[Amended 11-3-2020]
(a)
Organization. There shall be a Finance Department, the operating
head of which shall be the Finance Director, who shall be appointed
by the Town Manager and at whose pleasure the Finance Director shall
serve. Within the Finance Department there shall be a Town Treasurer,
a Tax Assessor, a Tax Collector, Purchasing Agent and such other offices
and agencies as the Town Council may determine and place under the
jurisdiction of the Finance Director.
(b)
Functions. The Finance Department shall supervise, direct and conduct
the financial business and transactions of the Town, including but
not limited to, accounting, budget preparation and administration,
tax assessment and collection, control and disbursement of payments,
purchasing, and such related functions as may be required now and
hereafter by this Charter, Ordinance, State law, or which may be assigned
by the Town Manager.
(c)
Finance Director. The Finance Director shall be the Town Treasurer
who shall have general supervision and control of the operation of
the Department of Finance and shall, subject to the approval of the
Town Manager, make rules and regulations relating to the operation
and management of the Department. The Finance Director shall have
no less than five (5) years supervisory experience in business or
public finance, budgeting, financial control and accounting or experience
that shall be substantially equivalent.
(d)
Tax Assessor. The Tax Assessor shall be appointed by the Town Manager
at whose pleasure the Assessor shall serve. The Tax Assessor shall
exercise and perform the powers and duties with respect to the assessment
of taxes in the Town which are now or may hereafter be prescribed
by law.
(e)
Tax Collector. The Tax Collector, unless and until the Town Council
otherwise provides by Ordinance, shall be the Finance Director. The
Tax Collector shall exercise and perform the powers and duties in
the Town with respect to the collection of taxes, assessments, and
other collections which now or may hereafter be prescribed by law.
[Amended 11-4-2008]
(a)
Organization. There shall be a Board of Assessment Review consisting
of three (3) members appointed by the Town Council, each to serve
a three (3) year term, all of whom shall be qualified voters and residents
of the Town. No more than two (2) of the members of the Board of Assessment
Review shall be members of the same political party at any one time,
such political party allegiance to be verified in writing to the Town
Manager by the Town Party Chairperson of such political party. The
terms of the members of said Board shall be arranged in such a manner
that the term of one member shall expire each year.
(b)
Functions. The Board of Assessment Review shall receive, hear, consider,
and dispose of all appeals from any property owner concerning the
amount of assessed valuation as determined by the Tax Assessor. The
Town Council shall by Ordinance provide for the manner of receiving,
considering, and disposing of appeals. Such procedure relating to
appearances before the Board shall be informal and of a nature calculated
to effect justice in as simple a manner as possible and conform to
the following requirements:
(1)
The Assessor shall attend all hearing[s] of the Board in order
to explain the Assessor's valuation, but the Assessor shall have
no vote.
(2)
The Board shall keep an accurate record of its proceedings which
shall be available for public inspection.
(3)
No appeal shall be considered by the Board unless the tax due
and payable has been paid under protest.
(4)
If it shall appear that the valuation of any property has been
incorrectly or inequitably assessed, the Board shall have the power
to change the assessment and shall determine the correct valuation
of such property. It shall be the duty of the Finance Director to
make any refund that may be due to the property owner.
(c)
Appeals to the Board of Assessment Review. Appeals to the local tax
board of review are to be filed not more than thirty (30) days after
the Assessor renders a decision and notifies the taxpayer, or if the
Assessor does not render a decision within forty-five (45) days of
the filing of the appeal, not more than ninety (90) days after the
expiration of the forty-five (45) day period. The local tax board
of review shall, within ninety (90) days of the filing of the appeal,
hear the appeal and render a decision within thirty (30) days of the
date that the hearing was held. Provided, that a city or town may
request and receive an extension from the director of the Rhode Island
Department of Administration.
(d)
Judicial Appeal. Any taxpayer may appeal the decision of the Board
of Assessment Review in accordance with R.I.G.L. 44-5-26.
[Amended 11-3-2020]
(a)
Organization. There shall be a Fire Department, the operating head
of which shall be the Fire Chief, who shall be appointed by the Town
Manager and at whose pleasure the Chief shall serve. In addition to
the Chief, there shall be such subordinate officers and personnel
as the Town Council by Ordinance shall from time to time determine.
(b)
Functions. The Fire Department shall be responsible for the adequate
protection of life and property from fire, hazardous materials, emergency
medical events, man-made hazards, natural hazards and other hazards
normally within the jurisdiction of a Fire Department, including but
not limited to, those powers and duties, now and hereafter vested
in fire and emergency medical personnel by Ordinance or State law.
