ARTICLE XIX. - GENERAL PROVISIONS

Section 19.01. - Definitions.#

(A)

Manager. The term "Manager" as used in the Charter, shall refer to the Town Manager of the Town of Burrillville.

(B)

Elector. The term "elector" as used in this Charter, shall refer to any person having the qualifications required by law to vote in elective meetings in the Town of Burrillville.

(C)

General Election. The term "general election", shall mean an election held on the first Tuesday after the first Monday in November in even-numbered years, at which time, in addition to the offices provided in this Charter, there are elected candidates to fill the offices of Senators and Representatives in the general assembly, the constitutional officers of the State, members of Congress, and such other offices as may be provided by law.

(D)

No Other Public Town Office. Whenever in this Charter it shall be provided that the named elected or appointed official "shall hold no other public town office or employment in the service of the Town of Burrillville, or of the State or Federal government" there shall be excepted therefrom the office of notary public, justice of the peace, member of the National Guard, member of a reserve component of the armed services of the United States; volunteer fireman, volunteer policeman, civil defense worker, member of a committee or group formed by any religious, charitable or educational organization to work in connection with any agency of the Town; member of any board, commission or agency formed to work alone, or with other members, to carry out projects in conjunction with other municipalities of the State, the State of Rhode Island, or with an agency of the United States.

(E)

Publish. The words "publish" or "published" as used in this Charter, shall mean to cause to be printed as an advertisement, in one or more publications having a general circulation in the Town of Burrillville, and in any other manner established by ordinance.

(F)

Special Election. The term "special election" shall mean any election held by virtue of an act of the general assembly, or by action of the Town Council of Burrillville, in accordance with law

(G)

Ex officio. The term "ex officio" shall mean by virtue of official position.

(H)

Qualified Candidate. The term "qualified candidate" shall mean any person or persons whose name was listed as a candidate on the ballot by virtue of securing the proper number of signatures as attested to by the Board of Canvassers in accordance with the election laws of the State of Rhode Island or a "write-in candidate" that received at least the same number of votes in the general election as signatures required to be listed as a candidate on the ballot.

(I)

Alternate Member. The alternate members shall be designated as the first and second alternates. The alternate members shall sit and may actively participate in hearings and meetings. The alternate member shall be considered a member for constituting a quorum. The first alternate member shall vote if a member of the board is unable to serve at a hearing or meeting. The second alternate member shall vote if two members of the board are unable to serve or the first alternate is unable to serve. In order for an alternate member of the Planning Board or the Zoning Board to vote on a zoning issue or the approval of any stage in the subdivision process that requires a public hearing the alternate must be in attendance at the public hearing(s).

(J)

Vacancy. A vacancy shall exist if a member of the Town Council, School Committee or any board, commission or agency dies, resigns, ceases to be a full time resident of the Town or is removed by the Town Council pursuant to the provision of the Charter.

(Elec. of 11-2-2010, § (11.))

Section 19.02. - Term of Office.#

The non-specified term of all offices, members of boards, commissions or committees appointed with the approval of the Town Council, or appointed or elected by the Town Council, shall commence from the first regular Town Council meeting after the organizational meeting following the general election for a period of two (2) years, unless otherwise provided in the Charter or by ordinance. Every elected or appointed officer of the Town who is elected or appointed for a specific term, shall continue to hold such office until his/her successor is elected and qualified.

Section 19.03. - Open Meetings.#

All meetings of a public body to discuss/or act upon a matter over which the public body has supervision, control, jurisdiction or advisory power shall be in conformance with Chapter 46 of Title 42 of the Rhode Island General Laws as amended, entitled Open Meetings.

Section 19.04. - Public Records.#

All public records shall be open to public inspection in accordance with the State of Rhode Island Open Records Law as it may be amended from time to time

Section 19.05. - Minority Membership.#

The members of any board, commission or agency appointed by the Town Council shall not be composed entirely of members of the same political party.

Section 19.06. - Fees.#

All fees received by any officer or employee of the Town shall belong to the Town and shall be paid to the Town Treasurer at such intervals as the Town Council may require, except as is otherwise provided in this Charter.

Section 19.07. - Compensation of Officers and Employees.#

Subject to the limitations contained in section 3.10 and section 5.04, the Town Council shall have the power and duty to fix the compensation of all elected or appointed officials and employees of the Town, except personnel of the School Department. The Town Council may provide that certain appointees shall serve without compensation but shall be reimbursed for necessary expenses actually made by them. The Manager, or any other officer or employee who performs the duties of an office other than his/her own, shall not be entitled to any additional compensation unless the Town Council shall so provide by resolution or ordinance.

