The text
Section 3.01. - Number, Term, Constituency.#
There shall be a Town Council consisting of seven (7) members each of whom shall be elected at large at the regular biennial elections in even-numbered years to serve for a term of four (4) years and until his/her successor is elected and qualified.
Section 3.02. - Commencement of term.#
The term of a Councilor shall begin at the first meeting of the Town Council to be held after the issuance of a certificate of election.
Section 3.03. - Qualifications.#
A member of the Town Council shall hold no employment in the service of the Town of Burrillville nor shall he/she serve in any office or on any board or commission appointed by the Town Council, except in a non-voting ex officio capacity. Nothing in this section shall prohibit the Town Council members from serving on subcommittees of the Town Council or from serving on the Board of Administration in accordance with Section 19.02 of this Charter. A member of the Town Council shall not be eligible for appointment to any paid office in the Town during the term for which he/she was elected to the Town Council or for one (1) year thereafter.
Section 3.04. - Forfeiture of Office.#
A Councilor shall forfeit his/her office if he/she: A.
Lacks, at any time during his/her term of office, any qualifications for the office prescribed by this Charter, or by law;
B.
Violates any express provision of this Charter;
C.
Is convicted of any crime which would constitute a felony under the laws of the State of Rhode Island;
D.
Fails to attend three (3) consecutive regular Town Council meetings without being excused by the Town Council;
E.
Is removed from the Town Council via recall as specified in § 2.07.
(Elec. of 11-2-2010, § (6.))
Section 3.05. - Vacancy.#
The office of Councilor shall become vacant upon his/her death, a resignation in writing filed with the Town Clerk, removal from office in any manner authorized by law, or by forfeiture of office.
Section 3.06. - Filling Vacancy.#
A vacancy on the Town Council shall be filled until the next general election by the qualified candidate for Town Council with the next highest vote total in the last general election. If no qualified candidate is available, the Town Council shall appoint a qualified elector to fill the vacancy until the next general election, as follows: (A)
The Town Council will refer the selection process over to a screening subcommittee of the Town Council. The subcommittee will provide for one advertisement for candidates, meet outside of normal planned meetings to consider the application of candidates and review candidates. The subcommittee will rank the candidates and submit the top three (3) ranked candidates to the Town Council for consideration.
(B)
The candidates submitted to the Town Council shall have the opportunity to appear before the Town Council prior to the vote of the Town Council, to give all Town Council members a chance to speak with them and ask questions.
At the next general election, the voters shall elect a person to fill any unexpired term. The replacement candidate shall be sworn into office within sixty (60) days following the occurrence of the vacancy.
(Election of 11-8-2022)
Section 3.07. - Judge of Election and Qualification of Members.#
The Town Council shall be the judge of the election and qualification of its members, and of the grounds for forfeiture of their office and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence.
Section 3.08. - Presiding Officer.#
The Town Council shall elect from among its members a President and a Vice-President, each of whom shall serve at the pleasure of the Town Council. The President shall preside at meetings of the Town Council. The President shall have the right to speak and vote as any other member. The Vice-President shall act as President during the absence or temporary disability of the President. The Town Council President shall be recognized as head of the Town government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no administrative duties.
Section 3.09. - Declare State of Emergency.#
The President of the Town Council shall have the power and authority to declare a state of emergency in the event of a disaster, catastrophe, or other similar event, or in the imminent danger thereof which endangers the public peace, health, safety, welfare and the protection of property of the inhabitants of the Town, and to take such lawful action as he/she deems necessary.
Section 3.10. - Compensation.#
The Town Council may, from time to time, fix the annual salary of each Councilor and of the President of the Town Council; provided however, that no such ordinance changing the salary of the Councilmen, or of the President of the Town Council, shall become effective during the current two-year term of such Council. No action changing the salary of the Town Council shall be taken within the thirty (30) days preceding a general election.
Section 3.11. - Quorum.#
Four (4) members of the Town Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to penalties prescribed by the rules of the Town Council. No action of the Town Council, except as otherwise provided in the preceding sentence, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Town Council. Upon the request of any member of the Town Council, a roll call vote shall be taken on any matter, and ayes and nays shall be recorded in the minutes of the meeting.
