ARTICLE II. - LEGISLATIVE BRANCH

CHAPTER 1. - THE COUNCIL#

Sec. 2-100. - Number, terms and salaries of the city council.#

Effective January 6, 2014, the council shall consist of seven members, two to be elected by the electors at-large to be known as councilors-at large and one to be elected from each of the five wards of the city to be known as ward councilors. Effective January 6, 2014, the terms of all councilors shall be two years from the first Monday of January following the year in which they were elected except that a councilor elected to fill a vacancy shall serve only for the balance of the unexpired term. In order to accommodate the city's transition to even-year elections, members of the city council elected in 2013 shall serve for a three year term. Effective January 6, 2014, no person shall hold the office of city councilor for more than eight consecutive years. Each council member shall receive a salary as determined by ordinance. No ordinance increasing the salaries of members of the council shall become effective during the current term of office of the members of the council enacting such ordinance. Councilors shall not be eligible for heath insurance, dental insurance and retirement benefits paid for by the city.

(12-8-1969, § 1; 11-6-2012)

Sec. 2-101. - The election of council.#

One councilmember shall be elected from each ward. Each elector shall have the right to vote for one councilmember duly nominated from the ward in which they shall be a qualified elector. Effective January 6, 2014, all electors shall have the right to vote for two councilors-at-large duly nominated.

(11-6-2012; 11-7-2023)

Sec. 2-102. - Reserved.#

Sec. 2-103. - Qualifications of councilors.#

Councilors-at-large, at the time of their election, shall be qualified electors and residents of the city, ward councilors shall, at the time of their election, shall be qualified electors and residents of the respective wards from which they are elected. All councilors standing for election shall have been residents of the city for at least two years. Any councilor who removes their residence from the city shall thereby vacate their office.

(11-6-2012)

Sec. 2-104. - Organization of the council; officers; rules.#

The council shall meet for organization on the first Monday of January following its election, at which time it shall elect a president from among its members. The council shall further elect a president pro tempore from among its members to act in the event of the absence or disability of the president. The council shall adopt rules not inconsistent with this Charter providing for committees, defining the duties of its president, and otherwise providing for its organization and procedure; provided, however, that each committee of the council shall contain at least one councilmemeber from each ward. For the purpose of organizing, the council shall meet at the city council chamber, and the temporary presiding officer shall be the city clerk if present. If said council chamber shall not be available, the city clerk shall designate any other suitable place in the city for such meeting.

(11-7-2023)

Sec. 2-105. - Engagement of mayor and council members.#

The mayor and members of the city council, before entering upon the duties of their office, shall first be severally sworn or affirmed to the faithful discharge of the same, and to the support of the constitution and laws of the state, and of the Constitution of the United States, in the form and manner provided for by law. The oath shall be administered by such individual competent to administer oaths, as shall have been invited to do so by the mayor-elect.

Sec. 2-106. - Employment of counsel.#

In the event the law department declines or fails to advise or render legal services to the council in any matter, and whenever the council is conducting an investigation relating to the executive and administrative branch of the city government, the council may employ and fix the compensation of council of its own selection to handle such matters or to assist in conducting such investigation. In all other cases it shall obtain legal advice and services exclusively from the law department.

Sec. 2-107. - Commitments between election and inauguration.#

During the period between the date of the municipal election and the date set for the swearing in of the newly elected mayor and council members pursuant to section 2-105 of this chapter, neither the mayor nor the council nor any appointed official of the city shall initiate or approve any appointment to office or hiring of city personnel, nor initiate any purchase of commitment of city funds which was not authorized in the annual budget, in the amount of $5,000.00 or more, nor enter into any contract on behalf of the city that will be binding beyond the period of time specified in this section, nor initiate actions on any ordinance or amendment thereto, provided however, that this section shall not be deemed to prohibit emergency expenditures as defined in section 2-302(1) of this Charter.

CHAPTER 2. - COUNCIL PROCEDURES#

Sec. 2-200. - Legislation to be by ordinance.#

Except as hereinafter otherwise provided, every ordinance of the council shall begin with the words: "Be it ordained by the City of Central Falls."

Sec. 2-201. - Manner of introduction.#

Consideration and passage of ordinances and resolutions. (1)

Every ordinance shall be introduced only in written or printed form.

(2)

Every ordinance, except annual budget ordinances and general codifications and revisions of city ordinances, shall contain not more than one subject which shall be clearly and adequately expressed in its title.

(3)

Ordinances making annual or supplemental appropriations shall be confined to the subject of appropriations.

(4)

No ordinance shall be so amended on its passage as to change its original purpose.

