[Amended 11-3-1992; 11-5-1996; 11-5-2000; 11-4-2008]
The Town Council shall consist of five members who shall be elected by districts of the Town. Councilors will serve for a two-year term from the first Tuesday of January following the election to the Monday before the first Tuesday of January of the next odd-numbered year.
[Amended 11-3-1992; 11-2-2010]
Members of the Town Council shall be qualified electors of the Town of Lincoln and shall hold no other public office or employment in the service of the Town or of the state or federal government except that of notary public, Justice of the Peace, or member of the national guard or air, military or naval reserve. No member of the Town Council shall hold office unless such member is a qualified elector of his or her elective district. If a member of the Town Council shall cease to possess any of these qualifications his or her office shall immediately become vacant.
[Amended 11-5-1996; 11-2-2010]
If a vacancy shall occur in the Town Council before the first date allowable by law for filing of declarations of candidacy for the next regular election, a special election shall be called by the Town Clerk in the manner prescribed by law to fill such vacancy. Any vacancy in membership of the Town Council that shall occur on or after the first day allowable by law for filing of declarations of candidacy for the next regular election may be filled for the unexpired term by the remaining members of the Town Council, provided that the person chosen by the Town Council to fill such vacancy shall be from the same district as the retired incumbent.
[Amended 11-2-2010]
The Town Council shall elect one of its members as President of the Town Council and another of its members as Vice President. The President shall preside at meetings of the Town 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 President shall have the right to speak and vote as any other member. The Vice President shall preside at meetings of the Town Council when the President is absent or when the President recuses himself or herself.
[Amended 11-2-2010]
Members of the Town Council shall receive such annual salaries as shall from time to time be fixed by the Town Council. The President of the Town Council shall receive such additional annual salary as shall from time to time be fixed by the Town Council. No increase in salary shall take effect until after the next biennial election of Town Councilors.
[Amended 11-5-1996; 11-2-2010]
The first meeting of each newly elected Town Council for induction into office shall be held at 7:00 p.m. on the first Tuesday of January in odd-numbered years or as soon thereafter as practical. Thereafter the Town 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 Town Council shall be called by the Town Clerk at the request of the Town Council President or a majority of the members of the Town Council. Notice of a special meeting shall be given to each member at least 48 hours previous to the time of such meeting. The Town Council may meet upon shorter notice by unanimous consent of all its members 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 Town 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, provided that all votes are taken in public.
A majority of the whole number of members of the Town Council shall constitute a quorum 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 to all members who were not present at the meeting from which the adjournment was taken.
All powers of the Town excepting such as may belong to the Town Meeting or to other agencies as provided in this Charter and by law shall be vested in the Town Council. Without limitation of the foregoing the Town Council shall have power to:
(1) 
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) 
Judge the qualifications of its members;
(3) 
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 Town Council may provide reasonable penalties in accordance with the law for the violation of any ordinances;
(4) 
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) 
Inquire into the conduct of any office or officer, department or agency of the Town under its control;
(6) 
Elect and remove all Town officers, members of boards and commissions and fill all vacancies in all elective or appointive offices, boards and commissions for the remainder of the respective terms thereof except as specifically provided otherwise in this Charter;
(7) 
Establish by ordinance the compensation that may be paid to all elective or 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) 
Provide by ordinance for a personnel classification system in conformity with provisions of this Charter and applicable general and special laws;
(9) 
Act as a Board of Personnel Review in receiving, considering and disposing of appeals from dismissals, suspensions, demotions, transfers and layoffs of appointive officers and employees of the Town;
(10) 
Provide rules and regulations with respect to vacations of Town officials and employees, except those of the School Department and the Water Commission;
[Amended 11-2-2010]
(11) 
Fix the amount of the official bonds of all officers of the Town, who in the opinion of the Town Council should be bonded, the premium on such bonds to be paid by the Town;
(12) 
Have special Financial Town Meetings called, but this provision shall not be deemed to preclude the right of electors qualified to vote at a Financial Town Meeting to have Town Meetings called by request in accordance with state law;
(13) 
Propose budget recommendations to the Budget Board;
(14) 
Take any action necessary to give effect to any vote of the Financial Town Meeting 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 the Financial Town Meeting in accordance with the general or special laws of the state;
(15) 
Review any special assessment upon request of property owner and order correction of same;
(16) 
Enact and amend, after notice as prescribed by statute and public hearing, the Zoning Ordinance;
(17) 
Elect such number of constables to serve civil process as it shall from time to time determine, and charge and collect for licenses issued to such constables such fees as the Council shall fix by ordinance but such fees shall be not less than $5 nor more than $25;
(18) 
Grant, suspend or revoke licenses in accordance with law;
(19) 
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;
(20) 
Enact and amend ordinances relating to the Town's property, affairs and government not inconsistent with the State Constitution and laws;
(21) 
Issue subpoenas to compel witnesses to testify and produce records as prescribed by law.
