The text
Section 5.01. - Appointment, Qualifications, Compensation.#
The Town Council shall appoint a Town Manager and fix his/her compensation. The Town Manager shall be chosen by the Town Council and shall have a minimum of a bachelor's degree from an accredited four-year college or university and a minimum of three (3) years administrative experience in some facet of town, city or county government. He/she need not be a resident of the Town or State at the time of his/her appointment, but shall become a resident of the Town within six (6) months of his/her appointment. The Town Council may, at its option, extend non-residency for an additional six (6) months in case of hardship. The Town Manager appointed by the Town Council shall be given an employment contract by the Town Council, with a term of three (3) years, subject to such conditions and clauses negotiated by the Town Council and the Manager. The Town Manager may be reappointed by the Town Council for a term of two (2) to five (5) years. The contract shall stipulate that the Manager may only be removed for cause during the term of his/her contract.
Section 5.02. - Prohibition Against Other Employment.#
The Manager shall devote his/her entire time and attention to his/her duties as Manager and shall not, during his/her appointment, be actively engaged in any employment, or business, or in the practice of any profession, or hold any public office other than the office of Town Manager of the Town of Burrillville without prior Town Council approval.
Section 5.03. - Acting Town Manager.#
By letter filed with the Town Clerk, the Manager shall designate, subject to approval of the Town Council, a qualified administrative officer to exercise the powers and perform the duties of Manager during his/her temporary absence or disability. During such absence or disability, the Town Council may revoke such designation at any time and appoint another officer of the Town to serve until the Manager shall return or his/her disability shall cease. If for any reason the Manager failed to designate a qualified administrative officer and the need arose, the Town Council shall have the authority to make the appointment.
Section 5.04. - Powers and Duties of the Town Manager.#
The Town Manager shall be the chief administrative officer of the Town. He/she shall be responsible to the Town Council for the administration of all Town affairs placed in his/her charge by or under this Charter. He/she shall have the following powers and duties:
Department Heads A.
He/she shall appoint all Town employees from a list of names for any position submitted to him/her by the Personnel Board, unless otherwise provided herein. The Manager may authorize any administrative officer who is subject to his/her direction and supervision to exercise these powers with respect to subordinates in that officer's department, commission, office or agency.
Unless otherwise provided in a collective bargaining agreement, the Town Clerk, Chief of Police and Department Heads as specified in the charter shall, for cause, discipline, dismiss, demote and suspend employees assigned to his/her department. An employee shall be entitled to file an appeal to the Town Manager of any action resulting in a dismissal, demotion, or suspension within ten (10) days of the effective date of such action.
The Town Manager shall grant the employee making an appeal an opportunity for a hearing. The Town Manager may suspend the effect of the dismissal, suspension or demotion or may place the employee on administrative leave with pay during the pendency of the appeal.
The Town Manager shall hold a hearing and render a decision within thirty (30) days from the date the appeal is received from the employee. The decision of the Town Manager shall be final.
The Town Manager may, for cause, take direct action to discipline, suspend, dismiss or demote any employee if he/she deems it to be in the best interest of the Town.
Any action to suspend, dismiss or demote an employee taken directly by the Town Manager shall be appealable to the Town Council as specified below.
The Town Manager may, for cause, discipline, dismiss, demote and/or suspend the Town Clerk, Chief of Police and Department Heads as designated by the Charter.
Any person suspended without pay, demoted, or dismissed may within ten (10) days of such action by the Town Manager file an appeal of the Manager's decision to the Town Council. The appeal shall be filed with the Town Clerk.
The Town Council shall grant the person taking an appeal a hearing within twenty (20) days from the filing of the notice of appeal with the Town Clerk. The Town Council shall render a decision within thirty (30) days from the completion date of the hearing.
During the pendency of a direct appeal from the decision of the Town Manager to dismiss or terminate an employee such employee shall be considered on administrative leave without pay but with medical benefits until the Town Council renders a decision.
B.
He/she shall direct and supervise the administration of all departments, commissions, offices and agencies of the Town, except as otherwise provided by this Charter or by law.
C.
He/she shall attend all Town Council meetings and shall have the right to take part in discussion, but may not vote.
D.
He/she shall see that all laws, provisions of this Charter and acts of the Town Council, subject to enforcement by him/her or by officers subject to his/her direction and supervision, are faithfully executed.
E.
He/she shall prepare and submit the annual budget and capital program to the Town Council.
F.
He/she shall submit to the Town Council, and make available to the public, a complete report on the finances and administrative activities of the Town as of the end of each fiscal year.
G.
He/she shall make such other reports as the Town Council may require concerning the operations of the Town departments, commissions, offices and agencies subject to his/her direction and supervision.
H.
He/she shall keep the Town Council fully advised as to the financial condition and future needs of the Town and make such recommendations to the Town Council concerning the affairs of the Town.
I.
He/she shall perform such other duties as are specified in this Charter or may be required by the Town Council.
J.
He/she shall be responsible for the care and preservation of all Town property and equipment.
K.
He/she may delegate to department heads the authority to appoint subordinates within their respective departments.
L.
He/she is responsible for the information system needs of the Town; he/she may subcontract these services when appropriate in order to stay current with ever changing technology and avoid unnecessary duplication of effort and costs with other areas of the Town, e.g., use the services of the School Department's Technology Department.
(Election of 11-8-2022)
Section 5.05. - Assuming Duties of Other Town Officials.#
The Manager may assume, with the approval of the Town Council, in addition to the duties of the office of Manager, any other administrative office or offices, or part or all of the duties of any such office under his/her supervision, but by reason thereof he/she shall not be entitled to any additional compensation.
Section 5.06. - Removal.#
The Town Council may remove the Manager from office in accordance with the terms of his/her contract and with the following procedures: A..
The Town Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered within twenty-four (24) hours to the Town Manager.
B..
Within five (5) days after a copy of the resolution is delivered to the Manager, he/she may file with the Town Council a written request for a private or public hearing. This hearing shall be held at a Town Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Manager may file with the Town Council a written reply not later than five (5) days before the hearing.
C..
The Town Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days, from the date when a copy of the preliminary resolution was delivered to the Manager, if he/she has not requested a public hearing, or at any time after the public hearing after he/she has requested one. The Manager shall continue to receive his/her salary until the effective date of a final resolution of removal.