ARTICLE I

ARTICLE I. BASIC PROVISIONS

Sec. 1. Municipal body.

The inhabitants of the Town of North Smithfield, within the corporate limits as now or hereafter established, shall continue to be a municipal body politic and corporate in perpetuity.

Sec. 2. Form of government.

The form of town government provided by this charter shall be the administrator-council form of government. Pursuant to its provisions and subject only to the limitations imposed by this state constitution and by this charter, all powers of the town ~~except those vested in the financial town meeting,~~ shall be vested in an elected town council which shall enact local legislation, and in an elected town administrator who shall be responsible for the execution of the laws and the administration of the town government.

Sec. 3. Local self-government.

The town shall have all powers of local self-government and home rule and all powers possible for a town to have under the constitution of this state, together with all the implied powers necessary to carry into execution all the powers granted. The town shall have such additional powers as now or hereafter may be granted to the town by the laws of the state. All powers of the town shall be exercised in the manner prescribed by this charter, or if not so prescribed, then in such manner as shall be provided by ordinance or resolution of the council.

Sec. 4. State law.

The laws of the state not inconsistent with this charter, except those superseded by or declared inoperative by ordinance or resolution of the council, shall have the force and effect of ordinances of the town.

Sec. 5. ~~Ordinance~~ Ordinances and resolutions.

Every proposed ordinance shall be filed with the town clerk by a member of the town council no later than four (4) business days prior to the day of the meeting at which it is to be introduced. The town clerk shall forthwith post one (1) copy of the proposed ordinance in some place accessible to the public in the town hall and shall provide each member of the town council with a copy.

Introduction of ordinances and resolutions.

Every proposed ordinance, other than an emergency ordinance, shall be read a first time by the title and explained by its sponsor at the meeting at which it is to be introduced. An affirmative vote by three (3) of the members of the town council shall be necessary for its introduction. A date shall be set for a hearing of the proposed ordinance. At least seven (7) days prior to the hearing, the proposed ordinance shall be published in a newspaper having distribution within the town.

Public hearings on ordinances and resolutions.

Unless otherwise scheduled, the hearing on the proposed ordinance shall be held at the meeting following the introduction. No action shall be taken on the ordinance until the conclusion of the hearing.

Vote required for passage of ordinances and resolutions.

The affirmative vote of three (3) town council members shall be necessary for the passage of any ordinance.

Emergency Ordinances.

In an emergency affecting the public peace, health, safety, comfort and welfare of the inhabitants of the town and for protection of persons and property, the town council by an affirmative vote of three (3) members may adopt, on the day of its introduction, an ordinance containing a declaration of emergency, which shall take effect upon its passage.

The nature of the emergency shall be specifically stated in the ordinance, and such declaration shall be inclusive as to the existence of such an emergency. Within twenty (20) days after passage of an emergency ordinance, the town council shall hold a hearing and inform the public of the emergency and the action taken. Every emergency ordinance shall automatically stand repealed as of the sixty-first (61) day following the date on which it was adopted; but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists.

Authorization and publication of ordinances and resolutions.

Upon its final passage each ordinance or resolution shall be authenticated by the signature of the town clerk and shall be recorded in a book kept for that purpose. Within seven (7) calendar days after final passage, each ordinance shall be published at least once in such manner as the town council may prescribe by ordinance.

Copy and public record of ordinances and resolutions.

After the introduction of any ordinance or resolution in the town council, the town clerk shall keep available a copy of the proposed ordinance or resolution, together with all amendments thereto, which shall be a public record. Copies of ordinances shall be made available to the public at nominal cost to be set by the town council.

Sec. 6. Property.

The town may acquire property within or without its corporate limits for any municipal purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, mortgage, hold, manage and control such property as its interest may require.

Sec. 7. General powers.

The town shall have and may exercise all local and municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever unless otherwise prohibited by the constitution of the state or by this Charter. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the town shall have and may exercise all powers which, under the constitution of the state, it would be competent for this Charter specifically to enumerate.

Sec. 8. Legislative powers.

The town shall have power to adopt and amend local laws and ordinances relating to its property, affairs and government. The legislative powers of the town shall be vested in the town council. ~~except such powers as are vested in the financial town meeting.~~

Sec. 9. Contracts with other bodies.

The town may enter into a contract or cooperative agreement with the federal government, with the state, or with any political subdivision thereof for the performance of any services and the use of any facilities.

Sec. 10. Code of ethics.

Declaration of policy and purpose.

The proper operation of democratic government requires that actions of public officials and employees be impartial; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics for all elected officials, appointed officials and employees appointed by the town council, town administrator, independent boards or commissions or duly appointed in accordance with the provisions of this Charter. The purpose of this code is to establish ethical standards of conduct for all such officials and employees by setting forth these acts or actions that are incompatible with the best interest of the town.

Conflict of interest.

No appointed or elected official or employee of the town shall use his or her official position for personal gain, or shall engage in any business or transaction or shall have a financial or other interest, direct or indirect, which is in conflict with the proper discharge of his or her official duties. Additionally, no town official/appointee/employee shall act for compensation as an agent or attorney for any person or organization before the town council or any town board, commission, or committee. This requirement set forth in this code of ethics shall be in addition to the requirements set forth by the code of ethics of the State of Rhode Island as amended from time to time. This code of ethics shall not be deemed inconsistent with the code of ethics for the State of Rhode Island if the requirements of this code of ethics shall be deemed greater.

Removal of provisions.

Any appointed official of the town may be removed from his or her office and any employee may be terminated by the town council upon its determination by a preponderance of the evidence to its satisfaction after a public hearing thereon that a violation of this code has been committed by such official or employee. Notwithstanding the foregoing, any such person found by the Rhode Island State Ethics Commission to have violated any provision of the code of ethics for the State of Rhode Island in the discharge of their duties or responsibilities for the town shall have immediately forfeited their position upon such finding and the exhaustion of all appeals thereof.

Contracts with the town.

No elected official or employee of the town, member of any board or commission of the town, or resident of the town holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the national guard and members of the armed forces, shall except as in this Charter, may be specifically provided:

a. Directly or indirectly make any contract with the town, except his or her own employment contract.

b. Receive any commission, discount, bonus, gift, contribution or award, or share in the profits of any person, corporation, or partnership making or performing such a contract.

Contracts by the town.

The town shall not enter into any contract with any elected official or employee of the town, member of any board or commission of the town, or resident of the town holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the national guard and members of the armed forces, other than employment contracts.

Effect of stock ownership in contracting corporation.

When a contractor with the town shall be a corporation, the ownership of less than five percent (5%) of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of the foregoing sections.

Penalties.

Every contractual obligation incurred in violation of the provisions of this section, shall be illegal and void. If any appointed official or employee of the town shall knowingly undertake a contractual obligation in violation of the provisions of this section, it shall be grounds for his or her removal.

Hours of work.

ARTICLE II. ELECTIONS

State law reference - Opening and closing times of polls, G. L. 1956, 17-18-10, 17-18-11.

Sec. 1. District.

The Town of North Smithfield shall consist of one district.

Sec. 2. Regular and special elections.

A regular town election shall be held on the first Tuesday after the first Monday in November in ~~odd~~ even numbered years. A special election may be held at any time at the order of the town council, or as otherwise provided in this Charter.

Sec. 3. Commencement of terms.

The term of office of all Town of North Smithfield officers elected by the people at a regular municipal election shall date from 8:00pm local time, on the first day of December in the year of their election. The term of office of all town officers elected by the people at a special municipal election shall date from the tenth day following the election.

Sec. 4. Petitions.

Each candidate for elective office in the town shall be a qualified elector of the town. Candidates for election may be nominated by petition signed by not less than fifty (50) qualified electors of the town.

Petitions for the nomination of candidates shall be filed with the canvassing authority of the town ~~not~~ earlier than five (5) weeks nor less than three (3) weeks prior to the date of the primary election. Forms for nominating petitions shall be furnished by the canvassing authority at least five (5) weeks prior to the date of the primary election. The nominating petitions for any candidate may be assembled into one petition before filing with the canvassing authority at such time and upon such forms as in compliance with state law. Said information shall be available at the town clerk's office.

The nominating petitions for any candidate may be assembled into one petition before filing with the canvassing authority.

Each nominating petition shall state the name of the office and set forth the name and place of residence of the candidate thereby nominated. Declarations of candidacy must be filed with the canvassing authority not less than one week prior to the time when nominating petitions must be furnished to candidates.

Every voter signing a nominating petition shall indicate thereon his place of residence and street number, if any. No voter shall sign petitions for more than the number of candidates for each office for which he is entitled to vote at the election and, should he do so, his signature shall be counted only upon the first petition or petitions filed and shall be void upon all other petitions.

Before a nominating petition may be filed with the canvassing authority there shall be filed with said canvassing authority an acceptance of the nomination in writing, signed by the candidate, which shall certify that the nominee consents to stand as a candidate and that if elected he agrees to take office and serve.

Each nominating petition shall be verified by an oath or affirmation of one or more of the persons circulating the petition, taken and subscribed before a person qualified to administer an oath to the effect that the petition was signed by each of the signers thereof in the handwriting of the signer.

Sec. 5. Canvassing authority certification.

Upon receiving a nominating petition and statement of acceptance of any candidate, the canvassing authority of the town shall then certify to the validity of any petition having a sufficient number of proper signatures. The canvassing authority shall certify a list of candidates and shall cause to be published in one or more newspapers having a general circulation in the town, the names and addresses of the candidates who have duly filed valid nominating petitions and acceptances.

Sec. 6. Ballot arrangement.

The ballot for town elections shall contain the names of the candidates arranged by the offices to be voted for and listed alphabetically under the title of the office. No name or designation shall appear upon the ballot other than the name and address of each candidate.

Sec. 7. Primary election procedures.

A primary election to determine the candidates to be voted upon at the subsequent town election, whether regular or special, shall be held twenty~~-eight (28) days prior to the date of the regular or special town election.~~ in accordance with state law.

At the primary election the number of candidates equal to twice the number of places to be filled at the regular or special town election who shall receive the greatest number of votes shall be declared nominated as candidates for office.

An additional candidate or candidates beyond the limitation imposed by Section 7 of this Charter shall be declared nominated at the primary election whenever a candidate receiving the least number of votes qualifying him as a candidate for office shall receive the same number of votes as another candidate or candidates. In such event, all candidates receiving the same number of votes shall be declared nominated.

If the number of candidates certified for any elective office does not exceed twice the number of places to be filled at the election, then no primary election shall be held for such office.

Sec. 8. Declaration of elected candidates.

At any town election other than a primary election, the person or persons receiving the greatest number of votes for an office, not exceeding the number of persons to be chosen, shall be declared elected to the office.

The votes shall be counted and the result of the election declared by the canvassing authority of the town in the manner provided for other elections.

Sec. 9. Miscellaneous requirements.

The council by ordinance shall provide for nominations, primaries and elections for town offices or for questions on local matters, except as otherwise required by this Charter.

The residents of the town having the qualifications of electors in the state, shall be electors of the town.

No person may be a candidate for more than one elective office at any one town election.

Sec. 10. Board of canvassers and registration.

There shall be a bipartisan canvassing authority elected by the town council as provided by the constitution and laws of the state. The canvassing authority shall be vested with all the powers and duties now or hereafter vested by law in the canvassing authority or board of canvassers and registration of the Town of North Smithfield. All members of canvassing authority or board of canvassers and registration now in office shall continue in said positions as members thereof until the expiration of the term for which they were chosen.

State law references - For such powers and duties, see G.L. 1956 17-8-5; violation by board, statutory penalty, 17-8-8.

ARTICLE III. FINANCIAL PROVISIONS OF THE TOWN

Sec. 1. Fiscal year.

The fiscal year of the town government shall begin on the first day of July and shall end on the last day of June of each calendar year.

(Amend. of 11-7-89, 2)

Sec. 2. Submission of estimates.

