ARTICLE III. - OFFICERS AND EMPLOYEES
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (2) --- State Law reference— Public officers generally, G.L. 1956, § 36-1-1 et seq.; retirement of municipal employees, G.L. 1956, § 45-21-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-47. - Hiring preference to city residents.#
(a)
Legislative findings.
(1)
It is the policy of the city to provide high-quality city services to our community. Quality services are provided by professional, well-trained individuals working together. Selecting the best people to work in city government is essential to the make-up of city government and the fundamental aim of a recruiting program. A proactive, positive approach to recruiting is necessary to attract quality applicants representative of the demographics of the city.
(2)
It is the policy of the city to identify and employ the best-qualified individuals to perform the tasks and functions of city government without regard to race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability. The city prohibits discrimination against any person in recruitment, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration for reasons of political or religious opinions, affiliations, or because of race, color, national origin, physical disability or age, except where specific age or physical requirements constitute a bonafide occupational qualification necessary to properly and efficiently perform the functions of the job.
(3)
It is the policy of the city to actively encourage women, traditionally under-represented populations and minorities to apply for employment in all positions within city government. All persons should have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related areas.
(b)
Legal and actual residents of the city, who have established documented legal residency in the city for at least one year prior to application, shall be given preference in hiring when they are equally qualified, unless otherwise prohibited by law; provided, that the vacant positions be advertised in the classified section of the local newspapers or on various city websites or social media portals and that applications be submitted to the personnel department during the application period. Secondary preference shall be given to any person fluent in any second language as spoken by at least ten percent of city residents as determined by the United States Census Bureau. Secondary preference shall also be given to minority candidates; minority as defined in G.L. 1956, § 37-14.1-3. At least one minority candidate shall be interviewed for each vacant position.
(c)
The director of human resources shall promulgate rules and regulations to implement the provisions of this section.
(d)
The hiring process for police and fire personnel, outlined in chapters 20 and 22 are specifically excluded from the provisions of this section.
(Code 1994, § 2-51; Ord. of 6-18-1985, § 1; Ord. of 3-13-2017(1), § 1; Ord. of 10-29-2020(1), § 1)
Sec. 2-48. - Appointment of department heads.#
(a)
In making appointments of the heads of departments, the mayor shall give preference to persons who are qualified electors of and residents of the city. Secondary preference shall be given to any person fluent in any second language as spoken by at least ten percent of city residents as determined by the United States Census Bureau and also to minority candidates; minority as defined in G.L. 1956, § 37-14.1-3. If the department involves a function requiring technical or professional expertise, the mayor, with the approval of the city council, shall appoint persons especially qualified on the basis of their educational background and professional experience.
(b)
The mayor may appoint an acting head of a department for a period of no longer than 90 days.
(c)
Exceptions.
(1)
Pursuant to section 3-201 of the Charter, this period may be extended if the approval of the appointment of the department head is pending before the city council.
(2)
The mayor may request an extension of the 90-day period with approval of the city council.
(Code 1994, § 2-52; Ord. of 2-12-1990(2), § I; Ord. of 6-11-2019(2), § 1; Ord. of 10-29-2020(1), § 1)
Sec. 2-49. - Availability of city officials; complaints.#
(a)
Availability. The department heads and heads of divisions of departments shall be available to the public in their respective offices during office hours of the business day. If in the event of necessary city business the department head or division head finds it necessary to leave his office during the business day, he will designate another to be in charge and will leave a written record of where he went and the time he left, and this record will be permanent and will be initialed each time the person leaves the city hall in the course of normal city hall hours.
(b)
Enforcement; complaints by citizens. Any person may file a sworn statement in the office of the city clerk charging that any department head or head of division of departments of the city has violated the provisions of this section, which statement shall set out the particulars as to the charges made. The city clerk shall present such charges to the council at its next regular meeting occurring not less than three days after the filing of such charges, and the council shall consider the charges. The council may hold public hearings on such charges, and the council shall hold a public hearing on such charges within 30 days after the presentation to it of the charges by the city clerk as aforesaid if requested so to do by the petition of not less than 50 qualified electors of the city or upon written request of the accused filed with the city clerk within 14 days after the presentation of such charges to the council. In every case where charges have been presented as aforesaid the council shall, by majority vote within 60 days after the presentation of such charges to the council, make a finding of the truth or falsity of such charges, which findings shall be entered into the records of the council.
(c)
Penalties. The city council will submit its findings under subsection (b) of this section to the mayor and the recommended punitive action.
(Code 1973, § 2-2; Code 1994, § 2-2)
Sec. 2-50. - Salaries considered full compensation.#
The salaries paid to all officers, boards and commissions of the city shall be considered full compensation for all services rendered to the city unless otherwise specially provided.
(Code 1973, § 2-8; Code 1994, § 2-3)
Sec. 2-51. - Expense accounts.#
(a)
The expense accounts of any officer, board or commission of the city, including the mayor and city council, are established solely and exclusively for the payment and reimbursement of expenses which are reasonably related to the functions and duties of said office, department, board or commission.
(b)
Any and all expenditures made from the expense accounts described in subsection (a) of this section shall be properly documented by a corresponding minimum, show the date of purchase, a description of the items or services procured and the consideration paid.
(Code 1994, § 2-3.1; Ord. No. 96-005-O, 5-13-1996)
Sec. 2-52. - Money received by officers, boards and commissions.#
All money received by any officer, board or commission of the city by virtue of his or its official position shall inure to the benefit and use of the city and shall be payable to the city treasury as provided by the Charter.
(Code 1973, § 2-9; Code 1994, § 2-4)
Secs. 2-53—2-77. - Reserved.#
DIVISION 2. - AFFIRMATIVE ACTION PROGRAM#
Footnotes:
--- (3) --- State Law reference— State fair employment practices act, G.L. 1956, § 28-5-1 et seq.
Sec. 2-78. - Affirmative action coordinator.#
(a)
The human resources director will coordinate and be responsible for the implementation of the affirmative action plan and will be assigned the following duties and responsibilities:
(1)
Assist management in resolving problems relative to any requirements or provisions of the affirmative action plan.
