[Amended 11-2-2004; 11-6-2018]
Within three (3) months from the adoption of this Amendment, as revised in November 2018, the Town Council shall appoint five (5) residents as Commissioners of Cemeteries and Burial Grounds in the Town of Barrington to serve in staggered three (3) year terms. The Commissioners of Cemeteries and Burial Grounds shall have full control and management of all cemeteries and burial grounds, belonging to the Town or in which the Town has any interest. They shall have the right to sell and dispose of burial lots belonging to the Town and any interest of the Town in any burial lots in the cemeteries and burial grounds for such price, and under such terms, restrictions, rules and regulations, as they shall adopt. They shall have the right to select all employees in their opinion necessary for the proper care and maintenance of the cemeteries and burial grounds, and power to fix salaries of the employees. The Commissioners shall have the disposition of all appropriations made by the Town for the support maintenance of cemeteries and burial grounds. All moneys received by the Commissioners from the sale of lots or otherwise, shall be paid to the Finance Director of the Town of Barrington, who shall hold the same in a special fund and shall pay and distribute the same only on the written order of the Commissioners, and the Finance Director of the Town shall invest the moneys so received in such manner as the Commissioners shall direct. The Commissioners shall each year make a report to the Council, setting forth in full their acts an itemized statement of all moneys received and paid out, and for what purposes. The Commissioners shall also have charge of all lands within the Town of Barrington which shall be conveyed to the Town in trust for burial purposes, and shall have the management of all funds which shall be paid over to the Town for the purpose of ornamenting, keeping in repair, or improving burial lots shall execute all trusts in relation to cemeteries and burial lots in accordance with the terms contained in the instruments creating the same; the funds, however, to be in the custody of the Finance director of the Town, who shall invest the same as directed in writing by the Commissioners. The Commissioners shall direct investment of the funds in accordance with a written investment policy adopted by the Commissioners in consultation with the Finance Director and approved by resolution of the Council. In like manner, the investment policy may be amended from time to time. The Commissioners shall perform all acts in relation to cemeteries and burial grounds belonging to the Town of Barrington which previously were performed by the Council of the Town. Any vacancy occurring by the death or resignation of any commissioner shall be filled by the Council.
The operation, care, maintenance and expenses of the free public library of the Town shall continue[1] to be maintained under Chapter 29-4-4 through 29-4-8 of the General Laws of 1956, as amended from time to time, together with Chapter 1165 of the Public Laws of 1942.
[1]
Editor's Note: Spelling of "contiue" corrected.
The Council may provide for the printing, publication and distribution of the Charter and may, at their discretion, require that a reasonable charge be made for copies thereof.
[Amended 11-4-2014]
All records and accounts of every department and agency of the Town shall be deemed to be public records in accordance with the Rhode Island Access to Public Records, R.I.G.L. § 38-2-1 et seq., as amended from time to time, and shall be open to inspection by any citizen of the State without giving any reason therefor at all reasonable times and under reasonable regulations provided, however, that the foregoing provision shall not apply to the following as long as these exemptions are consistent with the Rhode Island Access to Public Records Act:
a. 
All records specifically exempt from disclosure by law of the State of Rhode Island;
b. 
All memoranda, or documents, or letters which would not be available at law to a party other than a party in litigation with the Town;
c. 
All personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
d. 
All investigatory files compiled for law enforcement purposes.
The Town Manager with the approval of the Town Council and the Superintendent of Schools with the approval of the School Committee shall establish rules and regulations for the purpose of implementing this provision.
There shall be a Town Sergeant who shall be appointed by the Town Manager. The Town Sergeant shall have all the powers, privileges and immunities of office, and shall perform all the duties as prescribed by the General Laws and applicable Special Laws and Ordinances.
No member of the Council and no member of the School Committee, nor the Town Manager, nor any officer or employee of the Town of Barrington shall (a) make a contract with the Town of Barrington (with the exception of the contract of employment), or (b) receive any commission, discount, bonus, gift, contribution, or award from, or any share in, the profits of any person making or performing such contract unless:
a. 
If the person concerned be a member of the Council or the Town Manager, that person shall immediately, upon learning of the existence of such contract or that such contract is proposed, notify the Council in writing of the nature of interest in such contract;
b. 
If such person shall be a member of the School Committee or an officer or employee of the school department, that person shall immediately, upon learning of the existence of such contract or that such contract is proposed notify the School Committee in writing of the nature of interest in such contract; and
c. 