(a) No later than the second Monday in January of each year, operating

budget requests shall be submitted to the Town Administrator by the head of each department, (excluding that of the school department), board or other agency whose activities are to be supported in whole or in part by town funds during the next fiscal year in accordance with Article VIII of the home rule charter.

(b) No later than the fifteenth day in February of each year, the school

department shall submit their operating budget requests to the town administrator.

~~Sec. 3. Budget committee.~~

There shall be a budget committee consisting of five (5) members who shall be appointed by the town council. Each member of the town council shall appoint one (1) member to the budget committee to serve for a term of two (2) years. Said appointments shall be effective from 8:00pm local time on the first day of December in each election year. A member shall be a person who is a qualified voter of the Town of North Smithfield and shall serve without compensation, but an appropriation for their actual expenses shall be made. In the case of a vacancy on the committee after the appointment of its members, such vacancy or vacancies shall be filled by the town council member who made the original appointment or replacement.

~~Amend. of 11-7-89, 2)~~

~~Sec. 4. Budget process and format.~~

~~The budget shall be prepared in accordance with the provisions of Article VIII of the home rule charter.~~

~~(Amend. of 11-7-89, 2)~~

~~Sec. 5. Submission of budget to the council.~~

No later than the second Monday in April of each year, the budget committee shall cause copies of the budget recommendations to be delivered to each member of the town council and shall file one copy of the town clerk to be available for public inspection. Recommendations shall include an estimate of funds on hand and obligations pending as of the beginning of the new fiscal year, estimates of revenue anticipated together with its revenue and tax proposals, recommended expenditures divided into an operating budget and capital budget and such supporting explanations and information as it may deem appropriate or the council shall have requested. In preparing the budget, the budget committee shall have the authority in consultation with the town administrator to alter the estimates submitted as it shall see fit.

~~Sec. 6. Capital budget consideration.~~

~~(a)~~ ~~All capital budget requests (excluding that of the school department)~~

~~shall be submitted to the planning board by the second Monday in January. They shall make their recommendation to the budget committee by March 12.~~

~~(b)~~ ~~The school department shall submit their capital budget requests~~

~~to the planning board no later than February 1.~~

~~(Amend. of 11-7-89,2; Amend. of 11-2-93)~~

Sec. 7. Hearing.

The council shall schedule a public hearing on the budget prior to adopting the budget.

(Amend. of 11-7-89,2; Amend. of 11-2-93)

Sec. 8. Final council consideration.

(a) Upon completion of the public hearing, the council shall take the results

thereof under consideration and shall make changes in the budget as it may feel appropriate. Final adoption of the budget shall be voted no later than June 30. certification of the budget shall be in accordance with Article VIII of the home rule charter.

(b) The town council shall have and exercise the powers vested in the town to

raise by a tax upon real and personal estates such sums of money as may be required to pay town debts and to defray the necessary charges and expenses of the town, and it also may assess, levy or impose any other taxes for the support of the town which may legally be assessed, levied or imposed.

pursuant to statutes now or hereafter in effect, of money in each financial year in anticipation of the receipt of the proceeds of the annual tax due or to become due in said financial year upon the ratable property in town. Tax anticipation notes shall be repaid within the taxable year for which they are borrowed.

(Amend. of 11-7-89, 2; Amend. of 11-2-93)

Sec. 9. Participation by the electorate.

Any qualified elector of the town may circulate a petition for the holding of special town meeting (as set forth in Article III, Section 10 of the home rule charter)

To reconsider items for expenditure in either the operating budget or the capital budget as finally approved by the council or to consider the insertion of a new item or items in the capital budget. Regarding the school budget, only the total sum appropriated for school purposes shall constitute an item subject to petition in this manner. Such petition shall be upon forms prepared and provided by the town clerk and shall enumerate the specific item or items to be reconsidered, the amount of the increase or decrease proposed or the new item proposed for insertion and its amount. All such petitions for the calling of special town meeting must be filed with the board of canvassers no later than one (1) week following the adoption of the final budget as provided in section 8 above.

(Amend. of 11-7-89, 2; Amend of 11-2-93)

Sec. 10. Special town meetings.

(a) The board of canvassers shall approve any such petition for the calling of

a special town meeting if it bears valid signatures of at least five hundred(500) qualified electors of the town. Upon the approval of any such petition or petitions, the board shall notify the town clerk to call a special town meeting. This notification must be made not later than two (2) weeks following receipt of the most recently submitted of the petitions approved.

(b) The town clerk shall fix the date of such special town meeting so that it

shall be held not later than two (2) weeks following notification by the board of canvassers and shall cause notice to be given to the electors of the town in the manner prescribed by law for such meetings. The warrant shall only include the item or items and amounts enumerated in the petition or petitions requesting the meeting, and no business other than those specific items and amounts shall be in order. All items enumerated in valid petitions shall be considered at a single town meeting. The decisions of any such special town meeting respecting the item or items it was called to consider shall be final and binding on the council, the town administrator and all others concerned.

constitute a quorum at any special town meeting. All questions shall be decided by a majority of the votes of the qualified electors present.

(d) In no case may the operating budget of a department or agency be

increased by a special town meeting above the total amount of said budget as submitted to the council by the budget committee.

(e) No town meetings shall be called or held except in accordance with the

foregoing provisions of this article. At special town meetings held in accordance herewith, the president of the town council shall preside. Such special town meetings shall be conducted in accordance with applicable provisions of state law not inconsistent with this charter.

(f) No town meetings shall be called or held except in accordance with the

(g) If no petition shall have been filed with the board of canvassers within the

time limit set in section 9 hereof or if no petition so filed is approved by the board under the terms of subsection (a) of this section, the budget shall stand as adopted pursuant to section 8 hereof.

(Amend. of 11-7-89, 2)

Sec. 11. Bond issues.

The electors of the town otherwise qualified to vote in any general or special election in the town may at a regular or special election authorize the issuance of bonds pursuant to the statutes now or hereafter in effect.

(Amend. of 11-7-89, 2)

ARTICLE IV. TOWN COUNCIL

Sec. 1. Number, selection, terms.

The town council shall consist of five (5) members elected from the town at large, each to serve for a term of two (2) years, such term to begin on the first day of December next following their election, or until their successors are elected and qualified.

Option - Number, selection, terms.

The town council shall consist of five (5) members elected from the town at large by the electors of the town as hereinafter provided at the regular biennial elections held on the first Tuesday after the first Monday in November. At the 2006 election, the three (3) candidates who, among the five (5) winning candidates, receive the most votes, shall be elected to serve for terms of four (4) years, and the two (2) candidates who, among the five (5) winning candidates, receive the fewest votes, shall be elected to serve for terms of two (2) years. At the 2008 election, and every fourth year thereafter, two (2) members shall be elected to serve for terms of four (4) years (and thereafter until their successors are elected and qualified), and at the 2010 election, and every fourth year thereafter, three (3) members shall be elected to serve four (4) year terms (and thereafter until their successors are elected and qualified).

Sec. 2. Qualifications.

Members of the town council shall be qualified electors of the town.

Sec. 3. Vacancies.

Any vacancy in the membership of the town council may in the discretion of said council be filled for the unexpired term, except that if a vacancy in the council shall occur more than one year prior to the time for the holding of an election, the council shall, within thirty (30) days after the vacancy occurs call a special election for the purpose of filling such vacancy.

Sec. 4. Presiding officer.

At its organization meeting, upon the election of a new town council, the town council shall elect one of its members as town council president. The president shall preside at meetings of the council, but he shall have no administrative duties. Such office shall not deprive the council president of his vote on any question. At said meeting, the council shall elect from its members a president pro tempore who shall perform the duties of the president in the absence or disability of the president.

Sec. 5. Compensation.

The president of the town council and the members shall receive such annual compensation as the council shall fix by ordinance, ~~and shall be approved by the electors at the annual financial town meeting~~ provided that no change in compensation shall take effect until after the next biennial election and installation of town councilmen.

Sec. 6. 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. At least forty-eight (48) hours' notice of the holding of an adjourned meeting shall be given all members who were not present at the meeting from which the adjournment was taken.

Section 7. Meetings.

The first meeting of the newly elected town council for induction into office and organization shall be held at 8:00pm on the first day of December. Thereafter, the town council shall meet regularly at such time and at such place as may be prescribed by its rules but not less frequently than once each month. A special meeting of the town council shall be called by the town clerk at the request of the town council president or a majority of the members of the town council. Notice of a special meeting shall be given to each member at least forty-eight (48) hours previous to the time of such meeting. The town council may meet upon shorter notice by unanimous consent of all its members which shall be entered in the record of proceedings. The purpose of a special meeting shall be stated in the notice of the meeting and no business shall be transacted at any special meeting other than that which has been stated in the notice. All meetings of the town council shall be open to the public, and citizens shall have a reasonable opportunity to be heard, except that this provision shall not be deemed to prevent the holding of executive sessions, provided that all votes are taken in public.

Section 8. Powers.

The town council shall be the policy determining body of the town. All powers of the town excepting such as may belong to the town meeting or to other agencies as provided in the Charter and by law, shall be vested in the town council. Without limitation of the foregoing grant or of other powers given to it by this Charter, the town council shall have the power:

1. To determine its own rules and order of business and keep a journal of its proceedings which shall be open to public inspection in the office of the town clerk;

2. To judge the eligibility of its own members subject to review by the courts on questions of fact and law;

3. To enact, amend or repeal rules, ordinances and resolutions for the government of the town which have to do with the preservation of the public peace, health, safety, welfare and comfort of the inhabitants and the protection of persons and property, and other municipal functions. The town council may provide reasonable penalties in accordance with the law for the violation of any ordinances;

4. To create, change, and abolish departments, offices and agencies other than those established by this Charter and distribute the work among them, and assign additional functions or duties to departments, offices, and agencies established by or under this Charter, but may not discontinue or assign to any other department, office or agency, any function or duty assigned by this Charter to a particular department, office or agency;

5. To inquire into the conduct of any office or officer, department or agency of the town.

6. To fill all vacancies in all elective or council appointive offices, boards and commissions for the remainder of the respective terms thereof except as specifically provided otherwise in this Charter;

7. To establish by ordinance the compensation that may be paid to all elective or appointive officers and employees, including board and commission members of the town and stipulate the amount in each instance, except where specifically provided otherwise in this Charter;

8. To provide by ordinance for a personnel classification system in conformity with provisions of this Charter and applicable general and special laws;

9. To act as a board of personnel review in receiving, considering and disposing of appeals from dismissals, suspensions, demotions, transfers and layoffs of appointive officers and employees of the town.

10. To provide rules and regulations with respect to vacations of town officials and employees, except those of the school department;

11. To fix the amount of the official bonds of all officers of the town who in the opinion of the town council should be bonded, the premium of such bonds to be paid by the town.

12. To approve the annual budget after a public hearing;

13. To amend budget recommendations submitted by the ~~budget committee~~ Town Administrator;

14. To take any action necessary to give effect to any vote of the town's electors at a regular or special election authorizing the issuance of bonds for any purpose and to complete all the details of the bond transaction;

15. To review any special assessment upon request of a property owner and order correction or confirmation of same;

16. To enact and amend, as prescribed by statute, the zoning ordinance.

17. To elect such number of constables to serve civil process as it shall from time to time determine and charge and collect for licenses issued to such constables such fees as the town council shall fix by ordinance but such fees shall not be less than five dollars ($5.00) nor more than twenty-five dollars ($25.00);

18. To grant, suspend or revoke licenses in accordance with law;

19. To provide for the audit at any time of the accounts of the town or any of its departments and to provide for an annual audit as hereinafter prescribed;

20. To enact and amend ordinances relating to the town's property, affairs and government not inconsistent with the state constitution and laws;

21. To issue subpoenas to compel witnesses to testify and produce records as prescribed by law;

22. To appoint committees of the council which may investigate and report on any matter referred to it and make a recommendation thereon but no committee shall have any executive or legislative powers and all matters shall be determined by the council as a whole.