(5)

No ordinance, other than an emergency ordinance, shall be acted upon at the meeting at which it shall be introduced, but may be referred to a committee for study and recommendations. Every ordinance referred to the committee shall be reported back to the council for action thereon, with or without recommendations, not later than the regular or special meeting of the council occurring next after 14 days, from the date of such reference. The council may order such ordinance referred back to committee for further study and investigation upon the affirmative vote of three of the members of the council, but said ordinance shall again be reported back to the council for action at the next regular city council meeting.

(6)

No ordinance shall be passed until it has been read on two separate days, nor until at least 72 hours have elapsed between such two readings, provided, however, that the above requirements may be dispensed with in the case of emergency ordinances by a vote of not less than four members of the council.

(7)

The second reading of each ordinance shall be in full, unless a copy thereof shall have been furnished to each member of the council at least 48 hours prior to such reading.

(8)

No ordinance or resolution shall be passed until after it is read unless a majority of the council members present votes to dispense with the reading in which case only the title need be read along with a statement as to its contents.

(9)

Written or printed copies of every ordinance shall be furnished by the city clerk to each member of the council at least 48 hours before the second reading.

(10)

After the introduction of any ordinance the city clerk shall keep available a copy of such proposed ordinance together with all amendments thereto, which copy shall be available for public inspection at all reasonable times.

(11)

The council shall hold at least one public hearing on all budget ordinances and all general and supplemental budget ordinances, before final passage, which hearings shall be held in accordance with rules established by the council. After the introduction of any budget ordinance, the city clerk shall cause a copy thereof to be published in a newspaper having a substantial circulation in the city.

(12)

The council, or a committee thereof, shall hold at least one public hearing on all ordinances, except emergency ordinances, if a petition shall be presented to the city clerk at least 72 hours before the final passage thereof, but not later than seven days after the first passage thereof, signed by at least 100 qualified electors of the city requesting such hearing. Such hearings shall be held in accordance with the rules established by the council or its designated committee.

(13)

Except as herein otherwise provided for the passage of emergency ordinances and ordinances returned to the council with the disapproval of the mayor, every ordinance shall be passed or adopted at each reading by a majority of all the members of the council.

(14)

Resolutions may be passed at the time of introduction.

(12-8-1969, § 1)

Sec. 2-202. - Emergency ordinances.#

An emergency ordinance is an ordinance to provide for the immediate preservation of public peace, property, health or safety in which the emergency claimed is set forth and defined in the preamble thereto. No situation shall be declared an emergency by the council except as defined in this section, and it is hereby declared to be the policy of this Charter that such definition shall be strictly construed by the courts.

Sec. 2-203. - Submission of ordinances to the mayor.#

Every ordinance shall, before it takes effect, be certified by the city clerk to the mayor for his/her approval. The mayor shall sign the ordinance if he/she approves it, whereupon it shall become law. If he/she disapproves it, he/she shall return it to the city clerk with the reasons for his/her disapproval not later than ten days after he/she receives it. If the council shall pass the ordinance by an affirmative vote of four (six effective January 6, 2014) of its members at or before the next regular meeting after the ordinance has been returned with the mayor's disapproval, it shall become law without his/her approval.

If for any reason the mayor fails to sign or return an ordinance to the city clerk within ten days after receiving it, it shall become law on the expiration of said ten days. The mayor may disapprove or reduce any item or items of any ordinance making appropriations, and the approved part or parts of any ordinance making an appropriation shall become law, and the part or parts disapproved shall not become law unless passed by the council over the mayor's veto as provided herein.

(12-8-1969, § 1; 11-6-2012)

Sec. 2-204. - Mayor and others may appear before council.#

The heads of departments or divisions thereof and members of boards and commissions, in matters relating to the functions of their offices, and the mayor and any other elected officials may request the right to appear before the council or any of its committees for the purpose of expressing their views on matters pending before it.

Sec. 2-205. - Council meetings to be public.#

The meetings of the council shall at all times be open and accessible to the public with only the exceptions provided in the state open meetings law.

Sec. 2-206. - Regular meetings.#

Regular meetings of the council shall be held at least once in each calendar month, and there shall be an interval of at least seven days between successive regular meetings. The council shall establish the time at which regular meetings shall be held, and shall schedule and notice all meetings in conformity with the state open meetings law.

Sec. 2-207. - Special meetings.#

(a)

Special meetings may be held at any time upon the call of the president of the council, or two of the members of the council, provided, however, that no business shall be transacted at special meetings, except upon the unanimous consent of all of the members of the council present and voting, unless notice thereof shall have been included in the call of the meeting.

(b)

Emergency meetings may be held at any time upon the call of the mayor.

(c)

Special meetings and emergency meetings shall be scheduled and notice shall be made in conformity with the state open meetings law.

(12-8-69, § 1)

Sec. 2-208. - Quorum; votes to adjourn meetings.#

A quorum shall consist of four members of the council, provided, however, that a majority of the members of the council present and voting, whether or not a quorum shall be present, may vote to adjourn a meeting to any other definite time.