(2)
Develop and implement audit and reporting system designed to:
a.
Continually measure the effectiveness of the affirmative action plan.
b.
Point out deficiencies and need for remedial action.
c.
Determine degree to which goals and objectives are being reached.
d.
Conduct periodic audits of hiring and promotion patterns and techniques to ensure that provisions of the plan are being carried out, and the goals and objectives are being met.
e.
Make a periodic review of the affirmative action plan and submit recommendations for expansion, improvement or modification of the plan where applicable.
f.
Serve as liaison between the city, minority organizations and community action groups.
g.
Keep the mayor and city department management informed of the latest developments in the equal employment opportunity area.
h.
Hold regular discussions with department heads, supervisors, and employees to ensure that the affirmative action policies are being followed.
i.
Provide an analysis of all department activities to assure affirmative action.
j.
Report to the mayor on a regular basis as to progress in the implementation of the affirmative action plan, modification of the plan and degree to which goals and objectives are being reached.
k.
Complete and submit reports as required by the federal equal employment opportunities commission.
l.
Submit quarterly reports and present reports to the city council at the regularly scheduled council meeting following each of these dates: March 1, June 1, September 1 and December 1.
(b)
All discriminatory or unnecessary restrictions on age, sex, physical characteristics, education, and experience will be deleted from all recruiting announcements, and only bona fide requirements may be specified, particularly of age and sex. Job description and applications will be analyzed to ensure qualifications and questions are job related and that references to sex will be deleted wherever practicable with the approval of the city council.
(c)
Communication will be made with organizations that serve the minority population so that employment needs are widely publicized to attract minority applicants.
(d)
The coordinator will ensure that no person shall on the grounds of race, color, sex, age, disability or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) or due to breastfeeding in a public place, gender identity, marital status, political ideology, religion, sexual orientation, or military status or veteran status, as provided by SMC 14.04, 14.06 ad 14.10, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any city job, program or activity.
(Code 1994, § 30-31; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-79. - Selection process.#
(a)
The council and affirmative action coordinator shall continually review the city's selection process to ensure that the appointment process does not discriminate against any applicant on the basis of race, color, religion, sex, age, national origin, disability, or due to breastfeeding in a public place, gender identity, marital status, political ideology, religion, sexual orientation, or military status or veteran status.
(b)
Requirements involving records and other factors which may cause a disadvantage to minority groups will be examined for each class of position by the affirmative action coordinator. Only realistic requirements will be applied.
(c)
Application forms will be revised to eliminate questions which may be racially, ethnically, religiously, or sexually biased.
(d)
Interviewers shall not ask questions which may be interpreted to be discriminatory nor will sex or minority status be considered a factor in selecting the most qualified applicants.
(e)
Selection will be based upon the possession of those skills and qualifications outlined in the position classification plan.
(Code 1994, § 30-32; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-80. - Testing.#
Testing will be an area of immediate concern. All tests which are used for hiring or promotion will be professionally evaluated for their validity and significance as an indicator for effective job performance.
(Code 1994, § 30-33; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-81. - Training.#
All formalized training which is developed or any educational program provided will be made available on an objective and nondiscriminatory manner.
(Code 1994, § 30-34; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-82. - Promotions.#
(a)
Promotional opportunities will be publicized within all city departments.
(b)
Programs will be established to provide for the following:
(1)
Listing of job vacancies.
(2)
Equal opportunity for all employees to apply for promotion.
(3)
Fair and equal selection standards.
(4)
Pointing out deficiencies and need for remedial action.
(c)
Exceptional vocational achievements will be publicized in local news media.
(d)
All employees, especially minorities and women, will be encouraged to seek promotional opportunities.
(Code 1994, § 30-35; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-83. - Contractor-vendor relations.#
(a)
Pursuant to federal regulations, affirmative action is required of employers holding federal contracts. A written affirmative action program is required of all large non-construction contractors and subcontractors. As a prime contractor, the city has to inform all contractors and subcontractors of its policy of nondiscrimination and affirmative action. The affirmative action coordinator, in coordination with the city's purchasing agent, shall immediately:
(1)
Identify and list all contractors and vendors doing business with the city.
(2)
Ensure that all contractual provisions are nondiscriminatory.
(3)
Incorporate the equal opportunity clause in all purchase orders, contracts, leases, etc.
(4)
Send written notification to all contractors, vendors and suppliers to inform them of the city's affirmative action policy and requesting compliance on their part.
(5)
Develop a system of monitoring the city's contractors, vendors and suppliers to ensure that appropriate sanctions are taken when warranted.
(6)
Meet with minority and female contractors, vendors and suppliers to inform them of the city's affirmative action policy and posture.
(b)
(1)
Within six months of the passage of this section, the affirmative action coordinator, in coordination with the city's purchasing agent, shall conduct a study and determine whether there is a gross statistical disparity or historical pattern or practice of discrimination in the awarding of city contracts. Upon a finding of prima facie proof of a historical pattern or practice of discrimination, the purchasing agent is authorized to establish by regulation a requirement that the narrowly-tailored victims of this historical pattern or practice of discrimination shall be awarded a minimum of 25 percent of the dollar value of the entire procurement or project for every city bid or project in excess of $10,000.00.
(2)
Minority business enterprises shall be included in all procurements and construction projects and shall have a goal of being awarded a minimum of 25 percent of the dollar value of the entire procurement or project in excess of $10,000.00. All procurements shall contain a form and affidavit that detail the minority business enterprise involvement as promulgated by the purchasing agent. A bid or procurement application that does not include this form and affidavit shall be deemed incomplete and void. Any minority business enterprise currently certified by the State of Rhode Island or the U.S. Small Business Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified as a minority business enterprise and shall only be required to submit evidence of federal certification of good standing. The purchasing agent is authorized to establish by regulation the certification process and formulas for giving minority business enterprises a preference in contract and subcontract awards.