(Amend. of 11-4-75; Amend. of 11-7-89, 3)

Sec. 9. Probate Court.

(1) Authority: The powers and duties of a probate court for the town shall be exercised and performed by a judge of probate.

(2) Appointment: The town council by resolution shall appoint a judge of probate to serve for a term of office concurrent with that of the council and until his successor is appointed and qualified.

(3) Qualifications: The judge of probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state, with preference given to a qualified elector of the town.

(4) Acting probate judge: In the absence, disability or disqualification of the judge of probate so that he is unable to perform his duties, the town solicitor shall serve as acting judge of probate and when so serving shall have and exercise all the powers and duties of the judge of probate; provided that, if the vacancy caused by the absence of the judge of probate is to be or has been more than ninety (90) days, the town council by resolution shall appoint another judge of probate to fill out the unexpired term.

(5) Clerk of probate court: The clerk of probate court shall be the town clerk. All fees paid into the probate court shall inure to the benefit of the town and shall be paid over to the director of finance by the clerk of the probate court.

(6) Compensation: The town council shall determine and fix the salary of the judge of probate.

(7) Sessions: The sessions of the probate court shall be held at least once each month.

ARTICLE V. TOWN ADMINISTRATOR

Sec. 1. Election and term.

There shall be a fulltime town administrator who shall be elected at the regular town election for a term of ~~two (2)~~ four (4) years and until his/her successor is elected and qualified. The term of the town administrator shall begin on the first day of December next following his/her election on the first Tuesday of November of ~~odd numbered years~~ even numbered years.

Sec. 2. Qualifications.

The town administrator shall be a legal resident and qualified elector of the Town of North Smithfield.

Sec. 3. Compensation.

The town administrator shall receive a minimum salary of ten thousand dollars ($10,000.00) or such other salary as may be prescribed ~~by ordinance~~ by the town council, but his/her salary shall not be changed after the filing of nomination papers for the office or during the term of office for which he/she was elected.

Sec. 4. Absence or disability.

To perform his/her duties during his/her temporary absence or disability, the town administrator may designate by letter filed with the town clerk, a qualified present administrative officer of the town. In the event of failure of the town administrator to make such designation, the council may by resolution, appoint a present officer of the town to perform the duties of the town administrator until he/she shall return or his/her disability shall cease. While serving as acting town administrator, said designated officer shall not make any appointments or removals, other than temporary appointments.

Sec. 5. Vacancy.

In the event of a vacancy in the office of the town administrator, caused by resignation or death, the town council shall appoint a legal resident and a qualified elector of the town to fill such vacancy if less than six (6) calendar months remain until a regular election. If the time between the occurrence of said vacancy and the next regular election is six (6) months or more, the town clerk shall call a special election in the manner prescribed by law, to fill said vacancy in the office of the town administrator.

If the vacancy is caused by disability or absence from work of the town administrator, such disability or absence being for at least sixty (60) consecutive days,

such vacancy if not created by resignation or death of the town administrator, may be declared by the town council upon the recommendation by a commission composed of five (5) persons, viz., the judge of probate, the town clerk, the town solicitor, the president of the town council, and a fifth member who shall be a physician chosen by the town council.

Sec. 6. Powers and Duties.

The town administrator shall be the chief executive and administrative officer of the town and shall be responsible for the administration of all departments, offices, and agencies except as otherwise provided by this Charter. To accomplish this purpose he/she shall:

1. Appoint and remove for cause any officer or employee of the town, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such departments or office;

2. Notify the town council of all his/her appointments, which shall be in writing and filed with the town clerk within five (5) days of the appointments;

3. Supervise, control, and direct the activities and operations of all departments and administrative officers of the town within his/her jurisdiction and review all rules and regulations of the various departments and administrative officers and only upon his/her approval shall they become effective;

4. Enforce or cause to be enforced the laws and ordinances of the town.

5. See that the terms and conditions imposed in favor of the town in any contract or franchise are faithfully kept and performed and be responsible for the care and preservation of property and equipment of the town.

6. Negotiate contracts on behalf of the town with the approval of the town council;

7. Prepare a budget annually, and submit it to the ~~budget committee~~ town council.

8. Prepare and submit to the town council a comprehensive annual report of the financial transactions and administrative activities of the town within sixty (60) days after the close of each fiscal year, and prepare and make available for distribution to the public, within ninety (90) days after the end of each fiscal year, an annual report on town affairs, and keep the town council advised periodically of the financial conditions and needs of the town and make such recommendations as he/she may deem necessary;

9. Recommend and introduce to the town council such measures as he/she may consider necessary and expedient for enactment.

10. Possess and exercise the item veto power in the following manner: Every ordinance enacted by the town council shall be submitted forthwith to the town administrator who within ten (10) consecutive days either shall approve the ordinance in whole or in part by affixing his/her signature or shall return the ordinance in whole or in part to the town council with his/her disapproval by transmitting it to the town clerk with a statement of his/her objections. No ordinance shall take effect without the approval of the town administrator unless the town council upon reconsideration, shall approve the ordinance by vote of three-fifths (3/5) of its members, notwithstanding the disapproval of the town administrator. If the town administrator shall neither approve or disapprove the measure within ten (10) consecutive days from the time when it was submitted to him/her, it shall be deemed to be approved and enacted.

11. Have power and authority to declare a state of municipal emergency in the event of a disaster, catastrophe or other similar event, or the imminent danger thereof, which endangers the health, safety, or resources of the people of the town and to take such lawful action as he/she deems necessary to protect the health, safety and security of the town and its people;

12. Be recognized as official head of the town government for all ceremonial purposes and by the Governor for purpose of military law;

13. Perform such other duties as may be required of him/her by ordinance or resolution of the town council.

14. If the town administrator is unable to perform his/her duties, a list previously provided by the said town administrator will be used to temporarily replace him/her in the event of a state of emergency ie., pandemic. This certified list shall be approved by the town council and recorded in the office of the town clerk.

ARTICLE VI. TOWN SOLICITOR

Sec. 1. Appointment.

There shall be a town solicitor who shall be appointed by ~~a majority of the town council~~ the town administrator to serve ~~for a two-year term.~~ for a term to be co-terminus in conjunction with the appointing town administrator. (Amend. of 11-4-75; Amend. of 11-3-87)

Sec. 2. Qualifications.

The town solicitor shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state at least three (3) years prior to his/her appointment with preference given to a qualified elector of the town. He/she shall not hold any other office in the town government except that of acting judge of probate when so necessary. (Amend. of 11-3-87)

Sec. 3. Compensation.

The town solicitor need not be required to devote full time to the duties of his/her office. He/she shall receive such compensation as shall be set by the town council. (Amend. of 11-3-87)

Sec. 4. Duties.

(1) The town solicitor shall be the attorney for the town and legal advisor to the town administrator, town council, and all other departments except the school department, offices and agencies of the town. He/she shall appear for and protect the rights of the town in all actions, suits or proceedings, civil or criminal, in law or equity, brought by or against it or for or against any of its departments, officers or agencies and shall perform such other duties appropriate to his/her office as the town administrator and town council may require.

(2) The town solicitor shall examine and approve the forms of all ordinances and resolutions and the forms of all invitations for bids, contracts and other legal documents sent out by any department, office or agency of the town.

(3) All written legal opinions furnished to the town administrator, the town council and all departments, offices and agencies of the town shall be filed with the town clerk and become a public record. (Amend. of 11-3-87)

Sec. 5. Special powers.

This section [article] shall not be deemed to abridge such special powers as are now and hereafter conferred upon town solicitors by law. (Amend. of 11-3-87

ARTICLE VI 1/2. SCHOOL DEPARTMENT SOLICITOR

Section 1. Appointment.

There shall be a school department solicitor who shall be appointed by a majority of the school committee to serve for a two-year term. (Amend. of 11-3-87)

Section 2. Qualifications.

The school department solicitor shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state at least three (3) years prior to his/her appointment with preference given to a qualified elector of the town. He/she shall not hold any other office in the town government except that of acting judge of probate when so necessary. (Amend. of 11-3-87)

Section 3. Compensation.

The school department solicitor need not be required to devote full time to the duties of his/her office. He/she shall receive such compensation as shall be set by the school committee. (Amend. of 11-3-87)

Section 4. Duties.

(1) The school department solicitor shall be the attorney for the school department and legal advisor to superintendent of schools, the school committee and all other departments, offices and agencies of the school department. He or she shall appear for and protect the rights of the school department in all actions, suits or proceedings, civil or criminal, in law or equity, brought by or against it for or against any for or against any of its departments, officers or agencies and shall perform such other duties appropriate to his or her office as the school committee may require.

(2) The school department solicitor shall examine and approve the forms of all ordinances and resolutions and the forms of all invitations for bids, contracts and other legal documents sent out by any department, office or agency of the school department.

(3) All written legal opinions furnished to the superintendent of schools, school committee and all offices and agencies of the school department shall be filed with the town clerk and become a public record. (Amend. of 11-3-87)

Section 5. Special powers.

This section [article] shall not be deemed to abridge such special powers as are now and hereafter conferred upon town [school department] solicitors by state law. (Amend. of 11-3-87)

ARTICLE VII. DEPARTMENT OF FINANCE

Sec. 1. Organization.

There shall be a department of finance, the head of which shall be the director of finance who shall be appointed by the town administrator. Further organization of this department shall be as stated in this charter and by ordinances enacted by the town council to the end that the essential processes in the finances of the town, namely, control and accounts, purchasing, assessment of property, collection of taxes and other revenues and payments may be properly administered.

(Amend. of 11-4-75)

Sec. 2. Director of finance.

The office of the director of finance shall be a full-time position and the director of finance shall serve as the town treasurer, the tax collector and the town auditor and, subject to the provisions of this charter and of ordinances enacted by the town council, he/she is hereby vested and shall have and exercise all the powers and duties now and hereafter vested by law in town treasurers, in tax collectors and in town auditors, and he/she shall have and exercise all the powers and duties vested by this charter in the office of director of finance and in the department of finance or that may be vested hereafter in said office of director of finance and said department of finance by resolution, ordinance or law and heshe shall have charge of the administration of the financial affairs of the town.

(1) Qualifications. The director of finance shall be the chief financial officer of the town and shall have had such training and experience in accounting, budgeting or management, either in public or private business, as will qualify him or her for duties which he or she is required to perform.

(2) Compensation. The director of finance shall receive such annual compensation as may be set by a vote of the town council, unless the duties of said office shall be performed by the town administrator.

(3) Powers and duties: The director of finance shall:

§ Cooperate with the town administrator and the budget committee in compiling the expenditure and revenue estimates for the budget;

§ Collect and receive all taxes and special assessments for the collection of which the town is responsible. He/she shall have all the powers, rights and duties prescribed under the general laws for tax collectors;

§ Receive all license fees, rents, funds, money receivable by the town from the state and/or the federal government, and from the court and from any department, office and agency of the town, except as otherwise provided in this Charter.

§ Pursuant to and in accordance with the general laws the director of finance annually shall conduct a sale of all properties upon which taxes remain unpaid for a period of ~~two (2)~~ one (1) year or more;

§ Have custody of all public funds belonging to or under the control of the town, or any department, office and agency of the town government, including the school department, and shall deposit all funds coming into his hands in such depositories as may be designated by resolution of the town council, or, if no such resolution be adopted by the town council, in such depositories as he/she may choose, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the town and shall be accounted for and credited to the proper accounts;

§ Have custody of all investments and invested funds of the town or in the possession of the town in a fiduciary capacity, and have the safekeeping of all bonds and notes of the town and the receipt and delivery of town bonds and notes for transfer, registration or exchange;

§ Exercise control over all expenditures by pre-auditing all bills, invoices, payrolls or other evidences of claims or charges against the town and seeing that budget appropriations are not exceeded by disbursements in any department, office or agency of the town.

§ Pay out the funds by check such payments being made only after compliance with provisions of directly above, and authorization by the town council.

