A.
With respect to department head appointments including the major of the police department and any core department managers, who are not classified, will require the advice and consent of the city council including, but not limited to those cited under Section 5.02 of the charter. The mayor shall submit the names of his or her department head nominees to the city council in writing to the clerk of the city council. The clerk of the city council shall, upon receipt of any nomination, refer such nomination to the finance committee of the city council.
B.
The finance committee shall conduct a public hearing to examine the qualifications and character of each of the mayor's appointees. Notice of the public hearing by the finance committee on advice and consent for each appointee shall be advertised at least ten (10) days in advance in a newspaper of general circulation within the city of Cranston. At the hearing, the mayor or his or her designee shall present to the committee the appointment. The committee shall have the right, by majority vote, to request reasonable documentation pertaining to an appointee. The hearing may continue from time to time until declared completed by a majority of the members of the finance committee.
C.
It shall be the responsibility of the committee to present a report to the full city council as to whether the committee recommends consent for each of the mayor' s appointees. At the next city council meeting following receipt of the committee's report, the council after hearing the recommendation of the finance committee, shall take a vote to consent or not consent to the mayor's appointee.
D.
If the finance committee does not act within forty-five (45) days of receipt of the nomination, then the appointment will be considered recommended to the full council for consent at the next scheduled city council meeting. If thereafter the council does not act within thirty (30) days following the recommendation of the finance committee, then the proposed appointment will be considered having been consented by the city council.
E.
No nominee requiring the advice and consent of the city council shall work in the position for which he or she is seeking advice and consent, until and unless the full city council shall vote in the affirmative on the question of the nominee's approval for said position; except in the case of a nominee who is being promoted from within the department. In the case of a promotion of a person from within a department to a position requiring advice and consent, said employee may serve in an "acting" capacity for the higher position, but shall retain his or her current title and salary, until final approval is given by the full city council; unless otherwise contraindicated by a collective bargaining agreement under which the nominee is covered, in which case, said collective bargaining agreement shall take precedence over this section. If approved by the full city council, a nominee who is a potential new employee can only be placed on the city payroll the following business day after the city council's vote on his or her nomination. If the vote of the full city council is to deny advice and consent to a nominee requiring such, that nominee shall not be employed in that position, and may not be nominated for that position again for at least six months.
F.
Notwithstanding the provisions of subsections (A) through (D) of this section, any violation of subsection (E) of this section, shall cause the de facto rejection of said nomination, and no vote shall be required of the finance committee or the city council. The nominee shall be personally liable to the city for any salaries paid to him or her in violation of subsection (E) of this section.
(Prior code § 2-9.2; Ord. 05-40 §§ 1, 2; Ord. 05-12 § 1)