(c)
The purchasing agent shall have the power to impose sanctions upon vendors not in compliance with this section and shall include but not be limited to:
(1)
Suspension of payments;
(2)
Termination of the contract;
(3)
Recovery by the city of 25 percent of the contract award price as liquidated damages; and
(4)
Denial of right to participate in future projects for up to three years.
(Code 1994, § 30-36; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-84. - Compensation.#
(a)
The city will ensure equal pay for equal work regardless of sex, race, creed, national origin or handicap.
(b)
A continuing review of jobs will be conducted to ensure that compensation for work performed will not be discriminatory.
(c)
Fringe benefits will be afforded on an equal basis for all employees.
(d)
All job classifications will be reviewed on an annual basis to ensure adequate compensation for work performed.
(Code 1994, § 30-37; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-85. - Long range plan.#
The affirmative action officer, in coordination with the purchasing agent, will initiate steps with other departments to develop common guidelines and procedures and take joint action in implementing affirmative action relationships with respect to contractors, vendors and suppliers to impact change more effectively.
(Code 1994, § 30-38; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-86. - Dissemination of policy, plan and program.#
(a)
Internal. Each employee shall be fully informed of the city's affirmative action policy, plans and commitments, as well as their own responsibilities to ensure an on-going program with positive results. This shall be accomplished by the following:
(1)
Written communication from the council president. Initially, this will be sent to all employees and department heads.
(2)
Each city department will be provided with a complete copy of the city's affirmative action plan; additionally each department head will have a copy readily available for reference and employee inquiries.
(3)
Special meetings, during initial stages, will be held regularly to discuss program responsibility and to review progress.
(b)
External. Copies of the city's affirmative action program shall be placed in the secretary of states' office, available on a noncirculatory basis to employees and general public. Additionally, the affirmative action coordinator will:
(1)
Initially, forward a letter to all regular recruitment sources, along with a copy of the council's resolution of affirmative action, advising them of the city's policy and that legally the city cannot continue to use their services unless applicant referrals are made on a nondiscriminatory basis. This shall include:
a.
Public and private employment agencies.
b.
Appropriate media.
c.
Educational institutions.
d.
Minority and female organizations.
e.
Community groups.
(2)
Meet periodically with department heads to explain and to review progress of the city's affirmative action policies and programs.
(3)
Notify all contractors, subcontractors, vendors and suppliers in writing of the city's affirmative action policy and program, requesting appropriate supportive action on their part by means of written acknowledgement or receipt of the city's policy.
(c)
Insertion of equal opportunity clause into documents; revocation clause for noncompliance. The affirmative action coordinator will ensure that an equal opportunity clause is included in all purchase orders, contracts, leases, etc., with revocation clauses for noncompliance.
(Code 1994, § 30-39; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-87. - Records and reports.#
(a)
Personnel records will be established and maintained to permit assessment of the city's effort towards affirmative action and equal employment opportunity.
(b)
The affirmative action coordinator will monitor records of referrals, placements, transfers, promotions and terminations at all levels of city government to ensure that the goals of the affirmative action plan are met.
(c)
All department heads will require reports as requested from supervisory personnel.
(Code 1994, § 30-40; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-88. - Program evaluation.#
(a)
The major objectives of affirmative action program evaluations are to:
(1)
Assess the effectiveness of management in:
a.
Identifying the factors and problems that have bearing on equal employment opportunity.
b.
Developing and implementing action programs to meet and overcome any obstacles to full equality of opportunity.
(2)
Provide management with a date upon which to base recommendations or directions for future remedial action.
(3)
Assure that action has been taken on prior recommendations and directions.
(b)
The evaluation will be directed toward accomplished results rather than just efforts made.
(c)
The evaluation will focus attention on assessing the adequacy of problem identification in the affirmative action program and the extent to which the specific action steps in the plan provide solutions, rather than mere identification of a remaining problem and recommendations for their solution.
(d)
The evaluation should determine that there is motivation for improvement and a willingness at all organizational levels to follow through on problem resolution.
(e)
The affirmative action coordinator shall make an annual report to the city council detailing the overall status of the program, results achieved toward established objectives, identification of any particular problems encountered and recommendations for corrective actions needed.
(f)
The affirmative action plan shall be reviewed at least annually and revised as necessary with new objectives and timetables established for the ensuing year. The affirmative action coordinator shall make available to the city council any reports detailing:
(1)
Annual statistical report (current employment).
(2)
Applicant referrals.
(3)
Promotions and transfers.
(4)
Hires (appointments).
(5)
Separations.
(6)
Promotable employees.
(7)
Training summary.
(8)
Annual narrative summary.
(Code 1994, § 30-41; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-89. - Freedom of information.#
(a)
All records of the city pertaining to the affirmative action program will be open to any and all persons.
(b)
With the exception of federal auditors from the federal or state equal employment opportunity agencies, a request, in writing, will be required from an individual or organization wishing to examine the files.
(c)
No person or organization will be permitted to review or examine any part of the affirmative action files pertaining to disciplinary action against an employee without a duly signed and notarized document of release executed by the employee to whom the records pertain.
(Code 1994, § 30-42; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-90. - Employee trainings.#
The human resources director shall ensure that all city employees and members of boards and commissions receive a training on discrimination, cultural sensitivity, sexual harassment before starting their employment and/or appointment. All employees and members shall receive, at a minimum, an annual training on these same matters thereafter.
(Ord. of 10-29-2020(1), § 2)
Sec. 2-91. - Racism and racial discrimination.#
(a)
[Definitions.]
Racism means a belief that race is the primary determinant of human traits and capacities and those racial differences produce inherent superiority of a particular race.
Racial discrimination means any discrimination against individuals on the basis of their skin color, or racial or ethnic origin.
(b)
All acts of racism or racial discrimination by City of Central Falls employees will not be tolerated, and will result in automatic termination; said employee shall be prohibited from working for the City of Central Falls in any capacity.
(c)
All employees of the City of Central Falls have a duty to immediately intervene and report the following acts to the affirmative action coordinator:
(1)
When they are a witness to wrongful conduct, including racial discrimination or racism, by fellow employees;
(2)
When they are a witness to blatant civil rights violations being committed by other employees.
