(a)
Manager. The term "Town Manager" as used in the
Charter shall refer to the Town Manager of the Town of Coventry.
(b)
Town Council. The term of "Town Council" when used
in this Charter shall refer to the Town Council of the Town of Coventry.
(c)
Elector. The term "elector" as used in this Charter
shall refer to any person having the qualifications required by law
to vote in elective meetings in the Town of Coventry.
(d)
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 is [are] elected candidates
to fill the offices of senators and representatives in the R.I. General
Assembly, the constitutional officers of the state, member of the
U.S. Congress, and such other offices as may be provided by law.
(e)
Inhabitant. The term "inhabitant" as used in this
Charter, shall refer to any person who lives within the boundaries
of the Town of Coventry.
(f)
No other public office. Whenever in this Charter
it shall be provided that the named elected or appointed official
"shall hold no other public office or employment in the service of
the Town of Coventry, or of the state or federal government," 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 fireman; volunteer
policeman; civil defense worker; member of a committee or group formed
by any religious, charitable or educational organization to work in
connection with any agency of the town; member of any board, commission,
or agency formed 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.
(g)
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 Coventry, the notice or matter to be brought to the attention of
the inhabitants of the town.
(h)
Special election. The term "special election" shall
mean any election held by virtue of an act of the R.I. General Assembly
or by action of the Town Council of Coventry, in accordance with law.
[Amended 11-2-1999]
All municipal department heads, the Chief of Police and the
Town Manager shall reside in the Town of Coventry; provided, however,
the Town Council may, by resolution, specifically exempt a particular
person from the provisions hereof if the Town Council shall declare
that it is impossible to find a resident of the town to meet the requirements
of the position to be filled.
[Amended 11-2-2010]
The term of office of all offices, members of boards, commissions
or committees appointed with the approval of the Town Council, or
appointed or elected by the Town Council, shall be concurrent with
the term of the Town Council, unless otherwise provided in this Charter.
Prior to the effectiveness of any appointment or re-appointment
(including appointments resulting from any vacancy), each designee
to any board, commission or committee shall: (i) be sworn into office
at a meeting of the Town Council and (ii) comply with any other pre-appointment,
or pre-re-appointment, policies or procedures of general applicability
imposed by the town council as a condition of appointment or reappointment,
if any.
Every elected or appointed officer of the town who is elected
or appointed for a specific term shall continue to hold such office
until the officer's successor is elected and qualified.
During each term of the Town Council, no person shall be appointed
or reappointed by the Town Council to any board, commission or committee
(whether established by ordinance, resolution or otherwise) between
the following dates: (i) the date of a general election in the Town
of Coventry and (ii) the date of the commencement of the term of the
next subsequent Town Council in the Town of Coventry. The foregoing
regulation shall also apply to appointments resulting from vacancies
on any board, commission or committee. The Town Council may make a
temporary appointment to a board or commission if it is needed to
make a quorum. Any such appointment even if a temporary appointment
shall end upon a new appointment being made by the new Town Council.
All meetings of the Town Council, the School Committee, the
Board of Assessment Review, the Zoning Board of Review, the Planning
Commission and every other board, committee and commission created
by this Charter or which may be hereafter created by the Town Council,
except when in executive or closed session, shall at all times be
open and accessible to the public. No final action shall be taken
on any matter by the Town Council, the School Committee or by any
board, committee or commission meeting in executive session, but shall
be voted upon in open meeting.
All records and accounts of the Town Council, the Town Manager
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 (a) the records of the Police Department and the Town
Solicitor, the disclosure of which would tend to defeat the lawful
purpose which they are intended to accomplish; (b) records of the
Department of Public Welfare pertaining to the history of individual
cases; (c) records in the office of the Town Clerk pertaining to adoptions
and the parentage of adopted children; (d) records of the School Committee
pertaining to grades and matters of discipline of individual pupils;
and (e) 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.
[Amended 11-4-1980; 11-2-1999]
The Town Council, upon recommendation of the chairman of a board
or commission, may remove a member of said board or commission if
such member (1) fails to meet the qualifications of the office as
prescribed by law; or (2) pleads guilty, nolo contendere, or is convicted
of a felony or a crime involving the theft of public funds or public
property; or (3) fails to attend a majority of the regularly scheduled
meetings of the board or commission within one (1) calendar year period
without having been excused by the board or commission.
All fees received by any officer or employee of the town shall
belong to the town and shall be paid to the Town Treasurer at such
intervals as the Town Council may require, except as is otherwise
provided in this Charter.
Subject to the limitations contained in Section 3.10 and Section 5.04, the Town Council shall have the power and duty to fix the compensation of all elected or appointed officials and employees of the town.
The Town Council may provide that certain appointees shall serve
without compensation but shall be reimbursed for necessary expenses
actually made by it.
The Town Manager, or any other officer or employee who performs
the duties of an office other than his/her own, shall not be entitled
to any additional compensation unless the Town Council shall so provide
by resolution or ordinance.
Any officer or employee of the town who has a substantial 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 a 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 substantial financial interest or willfully violates the provisions
of this section shall forfeit the 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 Town Council.
[Amended 11-2-1976]
(a)
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 administrative office, because of race, color, sex, political
or religious affiliations, or opinions.