§ Prescribe and maintain an accounting system for the town government, and adopt and require standard accounting procedures for all departments, offices and agencies of the town, including the school department, which accounts shall include the amounts of all appropriations, and the amounts paid from each, and show in reasonable detail the persons to whom and the purposes for which the payments were made, the unpaid obligations against each and the unencumbered balances and require reports of receipts and disbursements from each receiving and spending agency of the town government, including the school department, to be made monthly or at such more frequent intervals a the town council may ordain;

§ Prescribe uniform forms of receipts, vouchers, bills and claims to be used by all departments, offices and agencies of the town, including the school department.

§ Prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the town for submission to the town administrator and the town council; it being the duty of the town clerk to make sufficient copies for all departments.

§ Prepare and submit within ninety (90) days after the end of each fiscal year, a complete financial statement and report, in accordance with state law, for submission to the town administrator, the town council and the taxpayers of the town;

§ Perform the work of buying for the town pursuant to rule and regulations established by ordinance according to which he/she, or an officer appointed or designated by him/her shall purchase or contract for all supplies, materials and equipment required by any department, office or agency of the town; establish and enforce specifications with respect to supplies, materials and equipment; be responsible for the inspection of deliveries of supplies, materials and equipment belonging to the town; store, if necessary, and distribute all supplies, materials and equipment required by any department, office and agency; transfer to or between departments, offices and agencies surplus, obsolete and unused supplies, materials and equipment, and subject to the approval of the town council, dispose of any such, by sale if possible.

§ Be authorized to borrow tax anticipation notes up to eighty (80) percent of the operating budget with the approval of the town council.

Whenever any department, office or agency of town shall purchase or contract for any supplies, materials, equipment or contractual services, independently and contrary to the provisions of this charter or the rules and regulations made thereunder, such order or contract shall be voidable by the town.

The town shall be allowed to enter into lease/purchase agreements as contractual obligations and to annually appropriate a sum sufficient to pay both principal and interest, subject to council approval.

(Amend. of 11-4-75; Amend. of 11-3-87)

Sec. 2.1. Debt limitation without referendum.

No bonded indebtedness may be incurred pledging the credit of the town in excess of two hundred thousand dollars ($200,000.00) in any one fiscal year unless submitted to a vote of the electors of a general election or special election referendum and approved by a majority of electors voting at said election, provided however, that this limit shall not apply to borrowing in anticipation of tax receipts, to be repaid within the same fiscal year.

Sec. 3. Competitive bidding.

Except in the case of contracts for professional services, before the town makes any purchase of, or contract for supplies, materials, equipment or work to be performed in excess of ~~one thousand dollars ($1,000.00)~~ an amount set by the town council biannually at the first regularly scheduled meeting following inauguration shall be authorized except after competitive bidding, provided, however, that this restriction shall not apply to contracts for professional services. Potential suppliers or contractors shall be notified publicly to submit bids in such a manner and under such general rules and regulations as the town council may prescribe by Ordinance. All such purchases and contracts shall be awarded to the lowest qualified bidder except that the finance director may be directed by the town administrator to reject all bids and re-advertise. No transaction which is essentially a unit shall be divided into a series of orders for the purpose of circumventing this requirement. All such purchases or such contracts for more than one thousand dollars ($1,000.00) be awarded to the lowest responsible bidder, except that the purchasing authority may be directed b the town council to reject any or all bids and then to re-advertise for bids, or go onto the open market. A performance bond shall be required of any successful bidder in such amount and with such surety as the town council may specify or ordain. No transaction which is essentially a unit shall be divided into a series of orders for the purpose of circumventing the requirement of this Charter for competitive bidding. Bids, specifications and all other factors being equal, preference shall be given to the bidder whose place of business is in the town. It is understood that contracts not in excess of one thousand dollars ($1,000.00) for "public works" as defined in section 37-13-1 of the general laws entitled "Labor and payment of debts by contractor" are not included in the requirement for competitive bidding, but any such contracts in excess of one thousand dollars ($1,000.00), although not requiring formal bids, may only be authorized after securing three (3) firm quotations from qualified vendors. It is further provided that purchases between one hundred dollars ($100.00) and one thousand dollars ($1,000.00), although not requiring formal bids, may only be authorized after securing three (3) firm quotations from qualified vendors.

Sec. 4. Tax assessors.

There shall be within the department of finance a full-time tax assessor who shall be appointed by the town administrator. The tax assessor shall have knowledge of and experience in the appraisal of real and personal property and while serving as tax assessor, shall have no other business interests. The tax assessor shall be responsible for the fixing of an assessed valuation for the purposes of taxation on all taxable real estate and personal property and for the preparation of an assessment roll and a tax roll for the town in the manner provided by law and ordinance. The tax assessor shall receive such compensation as may be fixed from time to time by the town council.

Sec. 5. Board of assessment review.

(1) Appointments: There shall be a board of assessment review consisting of

three (3) members appointed by the council for a term of three (3) years. The members first appointed shall serve for terms of one (1), two (2) and three (3) years respectively. Vacancies shall be filled by the council for the unexpired term. If a member of such board shall cease to be a resident, his/her office shall thereby become vacant.

(2) Duties: The board of assessment review shall hear and consider the

appeal of any property owner concerning the amount of his assessed valuation as determined by the assessor. The board shall keep an accurate record of its proceedings which shall be available for public inspection.

(3) Correction in assessment: If it shall appear that the valuations of any property has been erroneously or incorrectly assessed, the board shall have authority to order a correction. Such determination shall be certified by the board to the assessor whose duty it shall be to make such corrections in the valuation as the board may determine. If the tax roll has been certified by the assessor, he/she shall transmit the findings of the board to the council, which may cancel in whole or in part the tax based on such valuation in order to effect a correction.

(4) Procedure: The town council shall provide by ordinance for the

organization and procedure of the board of assessment review and for the manner of receiving, considering, and disposing of appeals.

(5) Right of appeal: The taking of an appeal to the board of assessment

review or any action thereon shall not be construed to limit or restrict the right of any taxpayer to apply to a court of competent jurisdiction for relief from any assessed valuation or tax originally determined by the assessor.

Sec. 6. Tax revaluation survey.

The town shall provide for an evaluation of all property subject to taxation under the general and public laws of this state, except motor vehicles, trailers, boats, airplanes and similar mobile equipment and intangibles at least every tenth year thereafter by an independent qualified appraisal firm.

ARTICLE VIII. THE BUDGET

Sec. 1. Fiscal year.

The fiscal year of the town government shall begin on the first day of July and end on the last day of June of each calendar year unless a uniform fiscal year for all cities and towns shall be established by state law. Such fiscal year shall also be the budget and accounting year. As used in this Charter, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

Sec. 2. Budget, general.

The budget shall provide a complete financial plan for the budget year. It shall contain four (4) parts:

The budget message prepared by the town administrator, giving a general summary of the principal sources of anticipated revenue with amounts to be raised from each source, and of the principal objects of expenditure with amounts to be expended on each object, making clear how expenditures are to be kept within income, and comparing the general estimates for the coming year with the corresponding figures for the past year and the year in progress;

Detailed estimates of all anticipated revenues applicable to proposed expenditures together with supporting information such as, for example, a statement of the town's bonded indebtedness, showing the amount of bonds outstanding and the amount authorized but unissued, the condition of the sinking funds, the total borrowing capacity of the town, and other relevant information on revenues and expenditures;

Drafted bills prepared by the town administrator, for appropriations, revenues and borrowing if necessary, putting the details of the budget plan into proper legal form ready for action by the legislating body;

A copy of the independent auditor's opinion and auditor's management recommendations shall be included in the budget report.

The total of such anticipated revenues shall at least equal the total of such proposed expenditures.

(Amend. of 11-3-87)

Sec. 3. Preparation of the budget.

The town administrator shall annually assemble the budget requests of all departments and agencies. He/she shall receive from the head of each department and agency, including all private corporations, an estimate of the amount necessary to carry on its work during the coming year. These estimates accompanied by a statement of recommendations from the town administrator shall be presented to the budget committee by the third Monday in February. The budget committee shall prepare its budget recommendations for submission to the town council pursuant to Article III of the town charter. In performing this duty, the budget committee shall exercise these powers: It shall elect a chairman, a vice-chairman, and secretary of the committee and shall adopt its own rules and order of business; it shall receive from the town administrator said statement of the budget requests for all departments and agencies; it shall investigate the recommendations of the various departmental budget requests, including the budget requests of the school committee, and may request the director of finance with the head of any of the departments and the head of any other board, office or agency supported wholly or in part by town funds to explain their estimates and recommendations. In preparing the budget, the budget committee may confer with the town council and may hold one or more public hearings in preparing the budget at which department heads and/r their designee and those requesting funds shall be in attendance. The budget committee shall present a budget message of explanation to accompany their budget recommendations to the town council pursuant to Article III of the town charter.

Sec. 4. Procedure for budget committee

The budget committee shall hold its first meeting for the consideration of a recommended annual budget for the Town of North Smithfield for the fiscal year then next ensuing not later than the fifteenth day of January in each year unless such day should fall upon a Sunday or legal holiday; in which event, said first meeting shall be held not later than the first business day thereafter. The budget committee shall promulgate at its organizational meeting rules and regulations governing its operations and procedures, and said rule and regulations shall be approved by the town council. The budget committee shall complete its consideration of the budget, including all necessary conferences with the town council, the town administrator, department representatives, citizens and private corporations, not later than the second Monday in April in each year and shall annually on said date publish its recommended budget and budget message by filing two (2) copies thereof with the town clerk, one for posting and public inspection in the town clerk's office and the other copy thereof for the use of the town officers. The town clerk shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons.

The budget committee recommendations shall be considered final at this time. The published budget shall be available for distribution and released from town hall upon request five (5) business days prior to the final hearing pursuant to section 8 of Article III of the home rule charter.

~~(Amend. of 11-3-87; Amend. of 11-7-89, 4; Amend. of 11-2-93)~~

Sec. 5. Budget format.

In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amounts of such items actually received during that year, the amount of each such item in the budget of the current fiscal year, and the amount actually received to the time of preparing the budget plus receipts for the remainder of the current fiscal year estimated as accurately as may be.

In parallel columns opposite the several items of proposed expenditures, there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amounts of such items actually expended during such year, the amount of each such item in the budget of the current fiscal year and the amount actually expended to the time of preparing the budget plus the expenditures for the remainder of the current fiscal year estimated as accurately as may be.

The estimates of receipts for all departments shall be detailed by source. The estimates of expenditures shall be detailed by departments and the principal subdivisions thereof, offices, boards, commissions and agencies of the town and shall show for each such unit the requested amount broken down by personal service, contractual service, materials and supplies, fixed charges and capital outlays.

~~Sec. 6. Submission of budget.~~

The budget committee shall submit its printed report comprising the budget and budget message to the town council and shall make it recommendations for expenditures and for taxes or other revenues which will be necessary to pay such expenses.

~~(Amend. of 11-7-89, 4)~~

Sec. 7. Certification of detailed budget.

Within one week after the approval of the budget by the town council, the town council shall certify to the treasurer, town administrator and president of the town council the detailed budget or work sheets upon which each item of appropriation passed was presumably based, showing allotments by quarterly periods of the budget year. Any head of a department, office or agency, may, if he so desires, shorten the work program and requested allotments of appropriations submitted by him to the town administrator by incorporating therein specific references to the particular items in said detailed budget or work sheets shall not be considered as part of or in any way affecting the actual items of appropriation approved by the town council.

Sec. 8. Budget control.