(12-8-69, § 1; 11-6-2012; Memo of 5-12-2015; 11-6-2018)

CHAPTER 3. - LEGISLATION#

Sec. 2-300. - Fiscal year.#

The fiscal year of the city shall be the 12 months commencing each July 1, unless changed by ordinance.

Sec. 2-301. - The annual operating budget ordinance.#

(1)

It shall be the duty of the council, at least five days before the end of the fiscal year, to adopt the annual operating budget ordinance for the next fiscal year. The consideration of the operating budget ordinance shall begin forthwith upon the receipt from the mayor of their annual operating budget message and the proposed annual operating budget ordinance, both of which shall be submitted in written or printed form. The city clerk shall reproduce sufficient copies to supply reasonable requests. The proposed budget ordinance shall be regarded as having been introduced immediately upon its receipt.

(2)

The annual operating budget ordinance shall provide for funding any previously incurred deficit(s) reported in the city's governmental fund(s) and shall provide appropriations for the city council, the mayor, and all departments, boards and commissions which form a part of the executive or administrative branch of the city government, and for all other items which are to be met out of the general revenues of the city. Expenditures for the repair of any property, for the re-grading, repaving or repairing of streets, and for the acquisition of any property or for any work or project which does not have an estimated useful life to the city of at least five years following the time the expenditure is made for it shall be deemed to be ordinary expenses and shall be provided for in the annual operating budget ordinance.

(3)

The mayor's estimates of receipts for the ensuing fiscal year and of surplus or deficit, if any, for the current fiscal year may not be altered by the council.

(4)

In every annual operating budget ordinance, provision shall be made for:

(a)

Debt service requirements and the sums necessary to meet any other outstanding legal obligations.

(b)

An annual independent audit of the financial statements of the city.

(5)

The annual operating budget ordinance may be amended at any time after its passage. Aggregate appropriations may be increased only upon the realization of additional unrestricted revenue in the current year. The operating budget shall not be increased by an appropriation from fund balance, except upon the request of the mayor and subsequent approval by the council.

(6)

Inter-departmental transfers of budget items may not be made except during the last three months of any fiscal year, and only upon the recommendation of the mayor, unless the council shall amend the budget ordinance by vote of not less than four (six effective January 6, 2014) of the members of the council. Intra-departmental transfers may be made at any time upon the request, of the department head, recommendation of the finance director and approval by the mayor.

(7)

At any time during the fiscal year, if it is indicated that actual revenue receipts will not equal the original estimates upon which appropriations were based, the council shall by ordinance, upon the recommendation of the mayor, make such reductions or suspensions in the appropriations for any and all departments as will prevent the occurrence of a deficit.

(8)

The annual operating budget ordinance shall include a reserve fund which must maintain a minimum fund balance of five percent of the previous fiscal year's expenditures subject to the city council voting to appropriate any of these monies with at least five members voting in the affirmative.

(9)

The city shall contribute at least 99 percent of the annual required contribution (ARC) for its pension funds as determined in its annual actuarial valuation.

(12-8-1969, § 1; 11-6-2012; 11-6-2018; 11-7-2023)

Sec. 2-302. - Other appropriations.#

The council may, make operating appropriations in addition to those included in the annual operating budget ordinance: (1)

To meet emergencies which could not be anticipated when the operating budget ordinance was passed.

(2)

To pay the expenses of holding elections, special elections and elections on proposals to amend this Charter.

(3)

To pay the costs of council investigations and inquiries and the compensation of attorneys retained by the council as authorized by this Charter.

Sec. 2-303. - Balancing the budget.#

The council shall ordain such revenue measures as will, in the opinion of the mayor, yield sufficient revenue to balance the budget. For this purpose new sources of revenue or increased rates from existing sources of revenue proposed by the council shall be deemed to yield such amounts as the mayor shall determine.

Sec. 2-304. - The capital program and capital budget.#

(1)

Prior to the beginning of the fiscal year, the council shall adopt a capital program and a capital budget.

(2)

The capital improvement program (CIP) shall embrace all physical public improvements and any preliminary studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any public improvements when first erected or acquired that are to be financed in whole or in part from bond funds subject to control or appropriation by the council. It shall show the capital expenditures which are planned for each of the five ensuing fiscal years. For each separate purpose, project, facility, or other property, there shall be shown the amount, if any, and the source of the money that has been spent, encumbered, or is intended to be spent or encumbered prior to the beginning of the ensuing fiscal year and also the amounts and the sources of the money that are intended to be spent during each of the ensuing five years. The council may delete projects from the capital improvement program as submitted to it, but it shall not otherwise amend the capital improvement program, without the approval of the mayor.

