All powers of the Town shall be vested in the Town Council,
except as otherwise provided by law or this Charter, and the Council
shall provide for the exercise thereof and for the performance of
all duties and obligations imposed on the Town by law.
There shall be a Town Council of five (5) members elected by
the voters of the Town at-large. The regular election of the Council
members shall be held on the first Tuesday next after the first Monday
in November every two (2) years beginning in 1994. The terms of the
Council members shall begin on the first Monday following the certification
of their election for two (2) years or until their successors have
been elected and qualified.
Only resident, qualified voters of the Town shall be eligible
to hold the office of Council member.
The Town Council shall at its first meeting elect from among
its members, officers of the Town who shall have the titles of President
and Vice President, each of whom shall serve at the pleasure of the
Council. The President shall preside at meetings of the Council, represent
the Town in intergovernmental relationships, present an annual "State
of the Town Message", and other duties specified by the Council. The
President shall be recognized as head of the Town government for all
ceremonial purposes and by the Governor for purposes of military law
but shall have no administrative duties. The Vice President shall
act as President during the absence or disability of the President
and if a vacancy should occur shall become President at the pleasure
of the Council. The President and Vice President shall have a voice
and vote in the proceedings of the Town Council.
The Town Council may determine the annual salary of the President
and Council members by Ordinance, but no Ordinance increasing such
salary shall become effective until the date of commencement of the
terms of Council members elected at the next regular election. The
President and Council members shall receive their actual and necessary
expenses incurred in the performance of their duties of office.
[Amended 11-4-2008]
(a)
Other Office. Except where authorized by law, no Council member shall
hold any other elected public office during the term for which the
member was elected to the Council. No Council member shall hold any
other Town office or employment during the term for which the member
was elected to the Council. No former Council member shall hold any
compensated appointive office or employment with the Town until one
(1) year after that member's departure from the Council. Nothing
in this section shall be construed to prohibit the Council from selecting
any current or former Council member to represent the Town on the
governing board of any regional or other intergovernmental agency.
(b)
Appointments and Removals. Neither the Town Council nor any of its
members shall in any manner control or demand the appointment or removal
of any Town administrative officer or employee whom the Town Manager
or any subordinate of the Town Manager is empowered to appoint.
(c)
Interference with Administration. Except for the purpose of inquiries, and investigations under § C-2.09, the Council or its members shall deal with Town officers and employees who are subject to the direction and supervision of the Town Manager solely through the Town Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
[Amended 11-3-2020]
(a)
Vacancies. The office of a Council member shall become vacant upon
the member's death, resignation, removal from office or forfeiture
of office in any manner authorized by law.
(b)
Forfeiture of Office. A Council member shall forfeit that office
if the Council member
(1)
lacks at any time during the term of office for which elected
any qualification for the office prescribed by this Charter or by
law;
(3)
is convicted of a crime involving moral turpitude; or,
(4)
fails to attend three (3) consecutive regular meetings of the
Council without being excused by the Council.
(c)
Filling of Vacancies. If a vacancy shall occur on the Town Council
one (1) year or more prior to the regular election, a special election
shall be called by the Town Clerk to take place within sixty (60)
days after such vacancy has occurred in a manner prescribed by State
law. Any vacancy in the membership of the Town Council that shall
occur less than one (1) year prior to the regular election may be
filled for the unexpired term by the remaining members of the Council,
provided that the person chosen by the Town Council to fill such vacancy
shall be of the same political party as the prior incumbent, such
political party allegiance to be verified in writing to the President
of the Town Council by the Town Party Chairperson of such political
party. If the vacancy to be filled is that of an unaffiliated voter,
the Council shall fill said Council vacancy with an unaffiliated voter
whose voter designation is certified by the Town Clerk prior to appointment.
[Amended 11-4-2008]
The Town Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office.
The Council shall have the power to set additional standards of conduct
for its members beyond those specified in the Charter and may provide
for such penalties as it deems appropriate, including forfeiture of
office. In order to exercise these powers, the Council shall have
power to subpoena witnesses, administer oaths and require the production
of evidence. A member charged with conduct constituting grounds for
forfeiture of office shall be entitled upon request to the following:
1.)
