The Council shall consist of five members elected from the Town
at large, each to serve for a term of two years, such term to begin
on the first day of January next following their election. They shall
serve until their successors are elected and qualified.
[Amended 7-1997]
Members of the Council shall not hold any other Town office
or any paid public employment in any position of the Town, except
as otherwise provided by the Charter, with the exception of the School
Department. Nor shall any Council person be employed by the Town in
any position, other than as an elected office holder or in the School
Department, for a period of one year after the completion of his/her
term. If a member of the Council shall cease to possess any of these
qualifications or shall be convicted of a felony or a crime involving
moral turpitude, the office shall immediately become vacant.
[Amended 7-1997; 11/4/2008]
Vacancies. A vacancy shall exist in the Council if a member
dies, submits in the Office of Town Clerk a resignation in writing,
ceases to meet the qualifications for membership, is convicted of
a felony or a crime of moral turpitude, forfeits the office as Town
Council member, or is absent from four consecutive months of Town
Council meetings, unless such absences are excused by a majority vote
of the whole Town Council, with reasons stated at the time and appearing
in the journal of the meetings from which the Town Council member
was excused.
Forfeiture. A Town Council member shall forfeit that office
if that member violates any express prohibition of this Charter, state
or federal law.
Filling of vacancies. Any vacancy in the membership of the Council
shall be filled by the qualified candidate for Council with the next
highest vote total from the last General or Special Election. If the
next highest qualified candidate is unavailable, the next available
candidate shall be chosen until the list is exhausted. In the event
of a tie the Council shall select. If no qualified candidate is available
from the list, the Council shall appoint a qualified elector to fill
the vacancy. The new member shall be sworn into office at a regular
Town Council meeting no later than 30 days following certification
by the Board of Canvassers as to the eligibility of the member designated
to fill the vacancy.
At its organization meeting the Council shall elect one of its
members as Council president and another as vice-president. The president
shall preside at meetings of the Council. Such office shall not deprive
the Council president of a vote on any question.
[Amended 11/4/2014]
The president of the Council and the members shall receive such
annual compensation as included in the budget approved by the electors
at the Financial Town Referendum provided that no change in compensation
shall take effect until after the next biennial election and installation
of Council members.
Three members of the Council shall constitute a quorum, unless
otherwise provided by law, for the transaction of business, but a
smaller number may adjourn from time to time. At least 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.
The Council shall be the judge of the qualifications of its
members and of the grounds for forfeiture of their office and for
that purpose shall have power to subpoena witnesses, administer oaths
and require the production of evidence. A member charged with conduct
constituting grounds for forfeiture of the office shall be entitled
to a public hearing on demand, and notice of such hearing shall be
published by the Council at least one week in advance of the hearing.
Decision's made by the Council under this section shall be subject
to review by the courts.
[Amended 11/4/2014]
The first meeting of the newly elected Council for induction
into office and organization shall be held on the first day of January
following its election or the first business day thereafter. The 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 Council shall be called by the Town Clerk at the request
of the Council president or a majority of the members of the Council.
Notice of a special meeting shall be delivered to each member at the
member's place of residence by the Town Clerk or by the Clerk's designee
at least 48 hours previous to the time of such meeting. The Council
may meet upon shorter notice by an affirmative vote of a majority
of the members of the Council which shall be entered in the record
of proceedings. The purpose of a special meeting shall be stated in
the notice of the meeting and no business shall be transacted at any
special meeting other than that which has been stated in the notice.
All meetings of the Council shall be open to the public, and citizens
shall have a reasonable opportunity to be heard, except that this
provision shall not be deemed to prevent the holding of executive
sessions in accordance with the Open Meetings Act. Nothing contained
herein shall prevent the Council from holding an emergency meeting,
upon an affirmative vote of the majority of its members when said
meeting is deemed necessary where the public welfare so requires.
Nothing contained herein shall be used to circumvent the spirit and
requirements of this Charter.
[Amended 11/4/2014]
The Council shall be the policy-determining body and administrative
body of the Town. All powers of the Town, excepting such as may belong
to the Financial Town Referendum or to other agencies as provided
in the Charter and by law, shall be vested in the Council. Without
limitation of the foregoing grant or of other powers given to it by
this Charter, the Council shall have the power:
1.
To determine its own rules and order of business and keep a journal
of its proceedings which shall be open to public inspection in the
office of the Town Clerk.
2.
To judge the eligibility of its own members subject to review by
the courts on questions of fact and law.
3.
To enact, amend or repeal Rules, Ordinances and Resolutions for the
government of the Town which have to do with the preservation of the
public peace, health, safety, welfare and comfort of the inhabitants
and the protection of persons and property, and other municipal functions.
The Council may provide reasonable penalties in accordance with the
law for the violation of any Ordinances.
4.
To create, change and abolish Departments, Offices and Agencies other
than those established by this Charter and distribute the work among
them, and assign additional functions or duties to Departments, Offices
and Agencies established by or under this Charter, but may not discontinue
or assign to any other Department, Office or Agency, any function
or duty assigned by this Charter to a particular Department, Office
or Agency.
5.
To inquire into the conduct of any Office or Officer, Department
or Agency of the Town under its control.
6.
To fill all vacancies in all Elective or Council Appointive Offices,
Boards and Commissions for the remainder of the respective terms thereof,
except as specifically provided otherwise in this Charter.
7.
To establish the compensation that may be paid appointive officers
and employees, including Board and Commission members of the Town,
and stipulate the amount in each instance, except where specifically
provided otherwise in this Charter.
8.
To provide by Ordinance for a personnel classification system and
personnel classification board in conformity with provisions of this
Charter and applicable general and special laws.
9.
