The text
Sec. 201. - Number; selection; term.#
The legislative powers of the town shall be vested in a town council which shall consist of five (5) members elected at large from the town, each to serve for a term of two (2) years or until his successor is elected and qualified.
Sec. 202. - Qualifications.#
Members of the town council shall be qualified electors of the Town of Bristol. No paid employee or official of the town shall hold the office of town councilman, except that current service as notary public, justice of the peace, membership in the National Guard or employment by any of the educational institutions maintained by the state, shall not disqualify persons for council membership. The office of any councilmember who shall, during his term, cease to meet the foregoing qualifications, shall be deemed vacant. No member of the council shall be eligible to accept any other paid local town office or employment during his tenure on the council.
Sec. 203. - Compensation.#
The council may determine the annual compensation of its members by ordinance, but no change in such compensation shall become effective until the first Monday in December following the next regular council election. Any such change in compensation must have been enacted at least six (6) months prior to the date on which it is to go into effect. Members of the council shall be entitled to receive reimbursement for actual and necessary expenses incurred in the performance of their duties. Editor's note— After the first Monday in December, 2000, the compensation of the chair of the town council shall be set at $3,000.00 per annum; the compensation of all other council members shall be set at $2,500.00 per annum, pursuant to Ord. No. 2000-16, §§ 1, 2, adopted May 31, 2000. Subsequently, Ord. No. 2002-10, §§ 1, 2, adopted May 8, 2002 after the first Monday in December, 2002, the compensation of the chair of the town council shall be set at $6,000.00 per annum; the compensation of all other council members shall be set at $5,500.00 per annum.
Sec. 204. - Vacancies.#
In the event of a vacancy in the membership of the town council, the town clerk shall call a special election in the manner prescribed by law to fill the vacancy; provided, however, that if such vacancy shall occur less than six (6) months prior to the end of the term for which the council was elected, the remaining members thereof shall fill the vacancy.
Sec. 205. - Meetings.#
The members of the town council shall begin their term of office on the first Monday in December, following their election, and shall hold their first regular meeting within ten (10) days thereafter. At said first meeting, the council shall elect a chairman from among its membership. Also at said first meeting, the council shall determine the regular meeting schedule for the remainder of its term of office; provided, however, that said schedule shall make provision for at least one meeting per month. A copy of said schedule shall be posted by the town clerk in the Town Hall for public inspection, and another copy shall be transmitted to the town administrator. The chairman of the council, or a majority of the elected members thereof, may call special meetings, provided, however, that no such meeting shall be held sooner than forty-eight (48) hours after notice to the town administrator and to each councilmember by hand delivery or by mail to the town administrator and each such member or to the residence thereof. The town clerk shall cause such notice to be given and shall post a copy in the Town Hall for public inspection.
Sec. 206. - Quorum; voting.#
A town council quorum shall be a majority of its elected members, and a majority of the members present at any legal meeting may determine any matter legally before them, provided that final passage of ordinances shall require the affirmative vote of three (3) members. No official vote shall be taken at any meeting which is not open to the public.
Sec. 207. - Powers.#
The town council shall be the policy-determining body of the town, and shall exercise all the powers of the town, except as otherwise provided by this Charter, or by the Constitution and laws of the state. Among the powers of the council, to be exercised in accordance with relevant provisions of this Charter and of the Constitution and laws of the state, shall be the power: (a)
To enact ordinances, including the enactment or amendment of zoning ordinances, in the manner set forth in section 208 below;
(b)
To order the raising by a tax upon real estate of such sums of money as may be required to pay town debts and defray the necessary charges and expenses of the town, and to order the assessment, levying or imposing of any other taxes for the support of the town which legally may be assessed, levied or imposed under any general or special laws which are now or may hereafter be in existence;
(c)
To provide for the acquisition, lease or sale of town lands and property;
(d)
To enact the town operating and capital budgets, and to make provision for the borrowing of money, pursuant to the provisions of article IV, below;
(e)
To create, change and abolish town offices, departments and agencies not established by this Charter or by the Constitution and laws of the state, and to reassign functions among departments and agencies of the town in any manner not inconsistent with this Charter;
(f)
To enact a personnel system pursuant to article 12;
(g)
To fix the amount of official bonds of all officers of the town who, in its opinion, should be bonded, or are required to be bonded by state law, the premiums on such bonds to be paid by the town;
(h)
To fill such offices and choose such officials, members of boards, and the like, as may be required under the terms of this Charter, ordinances of the town, or the laws of the state;
(i)
To provide for an annual audit as prescribed in section 1307;
(j)
The council may make investigations into the affairs of the town and the conduct of any town department, office or agency and for this purpose may hold public hearings, subpoena witnesses, administer oaths, and take testimony. The council may punish nonattendance of witnesses to whom subpoenas had been issued by fine not exceeding twenty dollars ($20.00).