Section 19.08. - Disclosure of Financial Interest.#

Any officer or employee of the Town who has a financial interest, direct or indirect, or by reason of the ownership of stock in any corporation, in any contract with the Town, or in the sale of land, material supplies or services to the Town, or to a contractor supplying the Town, shall make known that interest; and shall refrain from voting upon or otherwise participating in his/her capacity as a Town officer or employee in the making of such sale or in the making of such contract. Any officer or employee of the Town who willfully conceals such a financial interest, or willfully violates the provisions of this section, shall forfeit his/her office or position. Violation of this section, with the knowledge of the person or corporation contracting with or making a sale to the Town shall render the contract or sale voidable by the Town Council.

Section 19.09. - Prohibitions.#

(A)

No person shall be appointed to, or removed from, or in any way favored or discriminated against, with respect to any Town position or appointive Town office, because of age, race, color, sex, sexual orientation, gender identity, political or religious affiliations or opinions.

(B)

No officer or employee of the Town shall collect any fees or perquisites for his/her own use, but such fees or perquisites, collectible under law, shall be paid into the treasury of the Town, except fees for constables, and such other officers or employees as may be authorized by ordinance.

(C)

No officer or employee of the Town shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act or omission in the course of his/her public work.

(D)

No officer or employee of the Town shall use or permit to be used, Town property for private purposes; and no officer or employee of the Town shall use public facilities for the purpose of conducting private business.

(E)

Violations of subsections (A) through (D) will result in employees being subject to disciplinary action as may be provided by Federal law, State law, the Charter, local ordinances, contract and/or collective bargaining agreements.

(Elec. of 11-2-2010, § (13.))

Section 19.10. - Non-interference by Town Council.#

Except for the purpose of inquiries and investigations under subsection 3.14 (I), the Town Council or its members shall deal with town officers and employees who are subject to the direction and supervision of the Manager, solely through the Manager, and neither the Town Council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 19.11. - Separability.#

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter, or any of its provisions, to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

Section 19.12. - Amendment of the Charter.#

The Town Council shall, in the year preceding the 2028 election of the presidential electors, and thereafter every eight (8) years, or more often if it is deemed necessary, appoint a committee of nine (9) members to review this Charter. Said committee shall, within six months of its appointment, submit to the Town Council a report with its recommendations for amendments, additions or deletions to be presented to voters at the next election of presidential electors. This Charter may be amended at any time, or a new charter adopted, in the manner provided by the Constitution of the State of Rhode Island. Should two (2) or more amendments adopted at the same election have conflicting provisions, the amendment receiving the largest affirmative vote shall prevail. The sections of any amendments in addition to this Charter shall be numbered by the Town Clerk and inserted in their appropriate places or added to the Charter. It shall not be necessary for the full text of a Charter, or of amendments to a Charter, to be printed upon the ballot, any digest or description thereof, or any question or statement, which substantially expresses the purposes or identifies the subject matter to be voted upon shall be sufficient. The Town Council shall approve the statement of the question as it shall appear upon the ballot.

(Election of 11-8-2022)

Section 19.13. - Town Employees.#

Whereas it is important and necessary to preserve the integrity of the government of the Town of Burrillville by ensuring that Town employees be at all times beyond suspicion of any violation of the public trust: (A)

Any employee of the Town of Burrillville who is indicted for any crime involving public funds, public property or moral turpitude may be immediately suspended without pay and benefits until such time as the employee is found not guilty or the charges are dismissed.

(B)

Any employee of the Town of Burrillville who is charged by way of criminal information or by way of warrant and summons for any crime involving public funds, public property or moral turpitude may be immediately suspended until such time as the employee shall be found not guilty or the charges are dismissed.

Section 19.14. - Forfeiture of Office.#

Any member of any board or commission who fails to attend three (3) consecutive regular meetings of the board or commission to which he/she has been appointed without being excused by a vote of a majority of the membership of the board or commission on which he/she serves, shall forfeit his/her office. The secretary of the board or commission shall notify the Town Council whenever a member has failed to attend three (3) consecutive regular meetings without being excused. The Town Council shall declare the position vacant and proceed to fill the vacancy.

Section 19.15. - Technical Changes.#

The Town Council, by resolution, may amend the Charter to realign functions prescribed by the Charter to the appropriate departments and to make necessary changes in the section and article numbers of the Charter to reflect the changes in the amendments adopted by the electors of the Town, including the authority to edit the text of the Charter.

Section 19.16. - Qualifications.#

All regular and alternate members of Boards and Commissions shall be qualified electors of the Town of Burrillville.

(Elec. of 11-2-2010, § (14.))