In case any such person shall be some other officer or employee of the Town of Barrington, that person shall immediately upon learning of the existence of such contract or that such contract is proposed, notify the Town Manager in writing of the nature of interest in such contract.
[Amended 11-2-2004]
And unless in the case of every such person hereinbefore named, that person shall also abstain from doing any official act on behalf of the Town or of the other contracting party with reference thereto; provided, however, that when a contractor with the Town is a corporation or a voluntary stock association, the ownership of less than ten (10%) percent of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of this section and such ownership shall not affect the validity of the contract unless the owner of such stock or shares is also an officer or agent of the corporation or association, or solicits or takes part in making the contract.
The fee for all bonds required under the terms of this Charter shall be paid by the Treasurer out of the general fund of the Town.
The Council may require the bonding of any official of the Town not specifically required to furnish bonds under the terms of this Charter.
[Amended 11-2-2004]
All fees, tuitions, penalties, payments not otherwise referred to in this Charter and received by any officer or employee in connection with the duties as a town officer or employee, shall belong to the Town and shall be paid to the Town Treasurer at such intervals as the Town Manager may require in relation to all departments of Town government, and as the School Superintendent may require in relation to the school department.
[Amended 11-21-1994; 11-2-2004]
The award of municipal contracts by the Town and the School Department shall be performed in full compliance with all provisions of the R.I. Gen. Laws section 45-55-1 et seq., as amended from time to time, provided, however:
a. 
The Town Manager and the Superintendent of Schools, or their designees, shall act as purchasing officers for the Towns and the School Department, respectively.
b. 
The Town and the School Department shall adopt small purchase regulations governing procedures for procurements not exceeding the amounts set forth in R.I. Gen. Laws section 45-55-9 governing "small purchases," as amended from time to time.
a. 
General Authority.
[Amended 11-2-2004; 11-4-2014]
i. 
Initiative. The registered voters of the Town shall have the power to propose ordinances to the Council and, if the 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.
ii. 
Referendum. The registered voters of the Town shall have power to require reconsideration by the Council of any adopted ordinance and, if the 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.
b. 
Commencement of Proceedings - Petitions Committee; Affidavit. Any five (5) registered voters 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 Clerk shall issue the appropriate petition blanks to the petitioners' committee.
[Amended 11-2-2004; 11-4-2014]
c. 
Petitions
i. 
Number of Signatures. Initiative and petitions must be signed by registered voters of the Town equal in number to at least 20 percent of the total number of registered voters registered to vote at the last regular Town election.
[Amended 11-2-2004; 11-4-2014]
ii. 
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.
iii. 
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.
iv. 
Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after adoption by the Council of the ordinance sought to be reconsidered.
d. 
Procedure after Filing.
i. 
Certificate of Clerk; Amendment. Within twenty (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 Clerk within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (ii) and (iii) of Section 16-2-10(c) and within five (5) days after it is filed, the 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 Council review under paragraph (ii) of this sub-section within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
ii. 
Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall be a final determination as to the sufficiency of the petition.
iii. 
Court Review: New Petition. A final determination as to the sufficiency of a 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.
e. 
Action on Petitions.
i. 
When an initiative or referendum petition has been finally determined sufficient, the 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 Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (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.
ii. 
Submission to Voters. The vote of the Town on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of a final Council vote thereon. If no regular Town election is to be held within the period prescribed in this sub-section, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the 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 the Town Hall.
iii. 
Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth 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 (4) 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.
f. 
Results of Election.
[Amended 11-4-2014]
i. 
Initiative. If a majority of the registered voters 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 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.
ii. 
Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
[Amended 11-21-1994; 11-2-2004]
Whenever the context so requires, reference herein to the masculine gender shall include the female gender and the singular number shall include the plural.
[Added 11-5-2024]
The department of Human Resources shall consist of a non-classified department head (Human Resources Director) who shall be appointed by the Town Manager. This department head shall be subject to the same terms, conditions and benefits as other non-classified appointed department heads and shall serve at the pleasure of the Town Manager. The Human Resources Director shall not be the beneficiary of or subject to the provisions of any collective bargaining agreements. This department shall also employ other non-classified staff, full or part time, as may be authorized by the Town Manager and approved in the Town’s budget. The department of Human Resources, under the supervision of the Human Resources Director, shall charged with handling all employment related matters of the Town, including, without limitation, collective bargaining negotiations, grievances, employee disputes, benefits administration, employee relations, employee policy development and implementation, and such similar matters as may be ancillary and consistent herewith or may be assigned by the Town Manager.