The town administrator shall authorize all expenditures for the departments, offices and agencies to be made from the appropriations on the basis of approved allotments, and not otherwise. An approved allotment may be revised however during the budget year. If at any time during the first three (3) quarters of the budget year but ordinarily at the end of any quarterly period, the town administrator shall ascertain that the remaining, unexpended balance of appropriations for the year will be insufficient to cover the proposed work programs, he/she shall reconsider the work programs and allotments of the several departments, offices and agencies and revise the allotments other than the allotments of the school department, so as to forestall the making of expenditures in excess of appropriations. Provided, however, that the revision is within departments, offices and agencies. The town council during the last quarter of the budget year may revise allotments between departments, offices and agencies other than the allotments of the school department. If at any time during the budget year, the town administrator shall ascertain that the remaining unexpended balance of appropriations of the school department for the year will be insufficient to cover proposed work programs for the school department, he/she shall advise the school department to reconsider their work programs, and allotments and to revise their allotments so as to forestall the making by them of expenditures in excess of appropriations.

ARTICLE IX. TOWN CLERK

Sec. 1. Selection and term.

There shall be a town clerk who shall be appointed by the town administrator with the approval of the town council for an indefinite term. In the same manner and for an indefinite term whenever such appointment shall be necessary, there may be appointed a deputy town clerk who shall have all the powers to perform all the duties which are granted to the office of town clerk, being thereunto qualified by taking the oath of office.

Section 2. Powers and duties.

The town clerk shall be the clerk of ~~the financial town meeting,~~ the town council, clerk of the probate court, clerk of the board of canvassers, and the recorder of deeds. It shall be the duty of the town clerk to:

(1) Make a permanent record of all proceedings and certify by his/her signature all actions of the aforesaid bodies;

(2) Be custodian of the town seal and of the official documents and records of the town;

(3) Direct and supervise the recordings of deeds, mortgages, vital statistics, licenses and permits and such other records as shall by ordinance and law be required to be kept by the town clerk;

(4) Issue marriage licenses, burial permits and such other licenses and permits as are required by ordinance and law to be issued by the town clerk;

(5) Perform such other duties as may be prescribed by this Charter or by law pertaining to town clerks, and such other duties appropriate to his/her office as the town administrator and town council may require.

Sec. 3. Compensation.

The town clerk and deputy town clerk shall receive such annual salaries as shall be set by the town council. All fees collected by either the town clerk or the deputy town clerk shall be transmitted to ~~the town treasurer~~ the finance director and be deposited in the general funds of the town unless otherwise directed by the general laws of the state.

Sec. 4. Bond.

The town clerk and deputy town clerk shall respectively within fifteen (15) days of the time of being sworn into office give bond to ~~the town treasurer~~ the finance director with sufficient surety in such sum as the town council shall prescribe for the faithful performance of the duties of such office, the cost of said bonds to be paid by the town.

Sec. 5. Effective date of "selection and term".

All sections of this Charter relative to the office of town clerk shall become effective upon approval by the electors and validation by the General Assembly and after the first day of December following certification by the board of canvassers of the first officers elected under this Charter in November 1969, except that the "selection and term" of office of the town clerk as provided in this Charter shall not become effective until such time thereafter as any person presently holding said office who has qualified for permanent tenure in accordance with Public Laws, 1962, Chapter 238 shall either vacate said office or be removed for cause as provided therein.

ARTICLE X. DEPARTMENT OF PUBLIC WORKS

Sec. 1. Organization.

There shall be a department of public works, the head of which shall be a full-time director of public works, who by training and experience shall be qualified to administer the duties and responsibilities described herein, and who shall be appointed by the town administrator.

Sec. 2. Powers and duties.

The department of public works shall provide but not be limited to providing the functions and services of the town relating to streets, highways, sidewalks, bridges, watercourses, street lighting and storm sewers; for the collection and disposal of garbage and other refuse; for the construction, maintenance, repair and operation of all public buildings and properties, other than those of the school department, belonging to or used by the town; for building, electrical and plumbing permits; for regulation of weights and measures and for such other functions as may be prescribed by ordinance, whether they be performed by this department or by others under contract.

The department shall be divided into at least four (4) divisions, each of which shall be headed by the public works director or a person recommended by him and appointed by the town administrator. These divisions shall include the highway division, the engineering division, the parks and recreation division and the sewer and water division. Any organization of the department other than that provided herein may be made only by the town council by ordinance and upon recommendation of the town administrator.

(1) Highway division: This division shall be responsible for the construction, reconstruction, alteration, repair, and maintenance of all functions relating to highway use in the community and such other activities as shall be designated by the director of public works.

(2) Engineering division: There shall be a division of engineering at such time as the town administrator with the approval of the town council shall direct, with the duties and responsibilities of the division to be determined by the director of public works with the approval of the town administrator; provided, that the custody and care of engineering records and documents shall be assigned to this division and that it shall provide engineering services to other town departments.

(3) Sewer & water division: There shall be created a division of water at such time as the town administrator with the approval of the town council shall direct and it shall be self-sustaining. The duties and powers of said division shall include, but shall not be limited to the following:

§ To provide sewer services within the town.

§ To provide water services within the town.

(4) Parks and recreation division: There shall be created a division of parks and recreation at such time as the town administrator with the approval of the town council shall direct. This division shall be responsible for the operation and management of public parks and other recreational properties and equipment within the town, except those under the jurisdiction of the school department. To assist the administration and development of parks and recreational facilities within the town there shall be created an unpaid advisory commission of parks and recreation, the organization, duties and responsibilities of which shall be determined by town ordinance as recommended by the town administrator. (Amend. of 11-75)

Sec. 3. Compensation.

The compensation of the director of public works and division heads shall be

established by the town council by ordinance.

Sec. 4. Fees.

All fees from permits and any other revenues collected by the department of public works shall be forwarded regularly to the ~~town treasurer~~ finance director.

ARTICLE XI. DIRECTOR OF PUBLIC SAFETY

Sec. 1. Office.

There is hereby created the office of the director of public safety whose duties shall be performed by the town administrator, or a person appointed by him.

Sec. 2. Police department.

(1) Organization: Within the office of public safety there shall be a police department the head of which shall be the chief of police who shall be a police officer with at least three (3) years experience above the rank of patrolman in any organized police department or any other law enforcement agency providing equivalent experience with preference given to a qualified elector of the town. He/she shall be appointed by the town administrator for an indefinite term and shall be subject to removal by the town administrator, in accordance with provisions of this Charter.

All police officers below the rank of chief of police, shall be appointed or promoted as the case may be by the town administrator upon the recommendation of said chief, provided they shall have satisfactorily passed such qualifying tests as the town council shall have established by ordinance. They shall hold their respective offices, during good behavior, until vacated by death, resignation or retirement or until they shall be removed by the town administrator, in accordance with provisions of this Charter. Before their permanent appointment, all members of the police force shall have served for a period of not less than one year in a probationary status during which period they may be removed at any time by the town administrator upon recommendation of the chief of police, with or without cause.

In addition to the members of the permanent police force, the chief of police may from time to time appoint additional special policemen for occasional services and for limited terms who shall serve at the pleasure of the chief of police.

The further organization of the department into divisions or offices or grades shall be made by the town council on recommendation of the town administrator after conferring with the chief of police.

(2) Powers and duties: The police department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, regulation of traffic, and the enforcement of the laws of the state and the ordinances of the town and rules and regulations in accordance therewith. The chief of police and other members of the department shall have all the powers and duties as are now and hereafter vested in such police officers by the

laws of the state and the town ordinances.

The chief of police shall be in direct command of the police force and shall, subject to the approval of the town administrator and town council, make rules and regulations concerning the conduct of all officers and subordinates. He shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their training, efficiency, discipline and good conduct. He shall also be responsible for all town property in his custody. The uniforms of the members of the police force shall be of such material and style as the chief of police shall designate. In the absence or disability of the chief of police the next highest ranking officer shall have all the powers and perform all duties of the chief.

(3) Present employees continued in office: All permanent police officers, including the chief of police ~~deputy chief~~ presently in the service of the Town of North Smithfield who have served for a period of one year prior to the adoption of this charter shall hold their respective offices during good behavior, until vacated by death, resignation or retirement, or until they shall be removed by the town administrator in accordance with the provisions of this Charter.

Sec. 3. Fire department.

(1) Authorization: Also within the office of public safety, there may be created a fire department by action of the town council ~~with approval by the annual financial town meeting.~~

[(2) Chief:]* The chief of this fire department shall have training and experience in the service sufficient to qualify him for the responsibilities of such office and shall be appointed by the town administrator for an indefinite term and shall be subject to removal in accordance with the provisions of this charter.

[(3) Firemen:]* Employees below the rank of chief shall be appointed in accordance with provisions set forth in the personnel code required under Article XIII of this charter.

*Editor's note - The words in brackets were inserted by the editor.

Sec. 4. Inspection division.

This division shall be headed by a full-time chief inspector who shall be appointed by the town administrator (in accordance with Title 23, General Laws of Rhode Island, 1956, as amended) and shall have, but not necessarily be limited to the following duties:

§ Issue all ~~building, electrical, plumbing, drainage and oil burner~~ permits in accordance with existing or future ordinances passed by the town council.

§ Post certificates of occupancy on new or remodeled structures.

§ Have a charge of enforcement and power to institute legal proceedings both civil and criminal, on behalf of the town for violation of ~~zoning, building, plumbing, drainage and oil burner ordinances~~ zoning ordinances and/or building codes.

§ Perform the duties and responsibilities of fence viewer, the zoning inspector and the minimum housing inspector.

§ Cooperate with the assessor's office by reporting promptly all permits issued for new construction and all permits for demolitions, renovation and additions to existing structures which automatically change the assessed value of such property, and

§ Be responsible for any additional duties and responsibilities as may be delegated to this division. (Amend. of 11-4-75)

ARTICLE XII. PLANNING BOARD

Sec. 1. Organization.

There shall be a planning board consisting of ~~five (5)~~ seven (7) members resident in the town. Members of this board shall be appointed by the town council for terms of five (5) years, except that the initial appointments shall be for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. Alternate members are appointed for a one (1) year term.

Two of the planning board members shall be alternate members designated as first and second alternates. These alternate members shall sit and shall actively participate in hearings. The first (1^st) alternate shall vote if a member of the board is unable to serve at a hearing and the second (2^nd) shall vote if two (2) members of the board are unable to serve at a hearing. In the absence of the first (1^st) alternate member, the second (2^nd) alternate member shall serve in the position of the first (1^st) alternate.

Any vacancy on the board shall be filled by the town council until the expiration of the vacated appointment. Any planning board member may be removed for due cause by the appointing authority following a public hearing. All members shall serve until their respective successors shall have been designated. The board shall organize annually by electing a chairman, vice-chairman, and a secretary. Members of the board shall serve without compensation but may be reimbursed out of appropriations for any expenses incurred in the performance of their duties.

Regular meetings of the board shall be held at least once a month on such days as the board may determine, and special meetings shall be held at the call of the chairman or on the written request of two (2) members.

A quorum of the board shall be at least four (4) members, at least three (3) of whom shall be regular members. All votes of the board shall be made part of the permanent record and shall show the members present and their votes. A decision by the board to approve any development or subdivision application shall require the affirmative vote of at least three (3) members, regular or alternate of the board, this being a majority of the current board membership. Provided, however, that when one or more regular members have recused themselves in writing due to a conflict of interest, a quorum may consist of two (2) regular members and two (2) alternate members, and any vote by such quorum to approve an application shall require four (4) votes in the affirmative. A denial of an application shall always require a separate vote with appropriate findings.

Sec. 2. Duties.

(1) Studies: The planning board shall make studies and prepare plans for the utilization of the resources and satisfaction of the needs of the town, with reference to its physical growth and development as affecting the health, safety, morals, and general welfare of the people and the economy and efficiency of community life. Such studies and plans may include, among other things, the following:

§ ~~The utilization of land for residential, commercial, industrial, public, institutional, and other purposes;~~

§ ~~The location and character of transportation routes, including railroads, highways, streets, sidewalks, bridges, terminals, heliports, and other facilities;~~

§ ~~The location and character of public facilities including offices, fire or police stations, schools, recreation areas, and other public places and structures;~~

§ ~~The location and character of public service and utility systems such as water supply, drainage, sewerage, street lighting and power or fuel transmission;~~

§ ~~Blighted areas including the designation of general areas for redevelopment or renewal;~~

§ ~~Environmental pollution: Air, land, and water;~~

§ ~~The conservation and utilization of natural resources including soil, ground or surface water, minerals, plant, and animal life, and topographic features;~~

§ ~~Historic sites or buildings;~~

§ ~~Survival from possible disaster; and~~

§ ~~The economic and sociological aspects of the town.~~

Sec. 2. Duties.

