[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 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.
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.
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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.
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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.
[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.