[Amended Ref. of 11-2-2010]
At the first regular meeting of the council in February after
its organization, or as soon as may be thereafter, the council by
a majority of its members shall elect a judge of the probate court
of the city to serve until his successor shall be duly elected as
aforesaid by the succeeding council. The judge of the probate court
shall be a qualified elector of the city and be a lawyer admitted
to practice before the supreme court of the state and shall have had
at least three years' experience in active practice of the law. In
case of the sickness, absence from the city or other disability or
ineligibility of the judge of the probate court to serve, the mayor
may appoint the city solicitor, and if the city solicitor shall be
unable to serve, then the mayor may appoint any member of the bar
of the state to perform the duties of said judge during the sickness,
absence or other inability or ineligibility of said judge. The acts
of said acting judge in the performance of said duties shall have
the same effect as if performed by said judge. The designation by
the mayor shall be in writing and shall be recorded in the records
of the probate court and shall be conclusive evidence of the necessity
of such appointment.
[Amended 7-31-1991 by Ch. No. 2205 (Ref. of 11-6-1990, Sec. 1); Ref. of 11-2-2010]
At the first regular meeting of the council in February every
third year, or as soon as may be thereafter, the council shall elect
the judge of the municipal court by a majority of the council membership,
to serve for a term of three years or until his or her successor shall
be duly elected as aforesaid by the succeeding council. The person
so elected shall be a qualified elector of the city and be a lawyer
admitted to practice before the supreme court of the state and shall
have had at least two years experience in the active practice of the
law. The council shall also appoint an associate judge who shall perform
the services of the judge in his or her absence, and also act as clerk
of the municipal court for a three year term. The clerk shall be a
qualified elector of the city, and shall be a lawyer admitted to practice
before the supreme court of the state and shall have had at least
two years experience in the active practice of the law. In case of
sickness, absence from the city or other disability or ineligibility
of the judge of the municipal court to serve, the clerk of the municipal
court shall perform the duties of such judge during any such period
of inability or ineligibility of the judge to serve. The acts of such
clerk in the performance of such duties shall have the same effect
as if performed by such judge.
At the first regular meeting of the council in February after
its organization, and from time to time thereafter, the council by
a majority of its members may elect such number of constables with
power to serve civil process as the council shall deem necessary and
desirable, provided, however, that there shall at all times be at
least one such constable. Constables so elected shall serve until
the succeeding council shall elect one or more constables.
[Amended Ref. of 11-6-1990, Sec. 3; 7-24-2002, approved at referendum 11-5-2002; Ref of 11-3-2020, Sec. 8]
Not later than three months before the expiration of each fiscal
year of the city, the council shall, in conformity with the terms
of this section, make provision for the services of a certified public
accountant or a firm of certified public accountants, none of whom
shall be officers or employees of the city, holding a certificate
or certificates from the State of Rhode Island, or from any other
state with whom the State Board of Accountancy has a reciprocal relationship,
to make a detailed post audit of the financial records of the city
for the preceding fiscal year in accordance with accepted auditing
standards. Audits may also be made at such other times as the council
shall direct.
The council in its discretion may enter into a contract for
the provision of such services to the city with a particular certified
public accountant or firm of certified public accountants, provided
that such contract shall not extend beyond three consecutive annual
audits.
Each annual audit report of the financial records of the city
shall conform, in terms of contents, with all applicable provisions
of state law, under the supervision of the Auditor General of the
State of Rhode Island, and with such additional requirements as may
be set by the council, and shall be submitted to the city clerk for
transmittal to the council and to the mayor as a public document,
and copies filed with the state director of administration and the
state auditor general, no later than six months after the close of
the fiscal year.
The council by a majority of its members may elect such other
officials not inconsistent with the scheme of this Charter as they
shall deem necessary.