(c)
Qualifications and Duties of Chief. The Chief shall have no less
than five (5) years supervisory and administrative experience in the
field of fire fighting, fire prevention, and emergency medical services,
or experience that shall be substantially equivalent. The Chief shall
have a Bachelor of Science degree in related field. The Chief shall
be in direct command of the Fire Department and shall, subject to
the approval of the Town Manager, make rules and regulations relating
to the operation and management of the Fire Department.
(d)
Responsibility. The Fire Department shall be responsible to coordinate
the incident Command System at multi-agency response incidents occurring
within the jurisdiction of the Town of Smithfield. The lead agency
for the Town of Smithfield at a multi-agency response incident shall
be determined by the town agency that is the Authority Having Jurisdiction
for the type of incident.
(a)
Organization. There shall be a Police Department, the operating head
of which shall be the Police Chief, who shall be appointed by the
Town Manager and at whose pleasure the Chief shall serve. In addition
to the Chief, there shall be such subordinate officers as the Town
Council shall from time to time determine.
(b)
Functions. The Police Department shall be responsible for the preservation
of the public peace and all other matters normally within the jurisdiction
of a Police Department, including, but not limited to, those powers
and duties now and hereafter vested in such officers by Ordinance
or State law.
(c)
Qualifications and Duties of Chief. The Chief shall have no less
than five (5) years supervisory and administrative experience in law
enforcement or experience which shall be substantially equivalent.
The Chief shall be in direct command of the Police Department and
shall, subject to the approval of the Town Manager, make rules and
regulations relating to the operation and management of the Police
Department.
(a)
Organization. There shall be a Public Works Department, the operating
head of which shall be the Director of Public Works, who shall be
appointed by the Town Manager and at whose pleasure the Director shall
serve.
(b)
Functions. The Public Works Department shall be responsible for the
functions and services of the Town relating to streets, highways,
sidewalks, bridges, street lighting, storm sewers, public parking
lots, and such other related functions as may be required now, or
hereafter, by this Charter, Ordinance, or State law.
(c)
Qualifications and Duties of Director. The Director of Public Works
shall have no less than five (5) years supervisory and administrative
experience in private industry and/or public agencies, engineering
and/or construction, or substantially equivalent experience. The Director
shall have general control and supervision of the operation of the
Public Works Department and shall, subject to the approval of the
Town Manager, make rules and regulations relating to the operation
of the Department.
[Amended 11-3-2020]
(a)
Organization. There shall be a Town Solicitor appointed by the Town
Council to serve at its pleasure. The Solicitor need not be required
to devote full time to the duties of the office.
(b)
Functions. The Town Solicitor shall be the attorney for the Town
and chief legal advisor to the Town Council, Town Manager and all
Town departments, offices, boards, commissions, and agencies. The
Solicitor's duties and functions shall include representing the
Town in all legal proceedings and performing such related functions
including but not limited to examining or prepare, all ordinances,
resolutions, rules and regulations, and all invitation for bids, contracts,
and other legal documents before they are executed by any office,
department, or agency of the Town as may be required now and hereafter
by Ordinance, State law, or which may be assigned by the Town Council.
Nothing in this section shall prohibit the appointment of a
law firm to perform the duties of the Town Solicitor; nor shall anything
in this section prohibit the Town Council from providing for the appointment
of Assistant Town Solicitors if in its judgment the work load of the
Town Solicitor's office shall justify such appointment; nor shall
anything in this section prohibit the Council from making provision
for the hiring of special counsel to assist or act in place of the
Town Solicitor, in extraordinary and limited circumstances, when in
the judgment of the Council such provision will best serve the interests
of the Town. Nothing in this section shall prohibit the School Department
from retaining counsel to be compensated from funds provided in its
budget.
[Amended 11-4-2014]
There shall be a Town Clerk appointed by the Town Council to
serve at the pleasure of the Council and under the direction of the
Town Manager. The Town Clerk shall give notice of Council Meetings
to its members and the public, keep the journal of Council proceedings,
serve as Clerk for the Board of Canvassers and Probate Court, and
perform such other related functions as may be required now and hereafter
by this Charter, Ordinance, State law, or which may be assigned by
the Town Council.
There shall be a Town Sergeant appointed by the Town Council
to serve at the Council's pleasure. The Town Sergeant shall be
a qualified voter in the Town, and shall perform all the duties as
may be required now and hereafter by Ordinance or State law.
[Amended 11-3-2020]
There shall be a Director of Human Services appointed by the
Town Manager to serve at the Town Manager's pleasure. The Director
shall have all the powers and duties relating to assisting those in
need and such related functions as may be required now and hereafter
by Ordinance, State law, or which may be assigned by the Town Manager.
