[Amended 11-21-1994; 11-4-2014; 11-3-2020]
The Council shall consist of five (5) members elected from the Town at large by the electors of the Town of Barrington as provided at the regular biennial elections held on the first Tuesday after the first Monday in November. The Council member’s term of office will be four (4) years. Elections will be held every two (2) years to elect three (3) candidates and (2) candidates in alternating election cycles.
[Amended 11-4-2014]
Members of the Council shall be qualified electors (hereinafter "registered voters") of the Town of Barrington. No member of the Council shall be eligible to be employed by the Town or to hold any other paid town office during the member's tenure on the Council or for a period of one year thereafter; provided, however, a member of the Council may hold elective town office immediately preceding[1] tenure on the Council.
[1]
Editor's Note: Spelling of "preceeding" corrected.
The Council shall elect one of its members as President of the Council and another member as Vice President. The President shall preside at meetings of the Council and shall be recognized as head of the Town government for all ceremonial purposes and by the Governor for purposes of military law. The Vice President shall have all the powers and duties of the President during periods of absence or disability of the President. The President and Vice President shall have the same right to speak and vote as any other member.
[Amended 11-2-2004; 11-5-2024]
Members of the Council shall receive such annual compensation as shall from time to time be fixed by the Financial Town Referendum. The President of the Council shall receive such additional annual compensation as shall from time to time be fixed by the Financial Town Referendum.
[Amended 11-4-2014]
The Council shall have power to inquire into the conduct of any officer, department, or agency of the Town, and to investigate relating to town affairs and for such purposes may subpoena witnesses, administer oaths or affirmations, and compel the production of books, records, papers and other evidence.
[Amended 11-2-2004; 11-4-2014; 11-5-2024]
All legislative powers of the Town shall be vested in the Council except such powers as are or may be vested in the Financial Town Referendum by the State Constitution, by this Charter, and by laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The Council may enact and amend ordinances relating to the Town's property, affairs and government not inconsistent with the State Constitution and laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The Council shall have, under this Charter, and may exercise all such additional powers and authority as are consistent with this Charter and have now been granted or may hereafter be granted to it under the Constitution or Laws of the State or by the Financial Town Referendum. The Council, by ordinance, may create, change and abolish offices, departments, or agencies other than those established by this Charter. The Council, by ordinance, may assign additional functions or duties to officers, departments or agencies established by or under this Charter. Without limiting the generality[1] of the foregoing, the Council shall have and exercise the following specific powers, subject to the provisions of this Charter and all applicable provisions of general and special laws:
a. 
To enact, amend or repeal ordinances for the preservation of the public peace, the health, safety, comfort and welfare of the inhabitants of the Town and for the protection of persons and property.
b. 
To provide reasonable penalties for the violation of any ordinance not to exceed imprisonment for thirty (30) days and a fine of Five Hundred ($500.00) Dollars.
c. 
To amend, after notice as prescribed by statute and public hearing, the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 185, Zoning.
d. 
To adopt rules governing the conduct of its meetings and to appoint regular, standing or special committees.
e. 
To appoint the Town Manager for an indefinite term, to conduct annual performance reviews of the Town Manager, and to remove the Town Manager at the discretion of the Council, by vote of a majority of all members of the Council, with a public hearing, as the Council in its discretion shall determine. There shall be no right of appeal from the decision of the Council.
f. 
To take any action necessary to give effect to any vote of the Financial Town Referendum authorizing the issuance of bonds for any purpose and to complete all the details of the bond transaction in accordance with the General or Special Laws of the State.
g. 
To provide by ordinance for a personnel classification system[3] not inconsistent with applicable General or Special Laws or the provisions of this Charter.
[3]
Editor's Note: See Ch. 33, Personnel Policies.
h. 
