Town of Charlestown, RI Financial Referendum

The electors of the town qualified to vote upon a proposition to impose a tax or expenditure of money shall assemble each year at the Budget Public Hearing to be held no later than May 10 to receive and discuss the proposed budget and warrant item(s) from the Town Council in advance of the Financial Referendum by the electors qualified to vote upon a proposition to impose a tax or for the expenditure of money. The Financial Referendum shall be held on the first Monday in June from 8 a.m. to 8 p.m.

Those electors who wish to add or eliminate a municipal budget item have until ten (10) calendar days prior to the Budget Public Hearing to present their proposed warrant items for those actions signed by 200 of the town's voters qualified to vote upon a proposition to impose a tax or for the expenditure of money. The Town Clerk shall accept all petitions and submit the petitions to the Town Solicitor to review for consistency with the Town Charter and state law. Those petitions found to be inconsistent shall not be acted upon at the Budget Public Hearing/Financial Referendum. Any voter-initiated referendum to authorize bonded indebtedness on the Town may only be presented to the voters at a regularly scheduled general election.

[Amended 11-2-2010; 11-8-2016]

The Town Clerk has until five (5) calendar days before the Budget Public Hearing to certify that sufficient valid signatures have been presented to qualify those warrant item(s) proposed by electors to be considered at the Budget Public Hearing.

[Amended 11-2-2010]

The electors who offer these warrant initiatives shall be given time to explain their proposals at the Budget Public Hearing.

If there is a conflict between warrant items, the moderator of the Budget Public Hearing shall call for votes to determine which of the conflicting petitions for warrant items shall appear on the Financial Referendum ballot.

The Town Treasurer shall, as part of all presentations in this process, provide an estimate of the tax rate implication of the municipal-Town budget, the school budget and each warrant item.

[Amended 11-2-2010]

The Town Council shall adopt the budget and all warrant items for the Financial Referendum no later than the second Monday in May.

§ C-87 Notice.

[Amended 11-5-2002]

Budget Public Hearing.

[Amended 11-7-2006; 11-4-2008]

The Town Clerk shall cause electors of the Town to be notified of every Budget Public Hearing in accordance with the terms of the Charter and with the laws of the State.

At least five (5) calendar days prior to the Budget Public Hearing, the Town Clerk shall publish in a local newspaper having a general circulation in the Town of Charlestown the municipal and school budgets and all proposed warrant item(s).

The Town Clerk has the authority to make provisions for a site of adequate capacity to be available for the Budget Public Hearing.

Financial Referendum.

The Town Clerk shall cause electors of the Town to be notified of every Financial Referendum in accordance with the terms of this Charter and with the laws of the state.

At least seven (7) calendar days prior to the Financial Referendum, the Town Clerk shall advertise the Warrant in a local newspaper having a general circulation in the Town of Charlestown and post the warrant questions to be voted on at the Town Hall.

[Amended 11-2-2010]

The Board of Canvassers shall determine the location of polling places.

§ C-88 Subjects requiring special notice.

[Amended 11-5-2002; 11-4-2008]

No vote shall be taken in the Financial Town Referendum to levy a tax or to dispose of real property or to purchase real property, pursuant to § C-13, unless notice has been given in the notice issued for calling the meeting.

§ C-89 Special meetings.

[Amended 11-5-2002; 11-7-2006]

Special Budget Public Hearings/Financial Referendums shall be called by the Town Clerk upon the resolution of the Town Council or whenever four hundred (400) of the electors of the Town qualified to vote on a proposition to impose a tax or for the expenditure of money shall make a request in writing and direct it to the Town Clerk.

§ C-90 Limitation on calling special meetings.

[Amended 11-5-2002; 11-7-2006]

No special Budget Public Hearing/Financial Referendum shall be called without the consent of the Town Council if any subject proposed to be considered has been acted upon by a Budget Public Hearing within the previous six (6) months.

§ C-91 Petitions for and notice of propositions.