(d)
All employees who fail to take action in subsection (c) above will result in automatic termination and said employee shall be prohibited from working for the City of Central Falls in any capacity.
(Ord. of 10-29-2020(1), § 2)
Secs. 2-92—2-106. - Reserved.#
DIVISION 3. - INDEMNIFICATION#
Footnotes:
--- (4) --- State Law reference— Indemnification of public officials, employees or elected officials, G.L. 1956, § 45-15-16.
Sec. 2-107. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Acting within the scope of his official duties or employment shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city.
(Code 1994, § 30-68; Ord. of 8-31-2004(3))
Sec. 2-108. - Coverage.#
The city shall indemnify any and all public employees, officials, members of boards, agencies and commissions appointed by the mayor, the city council or by any other person exercising appointing authority delegated to them by said mayor and/or city council, whether or not such employees, officials or members are paid, from all loss, cost, expense and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment, by reason of any intentional tort or by reason of any alleged error or misstatement or action or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act or omission or neglect contrary to any federal or state law which imposes personal liability on any such employee, official or member, if such employee, official or member, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his official duties or employment.
(Code 1994, § 30-61; Ord. of 8-31-2004(3))
Sec. 2-109. - Denial of indemnification.#
The city shall decline to indemnify any such employee, official or member for any misstatement, error, act, omission or neglect if the same resulted from willful, wanton or malicious conduct on the part of such employee, official or member. The city council shall decide, on a case-by-case basis, whether indemnification should be allowed or declined.
(Code 1994, § 30-62; Ord. of 8-31-2004(3))
Sec. 2-110. - Defense in actions.#
(a)
The city shall have the duty to provide legal representation through the city solicitor or through outside legal counsel without charge to the persons involved to any city officer or employee indicated in section 2-108, in connection with any claim, suit for damages or other action against such person arising from the performance by said person of his public duties, provided that such person may have his own private counsel to assist in his defense, at the expense of the person so involved.
(b)
The city council shall have the authority to approve or deny any and all requests for outside legal counsel on a case-by-case basis.
(c)
The city shall not be liable for settlement, costs, expenses, or attorney's fees arising out of any claim or suit effected without its consent.
(d)
The city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
(Code 1994, § 30-63; Ord. of 8-31-2004(3))
Sec. 2-111. - Expenses included in indemnification.#
(a)
Indemnification shall include provision of legal counsel at the expense of the city and expenses incurred in connection with the conduct of such defense, including payment of any judgment thereon.
(b)
The city shall be responsible for paying attorneys' fees for outside legal counsel only upon approval of same by the city council.
(Code 1994, § 30-64; Ord. of 8-31-2004(3))
Sec. 2-112. - City's defenses.#
Nothing in this article shall be construed or interpreted as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or any of its officers or employees.
(Code 1994, § 30-65; Ord. of 8-31-2004(3))
Sec. 2-113. - Notice required.#
The provisions of this article shall apply only where the city has been given timely notice of any actions brought against any person.
(Code 1994, § 30-66; Ord. of 8-31-2004(3))
Sec. 2-114. - Conflict of interest.#
Nothing in this article or in any ordinance of the city shall be construed to require the city solicitor to provide legal services in any manner which would cause the attorney to be involved in a conflict of interest.
(Code 1994, § 30-67; Ord. of 8-31-2004(3))
Secs. 2-115—2-141. - Reserved.#
DIVISION 4. - CITY SOLICITOR#
Sec. 2-142. - Duties.#
It shall be the duty of the city solicitor, or some person duly authorized by him and for whose conduct, skill and faithfulness he shall be accountable, to draft all bonds, deeds, obligations, conveyances, agreements and other legal instruments of whatsoever nature which may be required of him by any provision of this Code or other ordinance or order of the city council or by any committee of the council. The city solicitor shall commence and prosecute all actions and suits to be commenced by the city before any tribunal of the state, whether at law or in equity, and shall appear in, defend and advocate the interests and rights of the city or of any officers thereof in any suit or prosecution for any act or omission in the discharge of their official duties wherein any estate, right, privilege, ordinance or act or any breach of any ordinance may be brought into question. The city solicitor shall also, when requested, act as attorney and counsel for any officers of the city in any prosecution or proceeding which may be instituted by such officers in their official capacity for any breach of any of the laws of the state or of any of the provisions of this Code or other ordinances, orders or bylaws of the city. The city solicitor shall, in all matters, do every professional act incident to the office which may be required of him by the city council or by any committee thereof and shall, when required, furnish the city council or any officer of the city who may require it in the discharge of his official duties with his written legal opinion on any subject touching the duties of their respective offices or the rights, duties and interests of the city.
(Code 1973, § 2-20; Code 1994, § 2-67)
Sec. 2-143. - Compensation.#
In all cases, when attendance out of the city may be required of the city solicitor, his reasonable traveling expenses shall be allowed him.
(Code 1973, § 2-21; Code 1994, § 2-68)
Sec. 2-144. - Assistant city solicitor.#
(a)
Position established. There is hereby created in the law department of the city the position of assistant city solicitor.
(b)
Appointment; qualifications. The mayor shall make the appointment of the assistant city solicitor, who shall be a lawyer admitted to the practice before the supreme court of the state.
(c)
Functions and duties. The assistant city solicitor shall have such functions and duties as are authorized and delegated to the law department of the city under provisions of Charter. He or she shall work under the supervision of the mayor and the city solicitor and shall serve at the pleasure of the mayor.
(Code 1973, § 2-21.1; Code 1994, § 2-69; Ord. of 6-23-2000; Ord. of 4-12-2013)
Sec. 2-145. - Legislative solicitor—Legislation.#
(a)
Position established. The position of legislative solicitor is hereby established to provide advice and counsel to city council on matters wherein the city council by majority vote has determined the need for advice and counsel separate and apart than that being rendered by the city law department on a particular city matter.
(b)
Appointment; qualifications. The city council may engage a legislative solicitor, who shall be a lawyer licensed to practice in Rhode Island and have a minimum of five years experience. Said engagement shall be on a contract basis and it shall not constitute an appointment as a city employee or a member of the law department.