(1) The planning board shall make studies and prepare plans and reports on the needs and resources of the community with reference to its physical, economic, and social growth and development as affecting the health, safety, morals, and general welfare of the people. The studies, plans, and reports shall concern, but not necessarily be limited to the following:

§ Land use and land use regulation;

§ Transportation facilities;

§ Public facilities including recreation areas, utilities, schools, fire stations, and others;

§ Blighted areas including the designation of general areas for redevelopment, renewal, rehabilitation, or conservation;

§ Problems of housing and the development of housing programs;

§ Environmental protection;

§ Natural resource conservation;

§ Protection from disaster;

§ Economic and social characteristics of the population;

§ Preservation of historic sites and buildings; and

§ Economic development

The planning board shall prepare an annual capital budget and a comprehensive long range capital improvement program for submission to the council and the town administrator.

The planning board shall submit an advisory opinion and recommendation

on all zoning matters referred to it under the provisions of the city or town zoning ordinance and report on any other matter referred to it by the town council or town administrator.

The planning board shall perform any other duties that may be assigned to the board or commission from time to time by any act of the general assembly or by any ordinance, code, regulation order, or resolution of the town council.

The planning board has authority to call upon other departments, boards, and committees of the city or town and upon regional, state, and federal agencies for information and assistance necessary to the performance of its duties, and shall cooperate with the city or town, regional, state, and federal agencies on matters of community, regional, and state planning and development.

(2) Comprehensive plan: The board shall prepare and adopt a comprehensive plan for the development and improvement of the town. Such plan shall, among other things, show the proposed location and arrangement of the uses of the land; transportation routes; public facilities; utility systems; deteriorating or blighted neighborhoods planned for redevelopment, rehabilitation, or other improvement; natural resources and historic sites to be preserved; and disaster survival proposals. Such plan shall also include recommendations for the enactment of development controls deemed necessary to properly implement the features of the plan, such as zoning, subdivision control, official street map, minimum housing standards, pollution control, etc. No portion of the comprehensive plan or amendment thereto shall be adopted by the board without a public hearing, notice of which shall be published as a paid advertisement, in a newspaper of general circulation in the Town of North Smithfield, once a week for three (3) successive weeks

(2) Comprehensive plan: The planning board shall have the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for the town. The comprehensive planning program for all municipalities shall include:

§ Conduct of public hearings and any other methods to solicit and strongly encourage citizen input into the comprehensive planning process; and

§ Preparation of the comprehensive plan, including the implementation program component, and recommendations to the municipal legislative body regarding the adoption of the plan or amendment.

In order to encourage citizen participation in the comprehensive planning process, the planning board is directed to adopt comprehensive plans only after soliciting and considering public input. Public hearings by the planning board and the municipal legislative body is required to be held prior to the adoption of the comprehensive plan. No portion of the comprehensive plan or amendment thereto shall be adopted by the board without a public hearing, notice of which shall be published as a paid advertisement, in a newspaper of general circulation in the Town of North Smithfield, once a week for three (3) successive weeks except that the plan need not be published in its entirety in a newspaper of general circulation.

Required elements of comprehensive plan. The comprehensive plan is a statement (in text, maps, illustrations, or other media of communication) that is designed to provide a basis for rational decision making regarding the long term physical development of the municipality. The definition of goals and policies relative to the distribution of future land uses, both public and private, forms the basis for land use decisions to guide the overall physical, economic, and social development of the municipality. The comprehensive plan must be internally consistent in its policies, forecasts, and standards, and include the following elements:

§ Goals and policies statement;

§ Land use plan element;

§ Housing element;

§ Economic development element;

§ Natural and cultural resources element;

§ Services and facilities element;

§ Open space and recreation element; and

§ Circulation element

~~(2)~~ ~~Capital budget: The board shall prepare and recommend to the town council a capital budget for the following year and a comprehensive six year capital improvement program on an annual basis.~~

(3) The board shall regulate the plating of subdivisions of land in accordance with provisions in the general laws of chapter 45-23 of Rhode Island.

(4) ~~Opinions: The board shall file an opinion with the town council on all~~

proposed amendments to the zoning ordinance, giving due consideration to the relationship of such amendment to the town's comprehensive plan, and shall recommend to the town council amendments to the zoning ordinance wherever there is a proposed major change in or extension of land use, transportation routes, public facilities, or public utility systems. At least once every two (2) years the planning board shall review the zoning ordinance and make recommendations concerning its revision.

(4) Recommendation: The planning board shall provide a recommendation on the adoption, amendment or repeal of the zoning ordinance. The planning board shall seek the advice of the planning department on any proposal for amendments to the zoning ordinance and shall provide a recommendation on said amendments to the town council within forty-five (45) days after receipt of the proposal. Said recommendation shall give due consideration to the relationship of such amendments to the town's comprehensive plan.

(5) Annual report. The board shall report annually to the town council at the end of the fiscal year, summarizing the work of the preceding year and recommending plans for future development of the town. A copy of this report shall be filed with the Rhode Island Development Council in accordance with the provisions in the general laws of Rhode Island. All plans and reports of the board shall be first submitted to the town council, and thereafter the board may publish and distribute copies of plans and reports in order to promote public interest in and understanding of the work of the board.

(5) Annual report. The board shall report annually to the town council

summarizing its work of the preceding year and recommending programs, plans, and actions for future development. All studies, plans, and reports of the planning board shall be submitted to the town council and town administrator and shall, with the approval of the town council, be published and made available to the public.

(6) Miscellaneous. The board shall undertake such other work as may be assigned by the town council in connection with the physical growth and development of the town. The board shall have the authority to call upon other departments, boards, committees, or commissions of the town and agencies of the state and federal governments for assistance in performance of its designated functions and shall cooperate with such other departments and with state and federal agencies on community, regional, and state planning and development. The board may employ such technical assistance as it may deem necessary within the funds appropriated to it and may enter into agreements with the state, federal or regional agencies; the board may incur any expense greater than the amount appropriated or available therefor. (Amend. of 11-4-75).

~~Sec. 3. Planning, coordination.~~

Any proposal for the construction of a public improvement or for the acquisition of land for public use shall be first submitted to the planning board for its recommendation. Nothing, however, shall be construed to prevent the proposal from being effected in the absence of a recommendation of the board after thirty (30) days from the date of submission or subsequent to a negative recommendation of the board.

All proposed ordinances and resolutions of the town council which concern the existing and proposed location and arrangement of the uses of the land; transportation routes; public facilities; public utility systems; deteriorating or blighted neighborhoods planned for redevelopment, rehabilitation, or other improvement; natural resources and historic sites to be preserved; and disaster survival proposals; shall be submitted to the board for its recommendation . Nothing, however, shall be construed to restrict or prevent the town council from acting on any ordinance or resolution contrary to or in the absence of a recommendation of the board.

In the preparation of an annual capital budget and capital improvement program, all departments, boards, committees, commissions, and officers of the town shall cooperate with the planning board in carrying out this program.

Sec. 4. Zoning board of review.

(1) Organization: There shall be a zoning board of review consisting of five (5) members and two (2) auxiliary members, residents of the town, none an elected or otherwise appointed official of the town and all appointed by the town council. Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The auxiliary members shall be appointed for a term of one (1) year. If a vacancy should occur in the board, the town council shall appoint a new member for the unexpired term.

(2) Powers and duties:

§ The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

§ The board of review shall make its own rules of procedure having to do with appeals to the board, stay of proceedings on appeal and hearings of appeals to the board, provided that such rules conform with law and amendments thereto.

§ The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.

§ The board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of zoning ordinances of the

town.

§ The board shall hear and decide special exceptions to the terms of the ordinance, upon which such board is authorized to pass under such ordinance.

§ The board shall authorize upon appeal in specific cases such variance in the application of the terms of the ordinance as will not be contrary to the public interest, were owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

§ The board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer, and the concurring vote of four (4) members of the board shall be required to decide in favor of the applicant on any matter within the discretion of the board upon which it is required to pass under such ordinance or to effect any variation in the application of such ordinance.

The board may also act in a review capacity in other matters as may be specified in the general laws of Rhode Island. (Amend. of 11-4-75)

ARTICLE XIII. PERSONNEL BOARD

Sec. 1. Organization.

There shall be a personnel board consisting of five (5) members who shall be appointed by the town administrator with the approval of the town council for terms of two (2) and three (3) years. The members first appointed shall serve for terms of one (1), two (2), and three (3) years respectively and thereafter their successors shall be appointed for three year terms as their respective terms expire. The fourth and fifth members shall be initially appointed for terms of one (1) and two (2) years respectively and thereafter their successors shall be appointed for two year terms as their respective terms expire. Each member appointed to said board shall be a person of good repute in his respective business, profession or trade, who is known to be in sympathy with the merit principle as applied to public employment. No member shall hold or be a candidate for any other public office or position and shall not be a member of any national, state or local committee of a political party, or an officer in any partisan political club or organization, or worker in any political campaign. They shall be qualified electors of the town. (Amend. of 11-4-75)

There shall be a personnel board consisting of five (5) members who shall be appointed by the town administrator with the approval of the town council for such terms and with such responsibilities as shall be determined by the town council by ordinance.

Sec. 2. Compensation.

~~Salaries of members of the personnel board shall be determined by the town council.~~

Sec. 3. Powers and duties.

~~It shall be the duty of the personnel board:~~

~~(1)~~ ~~To formulate and recommend to the town council for adoption by ordinance:~~

~~(a)~~ A position classification plan for all town employees, excepting those noted hereinafter. Such plan shall define generally the duties, responsibilities, and types of work for each class of position; the skills and knowledge necessary for each position; and the minimum qualifications necessary to qualify for appointment to each position and the positions or classes of positions to which competitive examinations should apply and those to which non-competitive or qualifying examinations shall apply:

~~(b)~~ A pay plan for all town employees in the classification plan. Such pay plan shall state the salary or wage for each position established by the classification plan; and define the method for granting step advancements in pay in those instances where a minimum and maximum pay range is established for a position;

~~(c)~~ ~~Personnel policies regarding vacation, sick leave, overtime pay and the discipline of classified employees.~~

~~(2)~~ Upon the adoption of the position classification plan and the pay plan by the town council, the personnel board shall assign to the appropriate position classification all persons employed by the town, subject to such plans.

~~(3)~~ ~~Formulate and administer such tests and other forms of evidence so as to determine by the study of each person's qualifications the capability of candidates for positions in the classified service.~~

~~(4)~~ Certify to appointing officers that persons who are candidates or applicants for such positions in the classified service, possess the qualifications required by the classification plan, such certification to apply to present and prospective employees.

Such certification lists shall show the names of the three (3) persons standing highest thereon who are available for appointment to employment or to promotions, if there be as many as three (3) such names thereon, or all the names on the list if there are less than three (3). The appointing authority shall appoint one of the persons so certified to the position in accordance with the provisions of the personnel rules.

~~(5) Examine all payrolls covering classified employees for the purpose of~~

determining that all persons to whom payments are to be made are properly employed and have been approved and certified to the appointing officers by the personnel board as to eligibility, and no authority shall exist to certify the payroll or to make any payment to persons not properly employed as herein provided in any other agency than said personnel board.

Sec. 4. Positions excepted from classified service.

