The text
Sec. 1301. - Dual office holding.#
No person shall be eligible to hold any elective office in the town who is a member of the general assembly, or who holds any other state elective office, or any elective office in the federal government, provided however, that in any instance in which a member of the general assembly is elected to a town elective office, said member may, upon submission of his or her resignation from the general assembly, assume his or her office in the town as provided in this Charter while a successor in the general assembly is being chosen pursuant to state law.
Sec. 1302. - Open records.#
All executive, legislative, regulatory and administrative bodies of the town of Bristol, including but not limited to all departments, divisions, agencies, commissions, boards, offices, bureaus, authorities or other bodies which exercise governmental functions, and any other public or private agency acting on behalf of the town, shall be subject to all state legislative provisions applicable thereto, in G.L. 1956, § 38-1-1 et seq. The public's right to access to records pertaining to the policy-making responsibilities of government, and the individual's right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. Accordingly, it shall be the policy of the town government to facilitate public access to governmental records which pertain to the policy-making functions of public bodies and/or are relevant to the public health, safety and welfare.
Sec. 1303. - Codification and revision of ordinances.#
The town council, within two (2) years following the effective date of this Charter, and every fifth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the town which are appropriate for continuation as local laws of the town. Such revision shall be prepared under the supervision of the town solicitor, but the council may authorize the solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.
Sec. 1304. - Amendment of the Charter.#
This Charter may be amended at any time, or a new Charter adopted, in the manner provided by the state Constitution. No proposal for amendment shall be approved by the council unless a public hearing has been held thereon. Should two (2) or more amendments adopted at the same time have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The sections of any amendment added to this Charter shall be numbered by the town clerk and inserted in their appropriate places. 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. When any question is to be submitted to the voters, the town council shall approve the statement of the question as it shall appear upon the ballot. A copy of the full text of the Charter or amendments shall be posted in each polling place and such other places as may be designated by the board of canvassers.
Sec. 1305. - Charter review commission.#
The council shall, no later than 1995, and at least every tenth year thereafter, appoint a Charter review commission of no more than nine (9) members, chosen to be broadly representative of the town, to review the provisions of this Charter and make such recommendations to the council for revision or amendment as it shall see fit. Said commission shall report its findings no later than one year following the date of its appointment.
Sec. 1306. - Fees.#
All fees, penalties and payments collected by town officials or agencies in their official capacities shall be transmitted to the town treasury to be deposited in the general funds of the town, provided however, that the town council may allow the school department to retain and apply directly to appropriate accounts in the school budget, monies received as rental for school facilities and as custodian fees in connection therewith. The compensation paid to each official shall be in lieu of all fees, penalties and payments payable to such official in the performance of his or her duties.
Sec. 1307. - Annual audit.#
Prior to the end of each fiscal year, the town council by resolution shall arrange for an annual independent audit of the books, accounts, and other evidences of financial transactions of the town, as of the close of that fiscal year. Such audit shall be conducted either by state auditors or by a certified public accountant holding a certificate from this state and having no personal interest therein. Such examination shall conform with generally accepted auditing standards and the provisions of state law, and shall allow for the auditor to express opinions on the financial condition of the town. The audit report shall be submitted to the town administrator no later than one hundred and fifty (150) days following the end of the fiscal year covered thereby, and another copy filed with the town clerk which shall be a public record.
Sec. 1308. - Oath of office.#
Every officer of the town shall, before entering upon the duties of his office, take and subscribe the following oath or affirmation, to be filed and kept in the office of the town clerk: "I solemnly swear (or affirm) that I will support the Constitution and obey the laws of the United States of America and the State of Rhode Island and Providence Plantations; that I will in all respects observe the provisions of the Charter and ordinances of the Town of Bristol and will faithfully discharge the duties of the office of ___________."
Sec. 1309. - Inventory of town property and equipment.#
It shall be the responsibility of the head of each department and agency of town government, at the end of every fiscal year, to prepare an inventory of all equipment and supplies under the jurisdiction of his department or agency, and submit the same to the town administrator for transmission to the town council. Said inventories shall be public records with copies available for public inspection at the Town Hall.