(c)
Functions and duties. The legislative solicitor shall have such functions and duties to advise the council on legislative and other legal matters wherein the council has determined the need for legal representation separate and apart from the law department and such engagement shall be for a period not to exceed 90 days with compensation allocated annually at the amount of $7,500.00 from the city's contingency fund. This legislative solicitor shall serve at the pleasure of the council and address those issues as outlined in a duly authorized and approved letter of engagement.
(Code 1994, § 2-70; Ord. of 6-4-2001; Ord. of 4-20-2013)
Secs. 2-146—2-173. - Reserved.#
DIVISION 5. - CITY CLERK#
Sec. 2-174. - Deputy city clerk.#
The mayor shall designate one employee in the department of records to be the deputy city clerk. Such deputy shall have and exercise all the powers and perform all the duties which are incumbent on the city clerk, being thereunto qualified by taking the oath of office.
(Code 1973, § 2-26; Code 1994, § 2-83)
Sec. 2-175. - Records.#
The city clerk shall maintain an official electronic tape recorded copy and a video copy as well as written minutes of all city council and liquor board public meetings for public review.
(Code 1994, § 2-84; Ord. of 4-17-2000)
Secs. 2-176—2-190. - Reserved.#
DIVISION 6. - MUNICIPAL CODE OF ETHICS#
Footnotes:
--- (5) --- Editor's note— An ordinance adopted Feb. 13, 2013adopted Feb. 13, 2013, set out provisions intended for use as § 2-53. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as Div. 6.
Sec. 2-191. - Code of ethics.#
(a)
Legislative intent and declaration of policy. It is declared to be the policy of the city that all officers and employees of the city are public servants of the people and hold their positions for the benefit of the public. These public servants shall fulfill conscientiously, according to the Home Rule Charter, the Code of Ordinances of the city and all applicable laws, their duties and shall prove themselves in their behavior worthy of the esteem which their position requires. In all official activity, such officers and employees shall strive to meet the highest standards of ethics consistent with this code and state law, regardless of personal considerations, recognizing that maintaining the respect of the people must be their foremost concern. In enacting this code of ethics the city recognizes that the state code of ethics applies to all city employees and officials. Accordingly, the purpose of the city's ethics code is not to replicate the prohibitions and regulations which already govern municipal employees. Rather, the goal of this ethics code is to address issues and conduct not covered by the state ethics code and in so doing to hold the city's employees and officials to the highest possible standards of ethics.
(b)
Definitions. For purposes of this section:
(1)
Business associate means a person joined together with another person to achieve a common financial objective, irrespective of any profit or non-profit making status.
(2)
City means the City of Central Falls.
(3)
City facility means any structure or building owned, operated or managed by the city or a municipal agency.
(4)
Elected official means any individual elected to an office created by the Charter of the city.
(5)
Employee means any individual other than an elected official or an independent contractor, receiving compensation for services performed for the city.
(6)
Family member means an individual who is related to a person as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step-grandparent, step-great grandparent, step-grandchild, step-great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or cohabitating and/or living arrangement in any form whatsoever.
(7)
Municipal agency means any department, bureau, commission, board, or authority, of the city or quasi-public authority recognized by city charter or created by ordinance or resolution. It shall also include any group of persons, corporations, organizations, or other entities, however created, which exercise governmental functions of the city, other than in an advisory nature, and expend public funds in excess of $10,000.00 annually.
(8)
For the purposes of interpretation and application under this city code of ethics, any reference to "city official", or "official", shall mean the mayor, the members of the city council and the members of all boards, commissions and authorities whose members are appointed by the mayor, with or without city council approval, and those appointed or elected by the city council, all department heads and all deputy department heads or city employees.
(9)
A person "represents" another person before a municipal agency if he or she is authorized by that other person to act, and does in fact act, as the other person's attorney-at-law or his or her attorney-in-fact or a duly authorized agent in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in favor of that other person.
(10)
A person "represents" himself or herself before a municipal agency if he or she participates in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in his or her favor.
(c)
Prohibited conduct relating to employment.
(1)
Coercion for trading with a particular business. It is unlawful for any official or employee of the city or a municipal agency to discharge, threaten to discharge, discipline, threaten to discipline or otherwise discriminate against any other officer or employee for trading or not trading as a customer or patron with any particular business, without just cause or reason not to engage any particular business.
(2)
Use of public property. It is unlawful for an official or employee of the city or a municipal agency to knowingly use property, including but not limited to intellectual property, or resources, or city services wherein the city is the participating customer or patron, owned by the city or an independent agency, including but not limited to vehicles, for his or her personal benefit, convenience or profit, except in accordance with policies promulgated by the council or by the governing body of the municipal agency owning the property.
(3)
City seal. It is unlawful for any person to fraudulently affix or impress the seal to or upon any certificate, instrument, commission, document or paper or with knowledge of its fraudulent character to use, buy, procure, sell or transfer to another any certificate, instrument, commission, document or paper, to or upon which the seal has been fraudulently affixed.
(4)
Activities relating to promotion or appointment. It shall be unlawful for any person seeking employment or promotion in the city or a municipal agency to either directly or indirectly give, promise, or pay any money, service of other thing of value for, or on account of, in connection with or for the purpose of influencing or affecting their test, appointment, proposed appointment, promotion or proposed promotion.
(5)
Misuse of position. It is unlawful for an official or employee of the city or municipal agency to intentionally use his or her official position to secure a special privilege or exemption for himself, herself or any other person that said employee may have an association or relationship with defined under section 2-191(b)(1) and (6) of this article.
(6)
Misuse of information. It is unlawful for an official or employee of the city or a municipal agency to willfully or knowingly disclose any confidential or privileged information acquired by reason of the officer or employee's position, unless authorized or required by law to do so. Provided that nothing herein shall prohibit an officer or employee from engaging in conduct protected by Chapter 28-50 of the Rhode Island General Laws, the Rhode Island Whistle Blower's Protection Act.