(22) 
Approve the annual budget for wastewater management.
[Added 11-2-2010]
[Amended 7-1-1971; 11-6-1990]
(1) 
Ordinances. The Town 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 § C5-8(3), (8), (16) shall be by ordinance only.
(2) 
Passage of ordinances.
(a) 
Introduction. Every proposed ordinance shall be filed with the Town Clerk by a member of the Town Council, or by the Town Administrator 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.
(b) 
Reading and public hearing. Every ordinance, other than an emergency ordinance, shall be read a first time by title and explained 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 20 qualified electors 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.
(c) 
Vote required for passage. The affirmative vote of a majority of the Councilors 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 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.
[Amended 11-2-2010]
(3) 
Publication of ordinances. After passage, there shall be published within seven days a notice describing the ordinance in brief and general terms and stating that it is 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 calendar 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 ordinance(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 Town Council of the Town of Lincoln hereby ordains:".
[Amended 11-5-1996; 11-2-2010]
The Town Council shall provide for an annual detailed audit of the financial records of the Town for the preceding fiscal year. Such audit shall be conducted either by state auditors or by qualified certified public accountant(s) holding a certificate from the State of Rhode Island, or from any other state with whom the State Board of Accountancy has a reciprocal relationship, and having no personal interest in such books, accounts, and other evidences of financial transactions of the Town. The Town Council by resolution shall arrange for an independent audit of the books, accounts, and other evidences of financial transactions of the Town in accordance with Rhode Island General Laws Chapter 45-10 or as amended from time to time. Audits shall be conducted in conformity with generally accepted auditing standards and government auditing standards, including all procedures necessary for the auditors to express an informed opinion of the financial condition of the Town. A copy of the audit report each year shall be filed with the Town Clerk and shall be a public record. The Town Finance Director shall each year provide an unaudited financial report of the financial records for the preceding fiscal year within six months after the close of the fiscal year. Such report shall include the Town General Fund, Capital Fund(s), and the School Department Unrestricted Fund.
[Amended 11-2-2010]
(1) 
The powers and duties of a Probate Court for the Town shall be exercised and performed by a Judge of Probate.
(2) 
The Judge of Probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state, and who is a qualified elector of the Town.
(3) 
The Town Council by resolution shall appoint a Judge of Probate to serve for a term of office concurrent with that of the Council and until his or her successor is appointed and qualified.
(4) 
In the absence, disability or disqualification of the Judge of Probate so that he/she is unable to perform his or her duties, the Town Solicitor shall serve as Acting Judge of Probate and when so serving shall have and exercise all the powers and duties of the Judge of Probate provided that, if the vacancy caused by the inability of the Judge of Probate is to be or has been more than 90 days, the Town Council by resolution shall appoint another Judge of Probate to fill out the unexpired term.
(5) 
The clerk of Probate Court shall be the Town Clerk. All fees paid into the Probate Court shall inure to the benefit of the Town and shall be paid over to the Director of Finance by the clerk of the Probate Court.
(6) 
The Town Council shall determine and fix the salary of the Judge of Probate.
[Amended 11-10-2002; 11-2-2010]
(1) 
There shall be a Town Solicitor who shall be appointed by the Town Council to serve for a term of office concurrent with that of the Town Council.
(2) 
The Town Solicitor and any assistant Town Solicitor appointed by the Town Council shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state at least five years prior to his/her appointment, and shall not hold any other office in the Town government except that of Acting Judge of Probate when so necessary.
(3) 
The Town Solicitor need not be a Town resident or be required to devote full time to the duties of his/her office. The Town Solicitor shall receive such compensation as shall be set by the Town Council.
(4) 
Duties.
(a) 
The Town Solicitor shall be the attorney for the Town and legal advisor to the Town Administrator, Town Council and all other departments, offices and agencies of the Town. The Town Solicitor shall appear for and protect the rights of the Town in all actions, suits or proceedings, civil or criminal, in law or equity, brought by or against it or for or against any of its departments, officers {offices} or agencies and shall perform such other duties appropriate to the office as the Town Administrator and Town Council may require.
(b) 
The Town Solicitor shall examine and approve the forms of all ordinances and resolutions and the forms of all invitations for bids, contracts and other legal documents sent out by any department, office or agency of the Town.
(c) 
The Town Solicitor shall decide all questions and controversies relative to the legal construction of any and all laws and ordinances affecting the Town as well as the Town Charter and the division of powers and duties created or implied therein.
(5) 
All written legal opinions furnished to the Town Administrator, the Town Council and all departments, offices and agencies of the Town shall be treated consistently with the Rhode Island Access to Public Records Act, Chapter 38-2 of the Rhode Island General Laws, as may be amended from time to time.
(6) 
This section shall not be deemed to abridge such special powers as are now and hereafter conferred upon Town Solicitors by state law.