~~There shall be excepted from the classified service of the town:~~

~~(1)~~ ~~Officers elected by the people.~~

~~(2)~~ ~~Heads of departments and agencies appointed by the town administrator or town council.~~

~~(3)~~ ~~Employees of the school department for whom state certification is required.~~

~~(4)~~ Persons engaged by contract to perform special services for the town where such contracts are certified by the personnel board to be for employment which should not be performed by persons in the classified service.

~~(5)~~ Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination, or to perform a special service where such appointment or designation is certified by the personnel board to be for employment which because of its expert nature or character could not or should not be performed by persons in the classified service.

~~(6)~~ ~~Such temporary unskilled workers paid on an hourly basis as the personnel board may determine.~~

~~(7)~~ ~~Persons who in times of public emergency may be appointed special employees.~~

Sec. 5. Present employees continued in office.

All persons, who at the time this charter takes effect, are holding positions hereby placed in the classified service of the town, including policemen, shall hold such positions as though appointed in accordance with the provisions hereof, but any vacancies thereafter occurring shall be filled in the manner herein provided for classified service.

Sec. 6. Temporary appointment when no list is available.

Whenever it is not possible to certify the required number of eligible persons for appointment to a vacancy in the classified service because no appropriate list exists, the appointing authority may nominate a person to the personnel board, and, if such nominee is found by the personnel board to have had experience and education which appears to qualify him for the position and meets such other requirements as are established by the personnel rules, he may be temporarily appointed to fill such vacancy.

Sec. 7. Probationary period.

All original appointments and promotional appointments to the classified service shall be for a probationary period of not less than six (6) months, during which time the appointing authority shall report to the personnel board every sixty (60) days concerning the work of the employee. Any employee may be dismissed by the appointing authority during the probationary period for reasons relating to the employee's qualifications or for the good of the service stated by the appointing authority in writing and filed with the personnel board.

Sec. 8. Emergency appointment.

In case of emergency, an appointing authority may make an emergency appointment of any person to any position without regard to provisions of this charter to carry on work that must be continued in the public interest, but no such emergency appointment shall continue beyond the time of the emergency as declared by the town council. Emergency appointments shall be reported immediately to the personnel board.

Sec. 9. Services of other agencies.

The personnel board may enter into arrangements with any governmental agency, quasi-governmental agency, or educational agency, or educational institution for determining qualifications of employees and applicants for employment in the classified service, and for aid in the preparation of the personnel regulations.

Sec. 10. Removal of officers on indefinite tenure.

Officers of the town appointed for an indefinite term may be removed by the office or agency which appointed them. If any such officer appointed for an indefinite term refuses to resign when asked for his resignation by the proper authority, the town administrator if his office made the original appointment or nomination, or any member of the town council if the town council made the original appointment, may prefer charges against said officer before the town council, requesting his removal. The council after giving written notice of said request and of the time and place of hearing delivered to said officer or mailed by certified mail to said officer at his last known address, together with a copy of said charges at least ten (10) days prior to the date of hearing, may after hearing on said charges remove said officer by an affirmative vote of a majority of the entire town council. Said hearing shall be public if said officer so requests by a written demand filed with the town council two (2) days prior to the date of the hearing.

Sec. 11. Personnel review.

The jurisdiction of the town council shall extend to all cases of appeals from dismissals, suspensions, demotions or transfers or layoffs of appointive officers and employees of the town, whether in the classified service or not, except those in the school department working in an administrative, supervisory or teaching capacity, and except those provided for otherwise in this charter in Article XIII, section 10. The town council in its work of receiving, considering and disposing of appeals shall follow procedure that is informal and of a nature calculated to effect justice in a manner as simple as possible, and provided that the following requirements are observed. In the event that any person is dismissed, suspended, demoted or transferred as provided herein, he may appeal in writing to the town council within ten (10) days from such dismissal, suspension, demotion, transfer or layoff. Unless such appeal has been withdrawn, the council within ten (10) days from the filing of such appeal, shall give the dismissed, suspended, demoted, or transferred person, or person laid off and the department head, board or other agency involved, the opportunity to be heard at a hearing before said council. After such hearing, which shall be public at the option of the person making the appeal, the action of the council shall be final and binding, and shall not be subject to appeal or further revision except as may be otherwise specifically provided by law. The review afforded herein shall be deemed to be alternative to and/or in addition to that granted by general and special state laws to certain classes of town employees. Upon reinstatement for any reason the dismissed, suspended, demoted or transferred officer or employee shall be paid in full for the wages lost during the period of such dismissal, suspension, demotion or transfer.

~~At any such hearings it shall be the right of any such person making the appeal to be represented by council who may conduct his case and act for him.~~

Sec. 12. Removal from office.

The following reasons shall constitute cause for removal from office:

(1) Willful violation of any provisions of this Charter or town ordinance.

(2) ~~Incompetency~~ Incompetence to perform the duties of the particular office held.

(3) Conviction of a crime involving moral turpitude.

(4) Willful neglect of duty.

(5) Corrupt or willful malfeasance in office, and

(6) Willful misconduct to the injury of the public service.

Sec. 13. Appointment and discharge of subordinates.

Unless otherwise provided in this charter, each elected officer, department head, board or other agency may appoint, dismiss, suspend, demote, transfer or lay off his or their deputies, clerks, assistants and subordinates serving under his or their supervision or control, subject to appeal to the town council acting as the board of personnel review as herein designated.

Sec. 14. Retirement of municipal employees.

The town council may provide by ordinance a system of retirement allowance to augment federal social security or other pension plan payments, if any, for the town's regular full-time paid employees and for the contribution by employees and the Town of North Smithfield to a fund from which such allowance shall be paid.

The town may enter into a contract with any insurance company authorized to do business in this state for the purpose of insuring the whole or any part of its retirement plan.

ARTICLE XIV. SCHOOL DEPARTMENT

Sec. 1. Membership; term.

There shall be a school committee consisting of five (5) members each of whom shall be elected at large at the regular ~~biennial elections in odd-~~elections in even numbered years to serve for a term of four (4) years until his/her successor is elected and qualified. However, in the elections of ~~1969~~ 2002, the three (3) candidates with the largest number of votes shall be elected for four (4) years; the next two (2) candidates in vote totals shall be elected for a term of two (2) years. Thereafter, the candidates elected at subsequent elections shall be placed on the ballot in one column in alphabetical order and the candidates with the largest number of votes shall be elected.

In addition, candidates elected thereafter shall be for three (3) or two (2) members of the school committee, as may be required to fill the vacancies caused by the expiration of the terms.

*State law reference - For applicable state law, see G.L. 1956 16-2-5 et seq.

Sec. 2. Qualifications.

School committee members shall be qualified electors of the town and shall hold no other paid office or employment in the service of said town, except that of notary public, justice of the peace, town constable, call firemen or auxiliary policemen. If a committee member shall cease to possess any of these qualifications or shall be convicted of crime involving moral turpitude, his/her office shall immediately become vacant.

Sec. 3. Compensation.

~~The compensation for members of the school committee shall be recommended annually by the school committee and shall be approved by the townspeople at the annual financial town meeting.~~

Members of the school committee shall receive such annual compensation as shall from time to time be fixed by the school committee, provided no change in compensation shall take effect until after the next election and installation as school committee members.

Sec. 4. Vacancies.

Any vacancy in the membership of the school committee shall be filled by the town council until the next regular town election, when the office shall be filled for the unexpired term thereof.

Sec. 5. Powers and duties.

(1) Organization: The school committee shall elect a chairman, ~~and a clerk~~

vice-chairman and secretary at its first organization meeting. ~~Said~~ The school committee shall determine its own rules and order of business and the time of its meetings.

(2) Policy: The school committee shall determine and control all policies affecting the administration, maintenance and operation of the public schools and shall have all the powers and be subject to all duties as prescribed by the laws of the state

It The school committee shall prepare a complete report of its finances and activities at the close of the fiscal year. Such reports shall be included as a separate section in the annual town report.

(3) Appointments and removals: The school committee shall appoint a superintendent of schools as its administrative agent. The appointment and removal of all school employees shall be made by the school committee upon recommendation of the superintendent of schools except as may otherwise be provided by law. Except for the purpose of inquiry, the school committee and its members shall deal with the administration of the public schools solely through the superintendent of schools and neither the school committee nor any member thereof shall give orders to any subordinates of the superintendent of schools, either publicly or privately.

(4) Budget: The school committee shall submit budget estimates in the same

manner as other departments.

(5) Reports of anticipated expenditures: The school committee shall submit to the ~~town financial office~~ finance director monthly reports of anticipated expenditures.

(6) Buildings and grounds: The department of public works, at the request of the school committee and with the approval of the town administrator may maintain and care for school buildings and grounds, provided that the costs are charged against the appropriations for the public schools.

OTHER OFFICES AND COMMISSIONS

Sec. 1. Town sergeant.

There shall be a town sergeant who shall be appointed by the town council to

serve at the pleasure of the council. The town sergeant shall have all the powers,

privileges and immunities of his/her office, and shall perform all the duties as prescribed

by the general laws and applicable special laws and ordinances. The compensation of

the town sergeant shall be set by ordinance.

Sec. 2. Auctioneer.

There shall be one or more auctioneers appointed by the town council. Every

auctioneer shall, at his own expense, give bond in a sum not exceeding ten thousand

dollars ($10,000.00) nor less than two thousand dollars ($2,000.00) for the faithful

execution of the duties of his/her office according to law.

Sec. 3. Sealer of weights and measures.

There shall be a town sealer of weights and measures appointed by the town

council. The powers and procedures of said office shall be as prescribed by law.

Sec. 4. ~~Civil defense~~ Emergency management agency.

~~The council of defense, herein established in accordance with Chapter 30-15 of~~

~~The General Laws, 1956, as amended (State Emergency Defense Act) shall have the~~

~~Director report directly to the town administrator.~~

There shall be an emergency management director who shall be appointed by the

Town administrator and have such duties and responsibilities in accordance with RI G.L.

30-15-1, et seq.

Sec. 5. Department of public welfare.

There shall be a department of public welfare which shall perform the functions

and services of the town relating to public welfare. The head of the department shall be

the director of public welfare who shall be either the town administrator, or a person

appointed by him/her. The director of public welfare shall have all the powers and duties

relating to the poor, needy, and dependant persons as may be vested in the department of

public welfare and shall administer all welfare statutes of the federal government, the

administration of which is delegated to the town or the director of public welfare.

(Amend. of 11-3-87) State law reference - Director of public welfare, G.L. 1956,40-7-1.

Sec. 6. Housing authority.

The town council shall appoint members of the housing authority herein

established in accordance with Chapter 45-26 of the General Laws, 1956, as amended.

Sec. 7. Free public library.

The town council is authorized to accept on behalf of the town as

a gift, the North Smithfield Free Public Library, and to provide for its

operation in accordance with Chapter 29-4 of the General Laws, 1956, as amended,

should same ever be offered to the Town of North Smithfield.

Sec. 8. Conservation commission.

~~There shall be a conservation commission established in accordance with Chapter~~

~~45-35 of the General Laws, 1956, as enacted by Chapter 203 of the Public Laws, 1960, as~~

~~amended, at such time as the town administrator with the approval of the town council~~

~~shall direct. Members of such commission shall be appointed by the town administrator.~~

There shall be a conservation commission established in accordance with RI G.L.

45-35 whose members shall be appointed by the town council.

Sec. 9. ~~Industrial development commission.~~ Economic development commission.

There may established in the Town of North Smithfield an ~~industrial development~~

~~commission~~ economic development commission at such time as the town administrator

with the approval of the town council may direct.

(1) Organization: The ~~industrial development commission~~ economic development commission shall be composed of five (5) members one (1) first alternate member, and one (1) second alternate member all of whom shall be residents of the Town of North Smithfield sympathetic toward ~~industrial development~~ economic development within the Town of North Smithfield, appointed by the town administrator, each member to hold office for the term of five (5) years; provided, however, that the original selection shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years ~~respectively~~ respectfully, and each alternate member to serve a term of one (1) year.