(7)
No show jobs. It is unlawful for an official or employee of the city or a municipal agency to knowingly employ a person with public funds who does not perform tasks which contribute substantially to the work of the government of the city or a municipal agency or whose tasks are grossly disproportionate to the compensation received.
(8)
Outside work during business hours. No city employee shall engage in any outside business or commercial activity during regular business hours of his or her city position. All city employees are assumed to be full time, unless their personnel record or applicable personnel policies indicate otherwise.
(9)
Representing persons. It shall be unlawful for any official or employee of the city or a municipal agency to act as agent or attorney for, or otherwise represent any person (except the city or the municipal agency) before any court, or before any state, federal, or local agency, or any officer or employee thereof in connection with a particular matter:
a.
In which the city or a municipal agency is a party or has a direct and substantial interest; and
b.
In which the employee or official participated personally and substantially as a city official or employee; and
c.
Which involved a specific party or parties at the time of such participation; and
d.
Which is the same matter in which the official or employee participated as a city official or employee.
(10)
Advising or consulting. It shall be unlawful for any official or employee of the city or a municipal agency to aid, advise, counsel, consult or assist another person (except the city or municipal agency) in connection with a particular matter:
a.
In which the city or a municipal agency is a party or has a direct and substantial interest; and
b.
In which the employee or official participated personally and substantially as a city official or employee; and
c.
Which involved a specific party or parties at the time of such participation; and
d.
Which is the same matter in which the official or employee participated as a city official or employee.
(d)
Duty to report. A city employee with knowledge or information as to any prohibited conduct within subsection (c) above shall have a responsibility to report said information in a timely manner to the city ethics integrity officer.
(e)
Report of testimonial proceeds intended for personal use. Within 90 days from the date of a testimonial affair which was intended to raise funds for the personal use of a person who is a city employee upon her or his retirement or departure from the city or any municipal agency of the city, said city employee or a duly authorized designee shall make a full report to the city clerk, upon a form to be provided by the city ethics integrity officer setting forth the net proceeds realized by the testimonial affair and the names and addresses of each contribution of in excess of $100.00 to the affair and the amount contributed by each. The person making said report shall certify to its correctness. The city employee shall be responsible for maintaining accurate financial records of the testimonial affair and for filing the aforementioned report unless he or she files with the city clerk, prior to the affair, a statement designating another city employee who has signed an acknowledgement accepting responsibility to maintain those records and to file said report.
(f)
Former employees/officials.
(1)
Representing persons. It shall be unlawful for any person who was an official or employee of the city or a municipal agency or instrumentality, for a period of one year after separation of said position, to act as agent or attorney for, or otherwise represent any person (except the city or the municipal agency) before any court, or before any state, federal, or local agency, or any officer or employee thereof in connection with a particular matter:
a.
In which the former employee or official participated personally and substantially as a city official or employee; and
b.
Which involved a specific party or parties at the time of such participation; and
c.
Which is the same matter in which the official or employee participated as a city official or employee.
(2)
Advising or consulting. It shall be unlawful for any person who was an official or employee of the city or a municipal agency or instrumentality, for a period of one year after separation of said position, to aid, advise, counsel, consult or assist another person (except the city or municipal agency) in connection with a particular matter:
a.
In which the former employee or official participated personally and substantially as a city official or employee; and
b.
Which involved a specific party or parties at the time of such participation; and
c.
Which is the same matter in which the official or employee participated as a city official or employee.
(3)
Contracts, grants and subsidies. It shall be unlawful for any former employee or official of the city or a municipal agency who participated personally and substantially in the negotiation of a municipal contract, grant or, subsidy, including but not limited to a tax stabilization agreement or a tax increment financing arrangement valued at $50,000.00 or more, or who supervised the negotiation or award of such a contract to accept employment with a party to the contract (except the city or municipal agency) or with the recipient of the grant or subsidy for a period of one year after such contract is signed or the grant or subsidy is awarded.
(4)
Confidential information. It shall be unlawful for any former employee or official of the city or a municipal agency to disclose confidential or privileged information acquired during service as employee or official, unless authorized or required by law to do so.
(5)
Revolving door.
a.
It shall be unlawful for an elected official, while holding office and for a period of one year after leaving office, to seek or accept employment with any municipal agency or instrumentality, other than employment which was held at the time of the official's election or at the time of the enactment of this section, except as provided herein.
b.
Nothing contained herein shall be construed to prohibit an elected official from seeking or being elected to any other elective office.
(g)
Campaign ethics.
(1)
Political activities while on duty with the exception of the mayor, it is unlawful for an employee of the city or an independent agency to take any active part in political management or in political campaigns during duty hours; provided that this section shall not be construed to prohibit an officer or employee from voting as he or she may choose and from expressing his or her opinion on a political subject or candidate.
(2)
Restrictions on campaigning by city employees. It is unlawful for any employee of the city or a municipal agency while attending to city business within city offices; or while wearing a city uniform required for his or her employment to: a. Request, in person, that any individual contribute any time, money or other thing of value to any candidate, political party or political committee; or b. Solicit, in person, support or votes for any candidate, political party or political measure.
(3)
Soliciting contributions from city employees. It is unlawful for any person to solicit political contributions from employees of the city or a municipal agency during the employee's hours of employment.
(4)
Soliciting contributions in city facilities. It is unlawful for a person to make, solicit, or knowingly accept any campaign contribution in a city facility.
(h)
Aiding and abetting. No person shall knowingly and intentionally provide assistance to or otherwise aid or abet any other person in violating any provision of this ordinance.
(i)
Suspension or dismissal for felonies related to employment. Upon indictment, information or complaint and/or arraignment for a felony directly related to his or her employment, any city employee shall be suspended with or without pay, or transferred to another position. Upon conviction of or plea of nolo contendere to a felony related to his or her employment, a city employee shall be dismissed immediately.
(j)
Penalties and enforcement.
(1)
Criminal penalties. Any person who knowingly and willfully violates the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation and/or imprisonment of not more than 30 days.