A public hearing;
2.)
A statement of the specific charge or charges setting forth the conduct
that constitutes grounds for the forfeiture of his office;
3.)
The right to be represented by an attorney at his/her expense;
4.)
An opportunity to present witnesses;
5.)
The right to cross examine witnesses;
6.)
The right to present evidence.
The notice of the public hearing shall be published in one (1)
or more newspapers of general circulation in the Town at least one
(1) week in advance of the public hearing.
If the charges of conduct constituting grounds for forfeiture
of office shall be upheld by the Council, the member charged shall
not participate in Council matters during the time the matter is under
judicial review. Decisions made by the Council under this section
shall be subject to judicial review.
The Town Council may make investigations into the affairs of
the Town and the conduct of any Town department, office, commission,
board, or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Failure
or refusal to obey a lawful order issued in the exercise of these
powers by the Council shall be a misdemeanor.
[Amended 11-4-2008; 11-4-2014]
The Town Council shall provide for an independent annual audit
of all Town accounts and may provide for more frequent audits as it
deems necessary. Such audits shall be made by a certified public accountant
or firm or such accountants who have no personal interest, direct
or indirect, in the fiscal affairs of the Town government or any of
its officers. The Council shall require competitive bids and designate
such accountant or firm annually, but the designation for any particular
fiscal year shall be made no later than 30 (thirty) days prior to
the subsequent fiscal year. If the State makes such an audit, the
Council may accept it as satisfying the requirements of this section.
(a)
Meetings. The Council shall meet regularly at least once every month
at such times and places as the Council may prescribe by rule. Special
meetings may be held on the call of the President or three (3) or
more members. All meetings of the Town Council shall be open to the
public; except that the Town Council may authorize an executive session
in accordance with State law.
(b)
Rules and Journal. The Town Council shall determine its own rules
and order of business and shall provide for keeping a journal of its
proceedings. This journal shall be a public record.
(c)
Quorum. Three (3) members of the Town Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in § C-2.07, shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Council.
(d)
Voting. A record of all votes taken at all meetings shall be kept
and made public as required by the State law.
[Amended 11-4-2008]
In addition to other acts required by law or by specific provision
of this Charter to be done by Ordinance, those acts of the Town Council
shall be by Ordinance which:
(1)
Adopt or amend an administrative code or establish, alter, or abolish
any Town department, office, board, commission or agency;
(2)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(3)
Regulate the rate charge for its services by a public utility;
(4)
Authorize the borrowing of money;
(5)
Convey or lease or authorize the conveyance or lease of any real
estate of the Town;
(6)
Regulate land use and development, and adopt or amend a zoning Ordinance;
(7)
Enact, and amend, a personnel system in conformity with the provisions
of this Charter;
(8)
Amend or repeal any Ordinance previously adopted; and
(9)
Adopt with or without amendment Ordinances proposed under the initiative
provisions of this Charter.
Acts other than those referred to in the preceding sentence
may be done either by Ordinance or by Resolution.
[Amended 11-4-2008]
(a)
Form. Every proposed Ordinance shall be introduced in writing and
in the form required for final adoption. No Ordinance shall contain
more than one (1) subject which shall be clearly expressed in its
title. The enacting clause shall be "The Town of Smithfield hereby
ordains . . ." Any Ordinance which repeals or amends an existing Ordinance
or part of the Town Code shall set out in full the Ordinance, Sections
or Subsections to be repealed or amended, and shall indicate matters
to be omitted by enclosing it in brackets or by strikeout type and
shall indicate new matters by underscoring or by italics.
(b)
Procedure. An Ordinance may be introduced by any member at any regular
or special meeting of the Council. Upon introduction of any Ordinance,
the Town Clerk shall distribute a copy to each Council member and
to the Town Manager, shall file a reasonable number of copies in the
office of the Town Clerk and such other public places as the Council
may designate, and shall publish the Ordinance together with a notice
setting out the time and place for a public hearing thereon and for
its consideration by the Council.