(3)

The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from lease/purchase, note and/or bond proceeds subject to control or appropriation by the council, and shall be in full conformity with that part of the capital improvement program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. The council may amend the capital budget ordinance but no amendment shall be valid which does not conform to the capital improvement program.

Sec. 2-305. - Failure to pass appropriation.#

In an emergency created by the failure of the council to pass the annual appropriation ordinance prior to ten days from the beginning of the new fiscal year, the same amounts appropriated in the fiscal year immediately preceding shall be available for each department, board, commission, and other agency of the city government, subject to monthly or quarterly allotments, in accordance with seasonal requirements as determined by the director of finance and approved by the mayor; provided, however, that expenditures for payment of any indebtedness of the city on bonds or notes and interest thereon shall be in such amounts as may be required, regardless of whether or not an annual appropriation ordinance is passed by the council.

Sec. 2-306. - Code of Ordinances.#

As promptly as possible after the submission to it by the law department, as required by this Charter, of a proposed codification and revision of the effective general ordinances of the city, or of a new Code of Ordinances, the council shall consider and act upon the same, and after the Code has been adopted all measures of general application shall be ordained as amendments of or additions to it. The council shall cause the Code to be published by and distributed through the department of records as other publications of the city are published and distributed. Periodically thereafter, at intervals of not more than ten years, the council shall cause new and up-to-date editions of the Code to be similarly published and distributed.

Sec. 2-307. - Legislation affecting powers and duties of the executive and administrative branch.#

The council may by ordinance add new powers and new duties, not inconsistent with this Charter, to the powers and duties of the offices, departments, boards and commissions which are herein designated as the agencies of the executive and administrative branch of the city government, and may create new divisions or consolidate divisions of departments, but it shall not, except as herein provided, increase the number of such departments, independent boards or commissions. The council may abolish any department, board or commission by a unanimous vote of the entire council.

Sec. 2-308. - Council to fix salaries of officers and employees.#

Except as otherwise provided in this Charter, the council shall fix the salaries of all officers and employees of the city.

Sec. 2-309. - Licensing authority.#

The council shall be the licensing authority of the city, unless otherwise provided by this Charter or by ordinance.

Sec. 2-310. - Annual audit.#

An annual independent audit of all accounts, books, records and financial transactions of every department of the city government, shall be made each year by an independent certified public accountant. The audit shall be conducted in accordance with governmental auditing standards. The auditor shall provide the council with a written opinion, as to the city's overall compliance with generally accepted accounting principles, material accuracy of the financial statements and internal control. The procedure for selecting the auditor shall be that as prescribed in accordance with Rhode Island General Laws. The audit report shall be filed with the city clerk and shall be a public record.

CHAPTER 4. - COUNCIL INQUIRIES AND INVESTIGATIONS#

Sec. 2-400. - Inquiries and investigations.#

The council shall have power by resolution to authorize inquiries and investigations of city affairs to be conducted by the entire body or by any of its committees, in aid of its legislative powers and functions.

Sec. 2-401. - Witnesses.#

The council shall have power to issue subpoena to compel the attendance of witnesses and the production of documents and other evidence at any meeting of the body or any of its committees. It shall have power to punish for contempt.

Sec. 2-402. - Oaths of witnesses.#

The presiding officer of the council or of any of its committees shall have power to administer oaths to witnesses.

Sec. 2-403. - Investigation to be public.#

All inquiries and investigations conducted by the council or any of its committees shall be open to the public, except when in the opinion of the investigating body executive sessions are deemed necessary.

Sec. 2-404. - Rights of witnesses and others.#

Any witness appearing before the council or any of its committees may be represented by counsel. Any person whose character shall have been impugned in the course of any inquiry or investigation by the council or any of its committees shall be given the opportunity to appear with or without counsel, to present evidence, to cross-examine any person who may have impugned their character, and to call witnesses of their own, and the council shall, upon application being made, exercise its subpoena power to compel the attendance of such persons and witnesses as it shall deem necessary and desirable.

(11-7-2023)

CHAPTER 5. - COUNCIL APPOINTMENTS#

Sec. 2-500. - Probate judge.#

At the first regular meeting of the council in January after its organization, or as soon as may be thereafter, the council by a majority of its members shall elect a judge of the probate court of the city to serve until their successor shall be duly elected as aforesaid by the succeeding council. The judge of the probate court shall be a lawyer admitted to practice before the supreme court of the state, and shall have had at least two years' experience in the actual practice of law. In case of the sickness, absence from the city or other disability or ineligibility of the judge of the probate court to serve, the city solicitor or the assistant solicitor shall perform the duties of said judge during the sickness, absence or other inability or ineligibility of the judge. The acts of said acting judge in the performance of said duties shall have the same effect as if performed by said judge.

(11-7-2023)

Sec. 2-501. - Other appointments.#

The council by a majority of its members may elect such other officials not inconsistent with this Charter as they shall deem necessary.