(2)
Civil penalties. Any person who intentionally or negligently violates the provisions of this article shall be liable in a civil action brought by the city solicitor in the municipal court for an amount up to $500.00 for each violation as well as the pecuniary value of any unjust enrichment realized by the violator, a family member of the violator or a business associate of the violator as the result of his or her violation of this article.
(3)
Statute of limitations. No complaint may be made under this article except within five years after the violation alleged in the complaint has been committed.
(k)
City ethics integrity officer. The role of city ethics integrity officer is hereby established and shall be executed by the city solicitor.
(1)
Mission. The mission of the city ethics integrity officer is to encourage each of the officials and employees of the city and municipal agencies to act in an ethical manner. This mission requires that the city ethics integrity officer encourage employees and officials not only to comply with various laws, but more importantly, to adhere to the highest standards of ethical behavior.
(2)
Duties. In pursuing the above referenced mission, the duties of the city ethics integrity officer include, but are not limited to the following:
a.
Education and training. Develop training and education programs in coordination with the state ethics commission and in so doing encourage compliance with both the letter and the spirit of ethics laws. An introductory program will be required for all employees and officials.
b.
Written materials. The city ethics integrity officer will publish a "plain English" Ethics Handbook which addresses the requirements of the city ethics code and the code of ethics of the state.
c.
Website and reporting. The city ethics integrity officer may develop and publish a website related to city ethics to contain a vehicle whereby members of the public may report any circumstance or situation involving an employee or official of the city or a municipal agency which appears to violate or may potentially violate the city ethics code or the code of ethics of the state. The website should contain links to readable and downloadable copies of the city ethics code and the code of ethics of the state.
d.
Information advice. The city ethics integrity officer will be available on a confidential basis to all employees and officials to answer questions regarding ethics and may provide informal advice regarding issues relating to the city code of ethics. The municipal integrity officer will also assist employees and officials in seeking guidance from the state ethics commission relative to the code of ethics of the state.
e.
Review and recommend. Review periodically this code and other applicable laws and recommend to the office of the mayor and the city council appropriate changes to this ordinance.
f.
Liaison with state ethics commission. The city ethics integrity officer will maintain liaison with the state ethics commission on a regular basis to remain attuned to the requirements of the state code to engender cooperation with the state ethics commission.
(Ord. of 2-13-2013, § 1)
Sec. 2-192. - Lobbyist disclosure.#
(a)
Purpose. The purpose of this section is to create disclosure requirements for municipal lobbyists to ensure the transparency and openness of city government. This disclosure will require lobbyists to provide pertinent information for the benefit of the general public, the mayor and the city council. This section is not intended to discourage or prohibit the exercise of constitutional rights.
(b)
Definitions.
(1)
City official means the mayor, members of the city council, directors, deputy directors and department heads in the City of Central Falls.
(2)
Lobbying means any verbal communication with a city official for the purpose of influencing a municipal decision and for which compensation is received.
(3)
Lobbyist means any person who engages in lobbying for compensation.
(c)
Lobbyist disclosure required. Prior to any lobbying, every lobbyist is required to disclose the following information to the city clerk in a publicly accessible database: lobbyist name, name of lobbyist entity, if applicable, work address, work phone number, work email, name of person or entity on whose behalf the lobbying activity is occurring, amount of compensation for lobbying activity and specific subject matter of lobbying activity.
(d)
Lobbyist reports required. Reports shall e filed with the city ethics integrity officer, both by the person, corporation, or association having engaged any person to act as a lobbyist, and by the lobbyist, as follows:
(1)
A final report shall be filed not later than January 15th of each year. The report shall include all money or anything of value which in the aggregate exceeds $250.00 provided or promised to any city official within the preceding calendar year. "Money" and "anything of value" in this subsection and in subsection (d)(2) of this section shall mean any fee, salary, commission, expense, allowance, forbearance, forgiveness, royalty, rent, capital gain, gift, loan, reward, favor or service, gratuity or special discount, or any other form of recompense that constitutes income under the Federal Internal Revenue Code. In the event no compensation has been paid or received, and no expenses have been paid or incurred during the preceding calendar year, an annual report stating such information shall be filed not later than January 15th.
(2)
Not later than January 15th of each year, every person, corporation, or association specified in this subsection shall provide an exact copy of the report required in subsection (d)(1) [of this section] to the Rhode Island Ethics Commission and to any city official to whom the person, corporation, or association provided or promised money or anything of value which in the aggregate exceeds $250.00 within the preceding calendar year.
(e)
Administrative penalty for violations. Any person, corporation, association, or lobbyist who is found to have intentionally violated any provision of this article may be subject to administrative penalties imposed by the city clerk as the circumstances may merit upon notice and opportunity to be heard before the city clerk. Said penalties include the imposition of a fine not to exceed $250.00 per day and/or the removal of such lobbyist from the city clerk's register of lobbyists and prohibition of lobbying activity until the following year or until compliance is established.
(f)
Exceptions. The following persons or actions shall be exempt from the provisions of this section:
(1)
Any elected public official or the official's designee acting in his or her official capacity, or any municipal employee acting within the scope of his or her employment.
(2)
News media employees or agents who in the ordinary course of business write, publish, or broadcast news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action, if those persons engage in no other lobbying activities in connection with that action.
(3)
Drafting legislation.
(4)
A person appearing to testify in a public forum in support of or in opposition to legislation or municipal decision.
(5)
Attorneys representing clients before a city board or commission shall not be considered lobbying for purpose of this ordinance.
(Ord. of 2-13-2013, § 2)
Sec. 2-193. - Pay to play prohibited.#
(a)
Definitions. For purposes of this section:
(1)
Candidate for Central Falls public office means the candidate committee of any holder of or candidate for municipal public office in the City of Central Falls which has filed a Notice of Organization with the Campaign Finance Division of the Rhode Island Board of Elections.
(2)
Contribution means any contribution, whether a monetary or in-kind contribution, of any amount, made to a candidate for Central Falls public office.
(3)
"No-bid contract" means any contract awarded without public bidding pursuant to Chapter 9 of the Home Rule Charter.