Sec. 208. - Passage of ordinances and resolutions.#
(a)
All legislative actions taken by the town council either by ordinance or by resolution, concerning any of the subjects enumerated in this subsection, shall be subject to the procedures set forth in subsections (b) through (d) of this section.
(1)
To adopt or amend an administrative code or establish, alter or abolish any town department, office or agency not established by this Charter;
(2)
To levy taxes as provided for in subsection (b) of section 207 of this Charter;
(3)
To authorize the borrowing of money as provided for in section 414 of this Charter, provided however, that the issuance of tax-anticipation notes as authorized to be issued by towns in G.L. 1956, §§ 45-12-4, 45-12-4.1 shall not be subject to the provisions of this section;
(4)
To provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(5)
To convey or lease or authorize the conveyance or lease of any lands of the town;
(6)
To take any legislative action which by state law requires the passage of an ordinance by the council for its accomplishment;
(7)
To amend or repeal any ordinance or resolution previously adopted pursuant to the procedures set forth in this section.
Legislative actions other than those enumerated in this subsection may be accomplished by ordinance or resolution as may be deemed appropriate, and such actions shall not be subject to the procedures set forth in subsections (b) through (d) of this section.
(b)
Every proposed ordinance or resolution which is subject to the provisions of this section shall be filed with the town clerk not later than four (4) business days previous to the day of the meeting at which it is to be introduced. The town clerk shall forthwith provide each member of the council and the town administrator with a copy thereof, shall post one copy in the Town Hall for public inspection, and shall publish a summary thereof in a newspaper of general circulation in the town, such summary to appear no less than three (3) days prior to final passage of said ordinance or resolution.
(c)
Every ordinance or resolution which is subject to the provisions of this section, other than an emergency ordinance, shall be read the first time and explained by its proponent upon its introduction, but no final action may be taken thereon until a subsequent regular or special meeting held no less than seven (7) days after the introduction of the proposed ordinance or resolution. If, in the meantime, a petition bearing the valid signatures of at least twenty (20) qualified electors be filed with the town clerk requesting a public hearing, such hearing must be held before final action may be taken on said ordinance or resolution. A public hearing must be held before final action on any proposal to amend this Charter, or any ordinance amending the zoning ordinance, or any ordinance or resolution granting a franchise, or which conveys or leases or authorizes the conveyance or lease of any lands of the town, and no such ordinance may be passed as an emergency ordinance.
(d)
Within ten (10) days following final passage, a summary of the provisions of every ordinance or resolution passed pursuant to the provisions of this section shall be published in a newspaper of general circulation in the town by the town clerk, and a copy of the complete ordinance shall be posted by him in the Town Hall for public inspection.
(e)
Although the power to declare an emergency is vested in the town administrator by section 306, subsection (g), below, the council may request the administrator to make such declaration if in its judgment circumstances warrant, or may terminate any state of emergency he may have declared by the affirmative vote of three (3), of its members. During any such state of emergency, the council may direct the administrator to take additional or different action in dealing with same. Any ordinance designed to deal with a declared emergency, introduced during the period of such emergency, need not have been filed with the town clerk in advance of its introduction, or be subject of a public hearing, and may be given final enactment at the meeting at which it is introduced, provided that it shall contain a statement affirming the existence of a duly declared emergency, and provided further that its provisions shall expire at the end of the period of emergency.