(2) Powers and duties: ~~Said commission~~ The economic development commission shall organize at its first meting held after appointments each year by electing a chairman and a vice chairman and adopting its rules of procedure.

(2) The ~~commission~~ economic development commission shall have the power to promote and encourage ~~the location and development~~ the settlement of new business in the town, as well as the maintenance and expansion of existing business and for that purpose shall cooperate with state, other local agencies and individuals whether in the Town of North Smithfield or in other municipalities. retention and expansion of existing business, and the development and redevelopment of industrial, office and retail properties with the objectives of expanding and diversifying the town's tax base, retaining and expanding employment opportunities, and improving the visual quality of the Town of North Smithfield's built environment.

In furthering its purpose, the economic development commission shall cooperate with the state, regional, and local agencies and organizations and individuals whether in the Town of North Smithfield or in other municipalities.

The commission shall submit a report of its activities annually to the town administrator and town council.

(3) Compensation: ~~Said commission~~ The economic development commission shall serve without pay.

Sec. 10. Sewer commission.

There shall be a sewer commission established in accordance with the ~~Public Laws of Rhode Island of 1973, Chapter 84, as amended.~~ General Laws of the State of Rhode Island.

(1) Organization: The sewer commission shall consist of five (5) members each a qualified elector of the town appointed by the town council for a term of five (5) years. The original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively.

Vacancies shall be filled in accordance with the act creating this commission. No employee of the town nor holder of any other office of the town shall be eligible to serve as a member of the board of sewer commissioners.

(2) Powers and duties: To provide services ~~with~~ for the Town of North Smithfieldaand be responsible for the construction, alteration, repair, maintenance and operation relating to the functions and services within its jurisdiction as defined in the ~~Public Laws of Rhode Island of 1973, Chapter 84, as amended. (Amend. of 11-4-75)~~ General Laws of the State of Rhode Island.

Sec. 11. Other officers.

There shall be such other officers and commissions of the Town of North Smithfield as the Town Council may establish by ordinance.

ARTICLE XVI. GENERAL PROVISIONS

Sec. 1. Amending the charter.

Amendments to this Charter shall be made in the manner provided by the Constitution of the State in ~~article of amendment, Article XXVIII, Section 8.~~ accordance with Article XXVIII, Section 8.

Sec. 2. Specific provision shall prevail.

To the extent that any specific provision contained in this Charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

Sec. 3. Laws affecting officers.

Any powers, duties or functions which are required by law to be exercised, performed or administered by a particular officer or officers of the Town shall be carried out by the officer or officers who by this Charter or by ordinance or by law are responsible for the same regardless of the title or designation of the office.

All elected town officers shall be qualified electors of the town.

The terms of office of all officers, members of boards, commissions and committees of the town appointed with the approval of or elected by the town council shall be concurrent with the terms of the town council unless otherwise provided in this Charter.

Sec. 4. Oath of office.

Every officer of the Town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the Town Clerk.

"You (naming the person) do solemnly swear (or, affirm) that you will be true and faithful unto this State and support the laws and Constitution of the United States; and that you will well and truly execute the office (naming the office) for the terms for which you have been elected (or appointed), or until another be engaged in your place, or until you be legally discharged therefrom; so help you God (or this affirmation you make and give upon peril of the penalty of perjury)."

Sec. 5. Official bonds.

The town council shall require a bond in such amount and with such surety as the town council may specify, from all persons entrusted with the collection, custody or disbursements of any of the Town moneys and may require such bond from such other officials and employees as it may deem advisable and all as required by law. The premium on such bonds shall be paid by the Town unless provided otherwise.

Sec. 6. Publicity of records.

All records and accounts of every office, department, board, agency, or commission shall be open to public inspection at all reasonable times during business hours, except:

(1) Records of the police department and town solicitor's office, disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

(2) Records and documents of the Department of Welfare office pertaining to case histories, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

(3) Personnel records to the extent they are protected from disclosure pursuant to RI General Law.

Sec. 6.1 Copies of public records.

Any person inspecting public records shall be permitted to make written copies and abstracts of any public records. Any person shall also have the right to obtain a copy upon payment of a fee. Such fee shall be reasonable charge for the preparation of the copy. (Amend. of 11-4-75)

Sec. 7. Separability clause.

If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter, nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

Section 8. Financial interest prohibited.

(a) Contracts with the town: No elected official or employee of the town, member of any board or commission of the town or resident of the town, holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the National, and members of the Armed Forces shall except as in this Charter, may be specifically provided:

(1) Directly or indirectly make any contract with the town,

except his own employment contract.

(2) Receive any commission, discount, bonus, gift, contribution

or award, or share in the profits of any person, corporation, or

partnership performing such a contract.

(b) Contracts by the town: The town shall not enter into any contract with any elected official or employee of the town, member of any board or commission of the town, or resident of the town holding elective or appointive office in or being in the employ of the state or federal government, except notaries public, members of the National Guard and members of the Armed Forces, other than employment contracts.

(c) Effect of stock ownership in contracting corporation: When a contractor with the town shall be a corporation, the ownership of less than five percent (5%) of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of the foregoing sections.

(d) Penalties: Every contractual obligation incurred in violation of the provisions of this section shall be illegal and void. If any appointed official or employee of the town shall knowingly undertake a contractual obligation in violation of the provisions of this section, it shall be grounds for his or her removal.

(Amend. of 11-4-75)

Section 9. Codification of ordinances.

The town council, not later than ~~January 1, 1972,~~ January 1, 2008, and at least every tenth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the Town of North Smithfield which are appropriate for continuation as local laws of the Town of North Smithfield. Such revisions or codification shall be prepared under the supervision of the town solicitor, but the town council may authorize the town solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.

~~Sec. 10. Appointment and discharge of subordinates.~~ (See Code of Ethics.)

~~Sec. 11. Dual office holding.~~ (See Code of Ethics.)

Sec. 12. Printing of charter upon the ballot.

It shall not be necessary for the full text of a Charter or amendments to a Charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient.

Sec. 13. Hours of work.

All paid personnel holding office or employment in the town government, other than an elective office, shall be required to engage in the actual work of their offices or employments during regular business hours to the extent that their services may be necessary for the full and complete discharge of their duties. The town council, upon recommendation of the town administrator shall determine which officers and employees of the town shall not be required to devote their full time to the duties of their respective offices, except as provided by this Charter.

Sec. 14. Tenure of office guaranteed.

No tenure of office heretofore guaranteed by law to any employee of the Town of North Smithfield as of ~~March 6, 1968~~ the date of adopting of this Charter, shall be abridged or diminished by the adoption of this Charter, except that the removal of any person so employed for cause shall be in accordance with the provisions contained herein.

Sec. 15. ~~Medical insurance for part-time officials or employees; funding.~~

Sec. 15. Insurance for elected officials or appointees to boards or commissions.

No Town of North Smithfield funds shall be expended to purchase any life, health or medical insurance for ~~any part-time~~ elected officials or appointees to town boards or commissions.

Sec. 16. Right to enact ordinances.

The right to enact ordinances is hereby granted to the qualified electors of the town by initiative, provided that such power shall not extend to the budget or capital programs or to any ordinance relating to the appropriation of money, or to the levy of taxes or to the salaries and benefits of town officials or employees. The initiative shall be exercised in the following manner:

(a) Whenever five hundred (500) qualified electors of the town

(b) petition the town council to enact a proposed ordinance, it shall be the duty of the town council to consider such proposed ordinance within seventy (70) days of receipt. Receipt, for the purpose of this subsection, shall be defined as the reading of said petition at the next regularly scheduled meeting of the town council.

(b) The signatures on any initiative petition provided for in this subsection may be on separate papers; provided, however, that each such separate paper shall contain a full and correct copy of the title and text of the proposed ordinance and all such separate papers shall be bound together and filed as one instrument with the town clerk. To each said separate paper there shall be attached a signed statement of the circulator thereof, who states therein under oath, that each signature appended to said paper was made in the presence of the circulator.

(c) In the event that the town council shall fail to enact such proposed ordinance without amendment, and upon the receipt by the town clerk of a notarized referendum petition signed by an additional five (5) percent of the qualified electors of the town the town council shall submit such proposed ordinance to a vote of the people of the Town at the next general election; provided, however, that said ballot referendum petition must be filed at least sixty (60) days prior to the date fixed for such general election.

(d) The ballots used when voting upon such proposed ordinance shall include

an ordinance title which shall state the purpose or intent of such ordinance,

the question, "Shall the ordinance pass?" and shall set forth on separate

lines the words "Yes" and "No".

(e) If a majority of the electors voting on the proposed ordinance shall vote in

favor thereof, such ordinance shall thereupon become a valid binding

ordinance of the town; an ordinance so adopted shall not be altered or

modified by the town council within one year after the adoption of the

ordinance at said general election.

(f) The town council may, by ordinance, make such other further

regulations for carrying out the provisions of this section as are not

inconsistent herewith.

(Res. of 11-8-94

ARTICLE XVII. SUCCESSION IN GOVERNMENT

Sec. 1. Continuation of laws.

The laws of the state in their application to the town shall continue in effect, except insofar as they are inconsistent with the provisions of this Charter or any legally adopted ordinance of the town.

Sec. 2. Continuation of ordinances.

All ordinances, resolutions, rules, and regulations of the Town of North Smithfield in force at the time when this Charter takes effect, not inconsistent with the provisions of this charter, shall continue in force until amended or repealed.

Sec. 3. Continuation of tax obligation.

All taxes levied or assessed by the town prior to the effective date of this Charter, which have not been collected by the Town shall be collected with any penalties thereon, by the town government hereby established, in accordance with law.

Sec. 4. Transfer of records and property.

All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part thereof to another office, department, or agency by this Charter, shall be transferred and delivered forthwith to the office, department or agency to which such powers and duties are so assigned.

Sec. 5. Continuance of contracts and obligations.

All leases, contracts, franchises and obligations entered into by the Town or for its benefit, prior to this Charter taking effect, shall continue in full force and effect.

Sec. 6. Pending actions and proceedings.

No action or proceeding, civil or criminal, in law or in equity pending at the time when this Charter shall take effect, brought by or against the Town or any office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything in said Charter contained.

ARTICLE XVIII. INAUGURATION OF NEW CHARTER GOVERNMENT

Sec. 1. Effective date.

For the purpose of nominating and electing the elective officers of the town and ~~public schools, s~~chool department, this Charter shall be in effect from and after its approval by the electors and validating of election procedures by the General Assembly.

For the purposes of the selection and term of the town clerk, the effective date of the selection and term of the town clerk, the organization of the police department, the establishment of the judge of probate and the time of holding the financial town meeting and any other provisions herein which may require validation, this Charter shall be in effect from and after its approval by the electors, validation of same by the General Assembly and after the first day of December following certification by the board of canvassers of the first officers elected under this Charter in November, 1969 but not before December 1, 1969.

For all other purposes this Charter shall be in effect from and after the first day of December following certification by the board of canvassers of the first officers elected under this Charter in November 1969, but not before December 1, 1969.

The terms of office of all town officers shall cease and terminate upon the effective date of this Charter regardless of whether such officers previously were elective or appointive.

All boards, commissions, and committees are abolished upon the taking effect of this Charter, except the board of canvassers and registration, and any boards, commissions or committees hereby created shall be appointed or constituted in the manner provided therefor.

The council upon taking office shall appoint by resolution the several officers whose appointments are required by this Charter to be made by the council.

All other personnel and employees of the town shall continue to perform their duties until reappointed or until successors to their respective duties are appointed in the manner provided by this Charter.

Sec. 2. Transfer of appropriation.

The town council shall have authority to make any changes or transfers in appropriations existing when this Charter takes effect which may be required for the operation of the town government under the provisions of this Charter.

Sec. 3. Ordinances to implement charter.

The town council shall proceed to enact or adopt as promptly as possible all ordinances, resolutions rules and regulations which may be necessary to implement the provisions of this Charter.