(b)
No officer or employee of the town shall collect any fees or perquisites
for his/her own use, but such fees or perquisites, collectible under
law, shall be paid into the treasury of the town, except fees of auctioneers,
constables, and such other officers or employees as may be authorized
by ordinance.
(c)
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.
(d)
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.
Except for the purpose of inquiries and investigations under Section 3.14(n) the Town Council or its members shall deal with town officers and employees who are subject to the direction and supervision of the Town Manager, solely through the Town Manager, and neither the Town Council or its members shall give orders to any such officer or employee, either publicly or privately.
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 circumstances,
is held invalid, the application of the Charter and its provisions
to other persons or circumstances shall not be affected thereby.
(a)
Amendment
of Charter.
The Town Council shall within two (2) years after-adoption of
this Charter and every fifth year thereafter or more often, if it
is deemed necessary, appoint a committee of nine (9) members to review
this Charter. Appointments shall be a six (6) month term with the
term beginning the day the Town Council appoints said committee members
by Resolution beginning with the general election to be held in November
2022. There shall be no limit to the number of times an individual
may serve on the committee provided no more than two (2) terms are
served consecutively. No member of said committee shall be an elected
or appointed official of the Town, nor hold a managerial position
in any department, office, or agency of the Town. No more than two
(2) seats on the committee may be occupied by Town of Coventry employees.
Said committee shall, within six (6) months of its appointment, submit
to the Town Council a report with its recommendations for amendments,
additions, or deletions. Each recommendation of the committee, upon
approval of a majority vote of the Town Council, shall be placed upon
the ballot.
This Charter may be amended at any time, or a new Charter adopted
in the manner provided by the Constitution. Should two (2) or more
amendments adopted at the same election have conflicting provisions,
the amendment receiving the largest affirmative vote shall prevail.
The sections of any amendments, in addition to this Charter, shall
be numbered by the Town Clerk and inserted in their appropriate places
or added to the Charter.
It shall not be necessary for the full text of a Charter, or
of amendments to a Charter, to be printed upon the ballot; any digest
or description thereof, or any question, or statement, which substantially
expresses the purposes or identifies the subject matter to be voted
upon, shall be sufficient. The Town Council shall approve the statement
of the question as it shall appear upon the ballot.
(b)
Comprehensive
Charter Review Commission.
The Town Council, commencing in 2023, and no later than every
twenty-five (25) years thereafter, shall appoint a Special Comprehensive
Charter Review Commission upon passage of a ballot question creating
said Commission by the electors of the Town of Coventry.
The purpose of a Special Comprehensive Charter Review Commission
is to ensure that the Town Charter is aligned with national and local
best practices, and consistent with existing State and Town laws and/or
ordinances, and to reduce potential Town liability exposure.
In addition, special consideration will be given to simplifying
and streamlining the Charter for efficient government within the Town
of Coventry and to reduce potential Town liability exposure.
The Town Council shall appoint nine (9) members to a Special Comprehensive Charter Review Commission to extensively review the Charter. Appointments under Section 15.20(b) shall be for a period of no less than one (1) year, with the term beginning the day the Town Council appoints said Commission members by Resolution. No member of said committee shall be an elected or appointed official of the Town nor hold a managerial position in any department, office, or agency of the Town. In addition, an advisory member shall be appointed from the School Committee to assist the appointed Charter Commission. The Special Comprehensive Charter Commission shall make periodic updates to the Town Council regarding progress of the Commission.
Throughout the Comprehensive Review, elector input shall be
sought using public comment at meetings, workshops, and town wide
polling, as well as any other methods that may provide information
and data to the Special Comprehensive Charter Review Commission members.
The Special Comprehensive Charter Review Commission shall provide
a final report to the Town Council no longer than two (2) years after
appointment but no sooner than twelve (12) months after appointment.
Any extension regarding the final reporting requirement may be considered
and approved by the Town Council. Following the presentation to the
Town Council, at least one public hearing shall be held to present
the proposed revisions to the town electorate and copies made available
prior to the next regular town election.
The adoption of the revised charter shall be in the form of
a simple approve/disapprove question.
The Special Comprehensive Charter Review Commission shall have
an appointed legal counsel to assess any legalities and drafting concerns
with which members may need assistance.
The sections of any amendments, in addition to this Charter,
shall be numbered by the Town Clerk and inserted in their appropriate
places or added to the Charter.
It shall not be necessary for the full text of the Charter,
or of amendments to the Charter, to be printed upon the ballot; any
digest or description thereof, or any question, or statement, which
substantially expresses the purposes or identifies the subject matter
to be voted upon, shall be sufficient, provided that any proposed
charter change must be drafted and approved prior to placement on
the ballot by the town council and available for review and inspection
at town hall and at each polling place.
[1]
Editor's Note: This charter amendment was approved by a majority
of the qualified voters at an election held 11-3-2020.
[Amended 11-7-1978; 11-2-1999]
Any employee of the town who shall have been indicted or otherwise
charged with a felony may, at the discretion of the Town Manager,
be suspended from office with pay pending trial. Any employee of the
town who shall have been convicted of a felony or entered a plea of
guilty, nolo contendere, or a so-called Alford plea to a felony, shall
be automatically suspended without pay pending the outcome of any
appeal from said conviction, plea or sentence. Any such employee whose
conviction, guilty plea, nolo contendere plea, or Alford plea shall
be upheld following the exhaustion of all appeals shall be deemed
to have vacated his or her office.