Section 3.12. - Regular Meetings.#
The Town Council shall meet regularly at least twice in every month on the second and fourth Wednesdays of the month within the confines of the Town of Burrillville, unless otherwise specified by the Town Council.
Section 3.13. - Special Meetings.#
Special meetings may be held at the call of the President; or in the absence of the President at the call of the Vice-President; or at the call of three (3) or more members. Notice of a special meeting shall be delivered in writing to each member and to the Town Clerk, or left for him/her at his/her home or place of business at least twenty-four (24) hours prior to the time fixed for the special meeting. Any member may waive the requirement of written notice of a special meeting, and such waiver shall be entered in the record of the proceedings of such special meeting. 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 stated in the notice. Special Town Council meetings shall be held within the confines of the Town of Burrillville.
Section 3.14. - Powers and Duties.#
All powers of the Town shall be vested in the Town Council, except as otherwise provided by law, or by the provisions of this Charter, and the Town Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the Town by law. The Town Council shall be vested with the power to adopt, amend and repeal ordinances for the preservation of the public peace, health, safety, welfare and for the protection of persons and property, and to provide for their enforcement by the enactment of appropriate penalties for the violation thereof. Without limiting the generality of the foregoing, the Town Council shall have and exercise the following specific powers, subject to the provisions of the Constitution, and laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The Town Council may enact, re-enact, amend or repeal ordinances and resolutions: (A)
Providing for zoning; a building code; a sanitation code; regulations for the platting and sub-dividing of land; regulations concerning trailers and mobile homes; and regulations concerning parking on town highways and also on town property.
(B)
For the purchase, sale, lease or the acceptance of a gift or devise, or the refusal of a gift or devise of real or personal property located within or without the corporate limits of the Town, and ordinances concerning the holding, management, control, sale, lease and conveyance of such property.
(C)
For the condemnation of land located within the Town as permitted by the laws of the State of Rhode Island.
(D)
For the control and management of any fund which has been, or in the future may be given to the Town by gift, bequest or in any other manner, in accordance with the terms of such gift as expressed by the donor.
(E)
For the control and management of funds which have been or may be hereafter accepted by the Town for the perpetual care of cemetery lots specified in the acceptance.
(F)
Granting, suspending or revoking licenses and permits in accordance with law.
(G)
For the establishment and operation of any department, commission, office or agency, in addition to those created by this Charter, which the Town Council may, from time to time, deem necessary to provide the services and functions not otherwise provided by the departments created herein; this provision is not to apply to elected officials.
(H)
To appoint committees of the Town Council which may investigate and report on any matter referred to it, and make recommendations thereon, but no committee shall have any executive or legislative powers and final action on all matters shall be determined by the Town Council as a whole.
(I)
The Town Council may make investigations into the affairs of the Town, and the conduct of any town department, commission, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The Town Council shall have the power, by ordinance, to provide for the punishment of any person who fails or refuses to obey a lawful order issued in the exercise of the powers set forth in this section.
(J)
For the appropriation and/or transfer of money. The transfer, appropriation, or loan of money from the unreserved, undesignated fund balance of the general fund shall require the affirmative vote of six (6) members of the Town Council. However, when the Town Council shall declare an emergency exists affecting the health, welfare or safety of the community then five (5) votes in the affirmative shall be required.
(K)
For the levy of taxes and assessments.
(L)
For the borrowing of money and the issuance of bonds, notes or other evidence of indebtedness.
(M)
Fixing the amount of official bonds of all officers of the Town, who in the opinion of the Town Council shall be bonded, the premium of such bond to be paid by the Town.
(N)
The Town Council shall assume all powers and duties previously assigned to the town meeting, unless otherwise provided for in this Charter.
(O)
The Town Council shall have the authority to ratify all collective bargaining agreements negotiated for the Town including the Sewer Department, and all collective bargaining agreements under School Committee jurisdiction.