There shall be a Building Official appointed by the Town Manager
to serve at the Manager's pleasure. The Building Official shall
issue all building, plumbing and drainage permits in accordance with
existing or future Ordinances passed by the Town Council and enforce
the State Building Code and corresponding Minimum Housing Regulations,
as well as the Town Zoning Ordinance, and such related functions as
may be required now and hereafter by Ordinance, State law, or which
may be assigned by the Town Manager.
[Amended 11-3-2020]
There shall be a Planning Board consisting of nine (9) members,
appointed by the Town Council from among the qualified voters of the
Town, each to serve a term of three (3) years, and with terms so arranged
that the terms of one-third of the members shall expire each year.
The Planning Board shall act in an advisory capacity to the Town Council
in all matters concerning the physical growth and development of the
Town and affecting the health, safety, and general welfare of the
people and the economy of the Town, and shall perform such related
functions as may be required now and hereafter by Ordinance or State
law.
The notice that is provided of hearing on any proposal to add
a parcel of land to the Selected Properties for the Construction of
Low and Moderate Income Housing (Table 25 of the Smithfield Comprehensive
Community Plan) shall include the sending of a written notice of the
date, time and place of the public hearing and the nature and purpose
thereof to all owners of real property whose property is located within
two hundred (200) feet of the perimeter of the parcel proposed for
addition to Table 25, as long as Table 25 remain in effect, whether
within the Town or within an adjacent city or town.
There shall be a Zoning Board of Review consisting of five (5)
members, appointed by the Town Council from among the qualified voters
of the Town each to hold office for a term of five years with terms
so arranged that one (1) member shall be appointed each year. The
Council shall each year name two (2) alternate members of said Board
who shall sit as active members whenever required. The Zoning Board
of Review shall have such powers and duties as may be required now
and hereafter by Ordinance or State law.
[Amended 11-4-2014]
There shall be an Historic Preservation Commission consisting
of seven (7) members, appointed by the Town Council from among qualified
voters of the Town each to hold office for a term of three years and
so arranged that vacancies shall not occur at the same time. The Historic
Preservation Commission shall promote the identification and protection
of historic buildings, districts, structures, artifacts, objects and
archaeological sites. The Historic Preservation Commission shall have
an advisory role to the Town Council and the Town's boards, commissions,
and officials on matters of historic cultural and preservation issues
and shall have other such powers and duties as may be required now
and hereafter by ordinance or state law.
There shall be a Conservation Commission consisting of seven
(7) members, appointed by the Town Council from among the qualified
voters of the Town each to hold office for a term of three (3) years
and so arranged that vacancies shall not occur at the same time. The
Conservation Commission shall promote and develop the natural resources,
protect the watershed resources, and preserve natural aesthetic areas
within the Town and shall perform such related functions as may be
required now and hereafter by Ordinance or State law.
[Amended 11-4-2008]
There shall be an Asset Management Commission appointed by the
Town Council, the terms and membership to be set by the Town Council.
Qualifications shall include, however not limited to, experience in
construction and facilities management, architectural and civil engineering,
real estate and finance. The Commission shall be responsible for the
following:
1.)
Compiling an inventory of all land and buildings owned by the Town.
2.)
Assess the condition of all buildings and establish and prioritize
the need for major repairs or renovations.
3.)
Prepare and present to the Council a list of Town-owned property
that could be sold or transferred. The Commission shall identify and
recommend sites to be acquired for projects identified on the priority
list.
4.)
Prepare with input from all departments of Town government, a list
of projected capital expenditures for five and ten year periods; prioritize
the list and recommend sources of funding. The Commission shall annually
report to the Town Manager and Town Council its recommendations.
5.)
Any project for which a Town department seeks funding the initial
review of the request including planning, cost estimates for the project,
and future operating costs associated with the project shall be done
by the Commission with assistance of the department making the request.
Any building committee designated to build the project shall include
representatives from the Asset Management Commission. All building
committees shall be appointed by the Town Council.
6.)
The Commission on request of the Town Council may perform other specified
tasks. The Town Manager shall provide necessary resources to the Commission
to carry out its responsibilities.
[Amended 11-3-2020]
(a)
Organization. There shall be a Smithfield Emergency Management Agency.
The operating head of which shall be the Director of Emergency Management,
who shall be appointed by the Town Manager and whose compensation
shall be set by the Town Council. The Director shall serve as the
local director of all civil defense. The Director shall appoint staff
sufficient to perform functions and duties related to emergency management
with the approval of the Town Manager.
(b)
Function. The Smithfield Emergency Management Agency shall be responsible
for the core phases of emergency management: prepare, mitigate, respond
and recover from emergencies and disasters; prepare plans, train for
and coordinate the town's response to all emergency conditions
and potential incidents which require a multi-agency response such
as: severe weather, threats from all natural and man-made disasters;
conduct crisis management and consequence management functions other
than keeping the peace; prevent and/or mitigate acts of terrorism,
hazardous substance discharges, and such other emergency conditions
and incidents which affect public health and safety.
