the manner provided for ordinance adoption or reconsider the referred ordinance by voting its repeal. If the Town Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposal or referred ordinance to the voters of the Town.
b. 
Submission to voters. The vote of the Town on a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of a final Town Council vote thereon. If no regular Town election is to be held within the period prescribed in this subsection, the Town Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Town Council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls and Town Hall.
c. 
Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the Town by filing with the Town Clerk a request for withdrawal signed by at least four members of the Petitioners' Committee. Upon the filing of such request the petition shall have no further effect and all proceedings thereon shall be terminated.
6. 
Results of election.
a. 
Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Town Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
b. 
Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

§ C14-16 Recall.

[Added 11-4-2008]
An elected official holding a Town office, having been in office for at least six months, may be removed from office by a recall petition prepared and approved by the voters of the Town in the manner hereinafter provided for recall procedure.
1. 
Upon application of five qualified voters, the Town Clerk shall issue the recall petition blanks, which shall be dated, which shall demand the removal of the designated elected official, and shall state the cause upon which the removal is sought. The petition is to be filed with the Town Clerk within 60 days after issuance to be in order for the certification process.
2. 
The signatures to a recall petition need not all be appended to one paper but each signer shall add his/her signature as it appears on the Board of Canvassers and Registration's records, his/her place of residence giving the street and number or other sufficient designation if there be no street and number. One of the signers shall take an oath before an officer competent to administer oaths that the statement therein made is true, as he/she believes, and each signature to the paper appended is the genuine signature of the person whose name it purports to be. The recall petition shall be signed by a least 10% of the registered voters of the Town.
3. 
The petition is to be submitted by the Town Clerk to the Board of Canvassers and Registration for certification forthwith. If the petition shall be found and certified by the Board of Canvassers and Registration to be sufficient within 10 days, the Board shall submit the same with its certificate to the Town Council without delay, and the Town Council shall order an election to be held on a Tuesday fixed by them not more than 60 days after the date of the Board of Canvassers and Registration's certificate that a sufficient petition is filed; provided, however, that if any other Town election is to occur within 90 days after the date of the certificate, the Town Council shall postpone the holding of the recall election to the date of such other election.
4. 
If a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon certification of the election results.