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.
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.
[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.
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.
The members of any Board, Commission, or Agency appointed by
the Council shall not be composed entirely of members of the same
political party.
[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.
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.
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, sexual orientation, gender
identity, marital status, national origin and disability.
[Amended 12-17-2020 by Res. No. 2020-07]
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.
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.
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.
[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).
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.
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.
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:
[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.
[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.