(c)
Qualifications and Duties of the Director. The Director shall have
no less than five (5) years of supervisory and administrative experience
and programmatic delivery as a section chief, in a federal or state
Emergency Management Agency or military staff leadership position
in a military unit tasked with a Homeland Security mission.
[Amended 11-3-2020]
There shall be a Parks and Recreation Department whose duties
are to maintain all Town properties that are listed by the Town as
Parks and Recreational facilities and additional properties and duties
as may be required by Town Ordinance.
[Amended 11-3-2020]
There shall be a Smithfield Land Trust having powers and duties
by State Law and Town Ordinances.
[Amended 11-3-2020]
If during a term of office a Board or Commission member dies,
resigns, or ceases to be a qualified voter and resident of Smithfield,
the position shall thereupon be declared vacant by the Town Council
and the vacancy shall be filled for the remainder of the term in the
same manner as the manner as [of] the original appointment, unless
otherwise provided by this Charter.
[Amended 11-4-2008]
The Town Council in order to make efficient use of Town resources
may by ordinance establish Town departments, offices, boards, commissions
or agencies in addition to those created by this Charter including
reassigning functions assigned by this Charter to a particular department,
office, board, commission or agency. The Town Council may by ordinance
contract with any private or public entity, or combination of entities,
to perform a function or functions assigned in this Charter to a particular
department, office, board, commission or agency.
All departments, offices, and agencies under the direction and
supervision of the Town Manager shall be administered by an officer
appointed by and subject to the direction and supervision of the Manager.
With the consent of the Town Council, the Town Manager may serve as
the head of one or more such departments, offices or agencies or may
appoint one (1) person as the head of two (2) or more of them.
[Amended 11-4-2008; 11-4-2014]
(a)
Exempt and Merit Services. The personnel of the Town shall be divided
into exempt and merit services. The exempt services shall consist
of all officers elected by the people or appointed by the Town Council;
all members of boards and commissions; persons employed as consultants
or counsel who are rendering temporary professional services; volunteers
and persons appointed to service without pay; positions involving
seasonal or part-time employment; and professional employees of the
School Department. The merit service shall consist of all other employees
of the Town.
(b)
Merit Service Appointments and Promotions: Merit Principle. All appointments
and promotions of merit service employees shall be made solely on
the basis of merit and fitness demonstrated by a valid and reliable
examination or other evidence of competence.
(c)
Merit System. Consistent with all applicable Federal and State laws,
the Town Council shall provide by Ordinance for the establishment,
regulation and maintenance of a merit system governing personnel policies
necessary for the effective administration of the employees of the
Town's departments, offices and agencies, including but not limited
to classification and pay plans, examinations, force reduction, removals,
working conditions, in-service training, grievances and relationships
with employee organizations.
(d)
Personnel Board. There shall be a Personnel Board consisting of three
(3) members. The Board shall organize annually by electing a chair,
vice chair, and secretary. The members shall be appointed by the Town
Council for terms of three (3) years with initial appointments for
period of one (1), two (2) and three (3) years. Appointees must have
experience in private or government personnel administration. Compensation,
if any, shall be set by the Town Council. It shall be the duty of
the Personnel Board to recommend to the Town Council:
1.
A pay plan for non-unionized management employees of the Town. The
pay plan shall not include employees of the School Department.
2.
Revisions or amendments to the Town's Personnel Ordinance and
Personnel Rules and Procedures, as deemed appropriate or advisable
by the Board.
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The Board shall also respond to any other request for assistance
submitted to it by the Town Council. In formulating its recommendations
to the Town Council, the Board shall consider the personnel ordinances,
rules, procedures and pay plans of other Rhode Island municipalities
comparable in size to Smithfield.
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[Amended 11-3-2020]
1.
The Town Manager shall establish a Management Internal Control Program
(MICP), in which the Town Manager and department heads agree through
their individual signed pledge, to ensure that all departmental, fiscal
and administrative functions conform to established laws and provisions
of the Smithfield Town Ordinance and Town Charter.
2.
The Town Manager and department heads shall establish and conduct
an annual inspection as part of an Organizational Inspection Program
(OIP), to ensure compliance with provisions of the Smithfield Management
Internal Control Program, Town Ordinance and Town Charter.
3.
The Town Manager shall determine the key items to be inspected in
each department with assistance of each subordinate department head.
4.
Town Manager shall submit an annual MICP statement to the Town Council
by the close of each fiscal year. Such MICP will state the following:
"all administrative and fiscal functions are in conformance with the
Town Manager's Management Internal Control Program, the Town
Ordinance and Provisions of the Town Charter."