The public hearing shall follow the publication by at least
seven (7) days, may be held separately or in connection with a regular
or special Council meeting, and may be adjourned from time to time;
all persons interested shall have an opportunity to be heard.
After the hearing the Council may adopt the Ordinance with or
without amendment or reject it, but if it is amended as to any matter
of substance, the Council may not adopt it until the Ordinance or
its amended Sections have been subjected to all the procedures hereinbefore
required in the case of a newly introduced Ordinance. As soon as practicable
after adoption, the Clerk shall have the Ordinance and a notice of
its adoption published and available at a reasonable price.
(c)
Effective Date. Except as otherwise provided in this Charter, every
adopted Ordinance shall become effective at the expiration of 30 (thirty)
days after adoption or at any later date specified therein.
(d)
"Publish" Defined. As used in this section, the term "publish" means
to print in one or more newspapers of general circulation in the Town
or as required by state law:
To meet a public emergency affecting life, health, property
or the public peace, the Town Council may adopt one (1) or more Emergency
Ordinances, but such Ordinances may not levy taxes, grant, renew or
extend a franchise, regulate the rate charged by any public utility
for its services or authorize the borrowing of money except as provided
in § C-5.09(b). An Emergency Ordinance shall be introduced
in the form and manner prescribed for Ordinances generally, except
that it shall be plainly designated as an Emergency Ordinance and
shall contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms.
An Emergency Ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of at least three (3) members shall be required for adoption.
After its adoption the Ordinance shall be published and printed as
prescribed for other adopted Ordinances. It shall become effective
upon adoption or at such later time as it may specify. Every Emergency
Ordinance except one made pursuant to 5.09(b) shall automatically
stand repealed as of the 61st (sixty-first) day following the date
on which it was adopted, but this shall not prevent re-enactment of
the Ordinance in the manner specified in this section if the emergency
still exists. An Emergency Ordinance may also be repealed by adoption
of a repealing Ordinance in the same manner specified in this section
for adoption of Emergency Ordinances.
[1]
Editor's Note: Former § C-2.15, Codes of Technical
Regulations, was repealed 11-4-2008.
[Amended 11-4-2008]
(a)
Authentication and Recording. The Town Clerk shall authenticate by
signing and shall record in full in a properly indexed book kept for
the purpose all Ordinances and Resolutions adopted by the Town Council.
(b)
Codification.
Within three (3) years after adoption of this Charter and at least
every five (5) years thereafter, the Town Council shall provide for
the preparation of a general codification of all Town Ordinances and
Resolutions having the force and effect of law.
The general codification shall be adopted by the Council by
Ordinance and shall be published promptly in bound or loose-leaf form,
together with this Charter and any amendments thereto, pertinent provisions
of the Constitution and other laws of the State of Rhode Island and
such Codes of Technical Regulations and other rules and regulations
as the Council may specify. This compilation shall be known and cited
officially as the Smithfield Town Code. Copies of the Code shall be
furnished to Town officers, placed in libraries and public offices
for free public reference and made available for purchase by the public
at a reasonable price fixed by the Council.
(c)
Printing of Ordinances and Resolutions. The Town Council shall cause
each Ordinance and Resolution having the force and effect of law and
each amendment to this Charter to be printed promptly following its
adoption, and the printed Ordinances, Resolutions and Charter amendments
shall be distributed or sold to the public at reasonable prices as
fixed by the Council. Following publication of the first Smithfield
Town Code and at all times thereafter, the Ordinances, Resolutions
and Charter amendments shall be printed in substantially the same
style as the Code currently in effect and shall be suitable in form
for integration therein. The Council shall make such further arrangements
as it deems desirable with respect to reproduction and distribution
of any current changes in or addition to the provisions of the Constitution
and other laws of the State of Rhode Island, or the Codes of Technical
Regulations and other rules and regulations included in the Code.