(b)
Restrictions.
(1)
The City of Central Falls shall not enter into a no-bid contract with any person or entity if that person or entity has made any contribution to a candidate for Central Falls public office which exceeds the thresholds set forth in subsection (2) below within one year prior to the date of the award of the no-bid contract for such services.
(2)
Any person or entity may annually contribute a maximum of $300.00 each for any purpose to any candidate for Central Falls public office without violating subsection (1) above.
(3)
All no-bid contracts shall provide that it shall be a breach of the terms of the contract for the person or entity to make or solicit a contribution in violation of this section.
(4)
No contribution shall be deemed a violation of this section if made prior to the effective date of this article.
(5)
Prior to awarding any no-bid contract, the purchasing agent shall receive a written certification from the person or entity attesting to compliance with this section.
(c)
Penalty. Any person or entity who violates the provisions of this article shall be deemed to have materially breached the no-bid contract and shall be disqualified from eligibility for any future no-bid contract with the City of Central Falls for a period of one year from the date of violation and shall be subject to a fine up to $500.00 for each violation.
(Ord. of 2-13-2013, § 3)
Sec. 2-194. - Revocation or reduction of retirement benefits of employees for dishonorable service.#
(a)
Payment of a retirement allowance or annuity or other benefit or payment subject to section 4-1601 of the Home Rule Charter shall be for "honorable service" only.
(b)
Definitions. For purposes of this section:
(1)
Board shall mean the Board of Retirement of the City of Central Falls;
(2)
Crime related to his or her public employment shall constitute "dishonorable service", and shall include any of the following conduct, whether or not the conduct results in a criminal conviction:
(A)
Committing, or aiding or abetting the commission of, embezzlement of public funds;
(B)
Committing, or aiding or abetting the commission of, any felonious theft by a public employee from his or her employer;
(C)
Committing, or aiding or abetting the commission of, bribery in connection with, or involving, a public employee;
(D)
Committing, or aiding or abetting the commission of, any felony by a public employee who willfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or for some other person, through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment; and
(E)
Any other misconduct or crime which the board, by a majority vote, determines is "dishonorable service," after weighing and balancing the following factors:
(i)
The employee's length of service;
(ii)
The basis for retirement, i.e., age, service, disability, etc.;
(iii)
The extent to which the employee's pension has vested;
(iv)
The duties of the particular employment;
(v)
The employee's public employment history and record;
(vi)
The employee's other public employment and service;
(vii)
The nature of the misconduct or crime, whether it involved an isolated act or multiple acts, and its gravity or substantiality;
(viii)
The relationship between the misconduct or crime and the employee's public duties;
(ix)
The quality of moral turpitude or the degree of guilt and culpability, including the employee's motives and reasons, personal gain, and the like;
(x)
The availability and adequacy of penal sanctions; and
(xi)
Other personal circumstances relating to the employee bearing upon the justness of forfeiture.
(3)
Employee shall mean any current or former city elected official, or any appointed official, or employee of the city, or of a city board, commission or agency, who is otherwise entitled to receive a pension.
(4)
Pension shall include an employee's retirement allowance or annuity or other benefit or payment subject to section 4-1601 of the Home Rule Charter.
(c)
Mandatory board action. Notwithstanding any other provision of law, a pension shall be revoked or reduced by the board under this section if an employee is convicted of, or pleads guilty or nolo contendere, to any crime related to his or her public employment. Any such conviction or plea shall be deemed to be "dishonorable service" and a breach of the employee's contract with his or her employer; however, for purposes of this section, "pleads guilty or nolo contendere" shall not include any plea of guilty or nolo contendere which does not result in a conviction by virtue of G.L. 1956, § 12-10-12 or § 12-18-3, as amended.
(d)
Permissive board action. Notwithstanding any other provision of law, a pension may be revoked or reduced by the board under this section if a majority of the board determines by a preponderance of the evidence that an employee has engaged in "dishonorable service" after weighing and balancing the factors set forth in section (b)(1)(E).
(e)
Due process. If a majority of the members of the board vote to consider any action to revoke or reduce any pension, the board, before taking any such action, shall:
(1)
Conduct a meeting with the involved employee and inform the employee of the alleged conduct forming the basis of the contemplated board action; and thereafter,
(2)
Provide the employee, and his or her spouse or domestic partner, dependents and/or designated beneficiaries, with ample notice of the relevant alleged conduct and an opportunity to be heard.
(f)
Balancing test; calculations. This section is intended to be equitable, rather than penal, in nature. Thus, when deciding to revoke or reduce a pension, the board shall weigh and balance the factors set forth in subsection (b)(1)(E). In addition:
(1)
The board need not compare an employee's periods of dishonorable service with periods of allegedly honorable service, other than as may be required to determine the legitimate interest of an innocent spouse, domestic partner, dependent, and/or designated beneficiary, and the board may revoke or reduce a pension even if the evidence of "dishonorable service" is limited to an isolated act by an employee who had separate periods of city employment;
(2)
The board shall decide whether the revocation or reduction shall take effect (and be calculated) from the date:
(A)
Of the dishonorable service; or
(B)
The date notice was provided under subsection (e)(2); or
(C)
The date of the board's decision under subsection (g); and
(3)
If the board determines to revoke or reduce a pension, the employee's contribution to the pension system shall be refunded, without interest; however, if, as of the date of the board decision, the employee:
(A)
Has not made full restitution for any loss proximately caused by his or her dishonorable service (including, but not limited to, the fees and costs incurred by the board), and/or
(B)
Has already received pension payments, the amount of the unreimbursed loss and/or the pension payments received shall be deducted from any such refund.
(g)
Appeal and standard of review.
(1)
If the board determines by a majority vote that revocation or reduction of a pension is warranted, it shall make specific factual findings in support thereof and shall render a written decision, which shall be appealable to the superior court as long as such an appeal is filed within 20 calendar days from the date the board decision was rendered. Such appeals shall be pursuant to the Rhode Island Administration Procedures Act 42-35-1, et seq.
(Ord. of 2-13-2013, § 4)