To have the powers and authority conferred upon it by General Laws and applicable Special Laws concerning the speed, management and control of all vessels on the public waters within the confines of the Town of Barrington, and to regulate the size, type, location and use of all anchorages and moorings, and collection of fees for the same, within the waters or harbors of the Town, provided, nevertheless, that the harbormaster shall be appointed by the Town Manager.[4]
[4]
Editor's Note: See Ch. 148, Public Waters, Use of.
i. 
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.
j. 
In the event that the Town Manager shall at any time be absent or unable to perform the duties of office, for a period in excess of twenty one (21) consecutive calendar days, or in the event that the Town Manager shall resign or be removed from office, or if for any other reason a vacancy shall exist, to designate an officer of the Town, other than a Council member, to serve as Town Manager, with all the powers and duties of the Town Manager, until such absence or disability shall have terminated or until a successor Town Manager shall have assumed the duties of the office.
k. 
To fix the amount of the official bonds of all officers of the Town, who in its opinion should be bonded, the premium on such bonds to be paid by the Town.
l. 
To fix by ordinance, in accordance with a classification plan, the salary of the Town Manager and the compensation of all officers and employees of the Town, except the employees of the school department.[5] The Town Council shall conduct an annual performance review of the Town Manager to be completed no later than March 1.
[5]
Editor's Note: See Ch. 45, Salaries and Compensation.
m. 
To elect such numbers of constables to serve civil process as it shall from time to time determine, and to charge and collect for licenses issued to such constables such fees as the Council shall fix by ordinance.
n. 
To provide rules and regulations with respect to vacations of town officials and employees, except those of the school department.
o. 
To enact all ordinances which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested in the Council by this Charter, the Constitution and laws of the State of Rhode Island in the Town or any department, or officer thereof.
[1]
Editor's Note: Spelling of "generaltiy" corrected.
[Amended 11-4-2014]
Any vacancy in the Council shall be filled for the unexpired term by a vote of the registered voters of the Town. Such vacancy shall be filled at the next regular or special election to be held in the Town or the Council may call a special election for the purpose of filling the vacancy. If a vacancy in the Council shall occur more than nine (9) months prior to the time for the holding of an election, the Council shall, within thirty (30) days after the vacancy occurs, call a special election for the purpose of filling such vacancy.
[Amended 11-6-2018]
The first meeting of a newly elected Council following the Town election shall be presided over by the Town Clerk, or in the absence, the Deputy Town Clerk, until the President is elected. The Council shall determine the time and place of its regular meetings and shall meet regularly. Meetings of the Town Council, except when in executive session, shall be open and accessible to the public.
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 of Sections 2-1-6, subsections a, b, c, g and h of this Charter shall be by ordinance only.
It shall be the duty of the Council to use all reasonable diligence to secure a qualified Town Manager as soon as possible after this Charter shall go into effect, and in like manner thereafter in every case when a vacancy shall occur by reason of resignation, removal or any other cause.
[Amended 11-4-2014]
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 Clerk shall forthwith post one copy of such ordinance in some place accessible to the public in the Town Hall, post it electronically on the Town's website, and shall provide each member of the Council with a copy thereof.
[Amended 11-4-2014]
Every ordinance, other than an emergency ordinance, shall be read a first time by title and explained and discussed by its introducer at the meeting at which it is introduced and then referred to a subsequent regular or special meeting for action. If, in the meantime, a petition signed by twenty registered voters be filed with the Town Clerk requesting a public hearing, one shall be held at the meeting next following its introduction, and no action shall be taken on the ordinance until the conclusion of the hearing.
A public hearing shall be mandatory on any ordinance amending the Zoning Ordinance, granting a franchise or creating or amending a personnel classification system, and no such ordinance shall be passed as an emergency ordinance.
The affirmative vote of a majority of the Council Members present shall be necessary for the passage of any ordinance or the transaction of any business, provided a quorum is present. The vote upon any ordinance shall, upon the request of any two members of the Council, be taken by roll call and entered upon the record of the proceedings.
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, 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 an emergency.