If any provision of this Charter shall be held by any court
of competent jurisdiction to be invalid or ineffective in whole or
in part or to be inapplicable to any person or situation, it is the
purpose and intent of this Charter that all other provisions or parts
thereof shall be separately and fully effective.
Every officer of the Town shall, before entering upon the duties
of his office, take and subscribe the following oath or affirmation,
to be filed and kept in the office of the Town Clerk.
"I solemnly swear (or affirm) that I will support the Constitution
and obey the laws of the United States of America and the State of
Rhode Island; that I will in all respects, observe the provisions
of the Charter and ordinances of the Town of Westerly and will faithfully
discharge the duties of the office of ........."
The Council, within three years following the effective date
of this Charter and every tenth year thereafter, shall cause to be
prepared a revision or codification of the ordinances of the Town
which are appropriate for continuation as local laws of the Town.
The codification may be prepared under the supervision of the Town
Solicitor, or the Council may contract for the services of persons
or organizations experienced in such work.
Any Town officer or employee who has a substantial financial
interest, or whose immediate family member has a substantial financial interest, direct or indirect
or by reason of ownership of stock in any corporation, in any contract
with the Town or in the sale of any land, material, supplies or services
to the Town or to a contractor supplying the Town shall make known
that interest and shall refrain from voting upon or otherwise participating
in his capacity as a Town Officer or employee in the making of such
sale or in the making or performance of such contract. Any Town officer
or employee who willfully conceals such a substantial financial interest
or willfully violates the requirements of this section shall be guilty
of malfeasance in office or position and shall forfeit his office
or position. Violation of this section with the knowledge expressed
or implied of the person or corporation contracting with or making
a sale to the Town shall render the contract or sale voidable by the
Manager or the Council.
The Council shall provide for the printing, publication and
distribution of this Charter and may require that a reasonable charge
be made for copies thereof.
The purchase of supplies, materials, equipment, or the contracting
for services by any office or department of the Town shall be on a
competitive bid basis under regulations set by the Council except
that the Council by ordinance may set a minimum dollar amount under
which this section would not apply. The Council may exempt purchases
or contracts, which by their unusual nature would make competitive
bidding impractical or unnecessary.
Chapter 42-46 of Rhode Island General Laws entitled "Open Meetings"
and Chapter 38-2 of Rhode Island General Laws entitled "Access to
Public Records" are hereby incorporated herein and made a part of
the Charter of the Town of Westerly by reference.
Every proposed ordinance shall be introduced in writing and
in the form required for final adoption. No ordinance shall contain
more than one subject, which shall be clearly expressed in its title.
The enacting clause shall be "The Town of Westerly hereby ordains
....." Any ordinance which repeals or amends an existing ordinance
shall set out in full the ordinance, section or subsections to be
repealed or amended, and shall indicate matter to be omitted by enclosing
it in brackets, or by strike out type and shall indicate new matter
by underscoring or by italics.
An ordinance shall be required for any act of the Council the
purpose of which is to create, abolish or reorganize any Office, Department,
or Agency, or to establish a fine or other penalty.
The Council may adopt any standard code for technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such an adopting ordinance shall be as prescribed for ordinances
generally except for the requirement of publication in entirety. It
shall be permissible for the final publication hereinbefore required
in § 15-2-2(c) to refer to the formal title of said standard
code. All requirements for filing of copies of the ordinance shall
include copies of the code of technical regulations as well as of
the adopting ordinance and a copy of each adopted code of technical
regulations shall be recorded and authenticated by the Town Clerk.
The Town Clerk shall have copies of any adopted code of technical
regulations available for distribution at a reasonable price.