Sec. 1310. - Conflict of interest.#
All elected and appointed officials of the town, as the same are defined in the statute, shall be subject to the conflict of interest legislation of the State of Rhode Island, G.L. 1956, § 36-14-1 et seq., as amended from time to time. It is the policy of the town of Bristol that no elected or appointed official use his or her office for personal gain in a manner inconsistent with the proper discharge of his duties. To implement this policy, it is the intent of this section to ensure that all such officials be clearly made subject to the standards of conduct and disclosure requirements to be observed by persons owing a responsibility to the people and the government of the town in the performance of their official duties, as set forth in the aforementioned chapter of the General Laws.
Sec. 1311. - Conviction of crime.#
Any elected official of the town who is convicted of a felony, and who has exhausted all appeals from that conviction, shall be deemed to have vacated his or her office, and shall not be eligible to fill by appointment or election the remainder of the term which he or she vacated.
Sec. 1312. - Open meetings.#
The town council, school committee and all other town departments, agencies, commissions, committees, boards and councils, and all subdivisions thereof, shall conduct all business in accordance with the provisions of the open meetings legislation of the State of Rhode Island, G.L. 1956, § 42-46-1 et seq., as amended from time to time.
Sec. 1313. - Masculine and feminine gender.#
Every word in this Charter importing the masculine gender only, shall be construed to extend to and include females as well as males.
Sec. 1314. - Partial invalidity.#
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; and if any section or part of section concerned with election procedures shall be held invalid by such court, the pertinent election procedures set forth in the law of the State of Rhode Island shall apply.
Sec. 1315. - Complaints by qualified electors of Charter violations.#
(a)
The qualified electors of the town shall have the right to demand a hearing before the town council regarding alleged violations of the Charter. A qualified elector of the town may file a sworn statement in the office of the town clerk charging that:
(1)
An elected or appointed official or member of a board or commission of the town is serving in office in violation of the provisions of this Charter; or
(2)
That any elected or appointed official or member of any board or commission, or that any official body, board or commission in its corporate capacity, or any town employee, has knowingly taken an action in his/her official capacity in violation of any of the terms or provisions of this Charter, or of any ordinance, rule, or regulation adopted under the authority thereof.
(3)
Any such statement shall set forth the particulars as to the charges made. A "sufficiently set forth" complaint shall specify (1) the section or sections of the Charter which are charged to have been violated, (2) the nature of the violation, and (3) the person, persons, or body charged with having committed the violation; and
(4)
If the town solicitor determines that the charges are "sufficiently set forth," or, if the statement referred to above is accompanied by a petition signed by two hundred fifty (250) qualified electors of the town, the town clerk shall schedule a public hearing before the town council acting in its capacity as the Charter Monitoring and Complaint Review Board, such hearing to be held no later than sixty (60) days from the date on which the charges were filed. If the town solicitor fails to find that the charges are "sufficiently set forth," or if the statement is not accompanied by a petition signed by two hundred fifty (250) qualified electors of the town, he/she shall so notify the complainant in writing, providing the reason(s) for dismissal; and
(5)
If the complaint is against the town clerk, the town administrator shall fulfill the duties of the town clerk regarding scheduling of the public hearing as presented above.
(b)
Action by the town:
(1)
At the public hearing, the town council, acting as the Review Board, shall receive testimony from the complainant and from the official, board, or commission, or members of the official body against whom or which the charges were made and from such witnesses as either party may bring forward. In the event that the complaint is against a member of the town council, such member shall not take part in the review of the complaint; and
(2)
If, following the hearing, the Review Board, by no fewer than the affirmative vote of two-thirds (⅔) of the members present and voting, concludes that the charges have been supported by the testimony and evidence, it shall consider an appropriate sanction. Such a sanction may include public censure, and for appointees and employees of the town, termination or suspension from employment. Further, a violation of this Charter may be punishable by a fine not to exceed the limit set by state law.
(c)
Construction of this article:
The provisions of this article are in addition to, and do not supplant, any rights, duties or obligations provided by the laws of the United States, or the State of Rhode Island. Nothing contained in this article shall be construed to limit or affect any constitutional, statutory, or common law right or protection granted to the qualified electors of the town.
(Amend. of 11-2-10)