(P)
No department, agency, board or commission of the Town, including the School and Sewer Departments, but excluding the Burrillville Housing Authority, shall modify the health, retirement and pension benefit programs of its employees resulting in increased costs or expenditure to the Town without prior approval of the Town Council. Approval shall be by a vote of the Town Council. A minimum of four (4) affirmative votes is required to approve modifications(s). Modifications made by the providers of the health, retirement and pension plans do not require approval of the Town Council.
(Q)
The Town Council shall have the authority to merge common duties, functions and services of any agency of the Town of Burrillville, including the Burrillville Sewer Commission and Burrillville School Department.
(Elec. of 11-2-2010, §§ (8.), (9.))
Section 3.15. - Procedure.#
The Town Council shall determine its own rules and order of business. The Town Council may act by rule, resolution or ordinance. In addition to the cases in which an ordinance is required by any specific provision of this Charter, or any applicable law, any action creating or abolishing any office or agency of the Town Government shall be by ordinance only.
Section 3.16. - Ordinances.#
(A)
Introduction. Every proposed ordinance, including an amendment to an existing ordinance, except an emergency ordinance, shall be filed with the Town Clerk by a member of the Town Council, not later than four (4) business days previous to the date of the meeting at which it is to be introduced. A copy thereof shall be posted by the Town Clerk, in some conspicuous place in the town hall where it shall be accessible for inspection by the public. The Town Clerk shall forthwith provide each member of the Town Council with a copy of the proposed ordinance.
(B)
First reading. Every proposed ordinance, other than an emergency ordinance, shall be read a first time by title at the meeting at which it is introduced and shall be advertised by the Town Clerk in a publication of general circulation in the Town. The notice shall set forth the date, time and place of hearing and either the text of the proposed ordinance or the amendment of the ordinance or a digest thereof certified by the Town Solicitor to the Town Clerk as containing an adequate disclosure of the substance of the ordinance or amendment. Additionally, the full ordinance or amendment shall be posted on the Town's website. Postings on the Town's website will be done in a secure formant [format] that is text searchable. No ordinance, except an emergency ordinance, shall be adopted by the Town Council at the meeting at which it is introduced, but shall be referred to the next subsequent regular or special meeting.
(C)
Mandatory public hearing. The Town Council, except for an emergency ordinance, shall hold a public hearing on every proposed ordinance after the proposed ordinance has been introduced and published as provided in § 3.16(B) and no action shall be taken on the ordinance until the conclusion of the public hearing. The Town Council may, by the affirmative vote of four (4) or more members, amend or otherwise act on the proposed ordinance at the public hearing.
(D)
Ordinances in emergency. Enactment by the Town Council dealing with any emergency or emergencies may be adopted on the date of introduction without publication thereof, shall contain a declaration of the existence of the emergency, which declaration shall be conclusive as to the existence of such emergency and shall take effect upon passage. Such emergency ordinance shall be temporary and for the period of the emergency only, may be enacted only after consulting with the Town Manager or his/her duly designated subordinates, and may authorize departments, commissions, offices and agencies of the Town Government to act outside and beyond the usual requirement of ordinances, resolutions, rules and regulations. The Town Council may, by resolution, declare the emergency ended.
(E)
Enacting clause. The enacting clause of all ordinances shall be: "The Town Council of the Town of Burrillville hereby ordains:"
(F)
Recording. The Town Clerk shall record in full, in a properly indexed book kept for the purpose, all ordinances adopted by the Town Council.
(G)
Publication. Every ordinance which imposes a penalty for the violation of its provision shall be published as provided in § 3.16(B).
(H)
Codification. The Town Council shall, within one (1) year of the adoption of this Charter and within every five (5) years thereafter, arrange for the publication of all ordinances of general and permanent character, and may arrange for supplements to be issued from time to time.
(Elec. of 11-2-2010, § (10.))
Section 3.17. - Annual Audit.#
The Town Council shall provide for an independent annual audit of all town accounts by a certified public accountant, who shall have experience in municipal finance, and may provide for such more frequent audits as it deems necessary. The audit shall cover all books, accounts and other evidence of the financial transactions of the Town, and shall conform with generally accepted auditing standards, including all procedures necessary for the auditors to express an informed opinion of the financial condition of the Town. A copy of the audit report each year shall be filed with the Town Clerk and shall be a public record.