[Amended 11-5-1996; 11-5-2002; 11-7-2006; 11-4-2008; 11-2-2010]

No proposition for the expenditure of money, other than the budget presented by the Town Council, nor any other proposal to add or eliminate a municipal budget item(s) in the budget shall be acted upon at the Budget Public Hearing/Financial Referendum unless it shall have been presented by a petition signed by at least two hundred (200) of the electors qualified to vote in the Budget Public Hearing/Financial Referendum and filed with the Town Clerk no later than ten (10) calendar days prior to the Budget Public Hearing. The call of the Budget Public Hearing shall include notice of the propositions and the recommendations of the Council.

For special Budget Public Hearings/Financial Referendums, petitions for the expenditures by electors to appear as warrant item(s) on the ballot must be filed with the Town Clerk no later than twenty (20) calendar days before the Budget Public Hearing phase of the Budget Public Hearing/Financial Referendum process.

§ C-92 Powers.

[Amended 11-5-2002; 11-7-2006]

The electors in the Budget Public Hearing/Financial Referendum process shall have and exercise all powers granted Financial Town Meetings by the laws of the State.

§ C-93 Moderator.

[Amended 11-5-1996; 11-5-2002; 11-7-2006]

The Moderator shall preside at all regular and special Budget Public Hearings and shall have the authority to regulate and manage the business of each meeting and to maintain peace and order. The Moderator shall arrange the order of business and provide for all electors who wish to speak an opportunity to recommend to the Council changes to the municipal and/or school budget or warrant item(s).

[Amended 11-4-2008; 11-2-2010]

The Moderator also shall have the authority to call for votes to determine which conflicting written warrant petitions appear on the Financial Referendum ballot.

§ C-94 Quorum.

[Amended 11-5-1996; 11-5-2002; 11-7-2006; 11-4-2008]

Fifty (50) electors shall be necessary to constitute a quorum at the Budget Public Hearing if a vote is required. If there are no votes required, then ten (10) electors shall constitute a quorum.

§ C-95 Voting.

The Moderator, on a motion duly made and seconded relative to any business regularly before the meeting and having heard all qualified electors desirous of being heard, shall cause the votes of the qualified electors present to be taken.

§ C-96 Ballot voting.

[Amended 11-5-2002; 11-7-2006; 11-4-2008]

At the Budget Public Hearing, the voting on conflicting warrant items shall be taken by ballot upon the request of twenty (20) percent of the qualified electors.

§ C-97 Certified record of proceedings is evidence of actions.

[Amended 11-5-2002; 11-7-2006; 11-4-2008]

A copy of the record of proceedings and of the ballots cast at any Budget Public Hearing/Financial Referendum duly certified by the Town Clerk shall be evidence of any act of the electors of the Town.

§ C-98 Recessed meetings.

[Amended 11-5-2002; 11-7-2006; 11-4-2008]

To accommodate extensive debate or the number of persons wishing to be heard, the Moderator may continue any duly called Budget Public Hearing to the next available date.

§ C-99 Rejection of budgets.

[Added 11-5-2002[1]; amended 11-4-2008]

Municipal budget.

If the municipal budget is rejected by the voters in the Financial Referendum, the Council may call for a new referendum and present a revised budget. Until such time as said budget is approved, the previous fiscal year budget will apply on a pro rata basis.

School budget.

If the Chariho Regional School Budget has already been approved by the electors of the Chariho Regional School District, then no additional vote on the Chariho Regional School budget is required.

If there exists a Charlestown School District, and if the Charlestown school budget is rejected by the voters in the Financial Town Referendum, the School Committee may call for a new referendum and present a revised budget.

The School Committee may accept a "maintenance of effort budget" as called for under state law and the Town Treasurer shall use that figure in determining the total tax levy.

[1]

Editor's Note: This legislation also repealed former § C-99, Adjourned meetings, as amended.

§ C-100 Setting the tax levy.

[Added 11-5-2002[1]; 11-7-2006; 11-2-2010]

Within fourteen (14) calendar days of the Budget Public Hearing/Financial Referendum the Council shall, based on the budget and the warrants approved by the electors, set the tax levy for the coming fiscal year. It shall also adopt appropriate financial resolutions, including authorizing the Town to borrow money in anticipation of taxes.

[1]

Editor's Note: This legislation also repealed former § C-100, Notice of adjourned meeting; polling hours.

§ C-101 (Reserved) [1]

[1]

Editor's Note: Former § C-101, Procedure at adjourned meetings, as amended, was repealed 11-5-2002.