To act as a Board of Personnel Review in receiving, considering and
disposing of appeals from dismissals, suspensions, demotions, transfers
and layoffs of appointive offices and employees of the Town.
10.
To provide rules and regulations with respect to vacations of Town
officials and employees, except those of the School Department and
employment contracts.
11.
To call for a Special Financial Town Referendum.
12.
To propose a budget to be acted upon at the Annual Financial Town
Referendum.
13.
To take any action necessary to give effect to the vote of the Financial
Town Referendum approving a municipal budget for the ensuing fiscal
year. Such to include, but not be limited to the administration of
the expenditure of the budget through its employees or by contract
with private parties.
14.
To take any action necessary to give effect to any vote of a Financial
Town Referendum authorizing the issuance of bonds for any purpose
and to complete all the details of the bond transaction, and to give
effect to any vote of a Financial Town Referendum in accordance with
the general and special laws of the state.
15.
Set quarterly installment dates, for the payment of taxes, with approval
by Town Council Resolution.
16.
Assess the penalty for unpaid taxes in accordance with R.I. General
Law.
17.
To transfer the unexpended balance from the funds of any appropriation
to another, should the need arise and a surplus be available and specifically
identified.
18.
To review any special assessment upon request of a property owner
and order correction or confirmation of same.
20.
To grant, suspend or revoke licenses in accordance with law.
21.
To provide for the audit at any time of the accounts of the Town
or any of its departments and to provide for an annual audit as hereinafter
prescribed.
22.
To enact and amend Ordinances relating to the Town's property, affairs
and government not inconsistent with the State Constitution and laws.
23.
To issue subpoenas to compel witnesses to testify and produce records
as prescribed by law.
24.
To appoint sub-committees of the Council which may investigate and
report on any matters referred to them and make a recommendation thereon,
but no sub-committee shall have any executive or legislative powers
and all matters shall be determined by the Council.
25.
To require a bond in such amount and with such surety as the Council
may specify from all persons entrusted with the collection, custody
or disbursements of any of the Town monies and may require such bond
from such other officials and employees as it may deem advisable and
all as required by law. The premium on such bonds shall be paid by
the Town unless provided otherwise.
1.
Ordinances — The Council may act by Rule, Ordinance or Resolution,
but in addition to the cases in which an Ordinance is required by
any specific provision of this Charter or any applicable law, any
action creating or abolishing any department, office or agency of
the Town government or any action taken under the provisions shall
be by Ordinance only.
2.
Passage of Ordinance.
Introduction — Every proposed Ordinance shall
be filed with the Town Clerk by a member of the Council not later
than four business days previous to the day of the meeting at which
it is to be introduced. The Town Clerk shall forthwith provide each
member of the Council with a copy thereof and shall post one copy
of such Ordinance in some place accessible to the public in the Town
Hall. Every Ordinance, other than an emergency Ordinance, shall be
read the first time by title and explained by its proponent at the
meeting at which it is introduced and then referred to a subsequent
regular or special meeting for action. A Public Hearing shall be mandatory
on all ordinances, enactments and amendments, and no action shall
be taken on the Ordinance until the conclusion of the hearing.
The affirmative vote of three Council members present shall
be necessary for the passage of any Ordinance or amendment of any
Ordinance. The vote upon any Ordinance shall be by roll call and entered
on the record of proceedings. A vote by roll call shall be taken on
any other matter at the request of any two members.
3.
Publication of Ordinance — After passage there shall be published
within 10 days in a newspaper with general circulation in the Town,
a notice describing the Ordinance in brief and general terms and within
the same period the entire Ordinance shall be made available for public
inspection in the office of the Town Clerk.
4.
Effective Date of Ordinance — Every Ordinance, unless it shall
specify another date, shall become effective at the expiration of
20 days after such publication following passage.
5.
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 Council, by an
affirmative vote of three members, may adopt on the day of its introduction,
without previous filing with the Town Clerk, 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 conclusive as to the existence of such
emergency. Such emergency Ordinances(s) shall be temporary and for
the period of the emergency only and may authorize Departments, Offices
and Agencies of the Town Government to act outside and beyond the
usual requirement of Ordinances, Resolutions, Rules and Regulations.
6.
Ordinance Enacting Clause — The enacting clause of all Ordinances
shall be: "The Council of the Town of Glocester, County of Providence,
State of Rhode Island hereby ordains:"
7.
Authentication 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 10 days after final passage, each Ordinance
shall be published at least once in such a manner as the Council may
prescribe by Ordinance.
8.
Inspection of Proposed Ordinances and Resolutions by the Public —
After the introduction of any Ordinance or Resolution in the Council,
the Town Clerk shall keep available a copy of such proposed Ordinance
or Resolution, together with all amendments thereto, which copy shall
be a public record.
9.
Codification — The Council, within one year of the effective
date of this Charter, and at least every 10 years thereafter, shall
cause to be prepared and published a codification of the Ordinances
of the Town.
1.
Appointment. There shall be a Probate Court for the Town, powers
and duties of which shall be exercised and performed by a Judge of
Probate, who shall be appointed by the Council by Resolution to serve
for a term of office concurrent with that of the Council or until
a successor is appointed and qualified. The Judge of Probate shall
be a member in good standing of the Rhode Island Bar with five years'
experience as a practicing attorney.
2.
Vacancies. In the event the Judge of Probate is a party to or interested
in any proceeding before the Probate Court, or is absent or unable
to perform the Judge's duties, or there is a vacancy in such office,
the duties shall temporarily be performed by the Town Solicitor, and
the fact of such interest, absence or vacancy shall be recorded in
the records of said Court.
3.
Compensation. The Probate Judge shall receive such compensation as
shall be set by the Council.
