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Sec. 2-35. - Definitions and application.#
(a)
The general phrase "boards and commissions", "boards or commissions" or the words "boards" and "commissions" separately shall be construed to mean all boards, commissions, authorities, agencies and committees of the city and any group by any other title that shall function as an independent appointed body of the city. This shall include all bodies whether created by state law, home rule charter, city ordinance, council resolution or executive order.
(b)
Decision making authority shall be defined as all board and commissions whose members are required by R.I.G.L. § 36-14-16 to file annual ethics disclosures.
(Ch. 694, § I, 1-16-18)
Sec. 2-36. - Meetings of boards, commissions, etc., to be made public.#
(a)
All local boards and commissions, as defined in Sec. 2-35, shall hold their meetings open to the public in accordance with G.L. 1956, § 42-46-1 et seq., the Open Meetings Act,. Except that bodies may meet in executive session in accordance with R.I.G.L. § 42-46-4 and § 42-46-5.
(b)
Upon the conclusion of any public hearing the members of such board, and commission, shall announce their decision publicly by individually casting their votes.
(c)
All boards and commissions shall keep minutes of their meetings and shall consider for passage the minutes of each meeting at the subsequent regular meeting or for bodies that do not maintain a set meeting schedule, at the next meeting called. If a body defers passage of the minutes from their previous meeting, a stated reason must be filed with the city clerk. All meeting minutes shall be signed as submitted by the taker of the minutes upon submission to the body for approval and shall be attested by the clerk or secretary of the body or in the absence of a clerk or secretary, by the presiding officer, upon passage.
(d)
All boards and commissions shall make their minutes available to the public in print either in the city clerk's office or in an associated administrative department. In addition to the physical minutes, all local boards and commissions shall make the minutes of their meetings available through the Rhode Island Secretary of State's website no less than fourteen (14) days after passage. If minutes have not been passed within 35 days, draft minutes must be filed until the minutes are approved.
(Rev. Ords. 1987, § 2-36; Ch. 694, § II, 1-16-18)
Sec. 2-37. - Appointment of members to boards and commissions.#
(a)
Members of boards and commissions shall be appointed based on merit. All vacancies or upcoming appointments or reappointments to city boards and commissions shall be posted for a minimum of ten business days on the city website prior to an appointment being made. The posting shall include the name of the board, the appointing authority, the powers and duties of the board, the length of term, and the date that the application period closes. Only city residents may be eligible to serve on city boards and commissions unless otherwise provided for in the Charter, ordinances of East Providence, or state law.
(b)
Any individual seeking an appointment to a city board or commission shall submit an application as promulgated by the city clerk. The application may be obtained and submitted at the clerk's office, or online on the city's website. No other application, letter, or form shall be accepted as a substitute for the application. Once the city clerk has received a complete and submitted application, the clerk shall then give a copy of the application(s) to the appointing or recommending authority within three days of the close of the application period.
(c)
No appointing or recommending authority shall appoint, recommend or vote on a household member or family member for membership to a board or commission. Household member and family member shall be defined as in Regulation 36-14-5004 of the Rhode Island Code of Ethics.
(d)
No person shall serve on more than one city board or commission with decision making authority. Anyone presently serving on more than one board or commission with decision making authority may continue to serve their term but are not eligible for re-appointment if such re-appointment shall cause them to be in violation of this section or except as stated in section (e).
(e)
The prohibition against serving on more than one board or commission with decision making authority shall not apply if a vacancy has occurred for more than ten business days after posting by the city clerk in accordance with section (a) above or when there has been no other eligible application received. The limit of service on more than one board and commission shall not extend to boards and commissions in which the person's service was at the appointment of another board or commission to which they are to serve as a liaison, ex-officio or ad-hoc member. There shall be no limit to service on advisory boards or commissions.
(f)
By November 1 every year, each member of all city boards and commissions must provide one form of government issued photo identification to the chairperson of their board as proof of their residency. The chairperson of each city board and commission shall confirm the address/residence of the members of their board to the city clerk.
(g)
All appointments to boards and commissions within the city shall be made by resolution by the appointing authority. The resolution shall state the appointee's full name, address, and term of appointment.
(Ch. 694, § III, 1-16-18; Ch. 736, § I, 4-16-19)
Sec. 2-38 - Listing of boards and commissions.#
(a)
The city website shall list each board and commission of the city and include the following information:
(1)
A summary of the board or commission functions.
(2)
A link to the enabling legislation that created the body.
(3)
A link to the board or commissions agendas and minutes on the Secretary of State's website.
(4)
A list of all members, each member's contact email address, the appointing authority of each member, the date of their appointment and the expiration date of each members' term.
(Ch. 694, § III, 1-16-18; Ch. 736, § II, 4-16-19)
Sec. 2-39. - Removal of board or commission members.#
(a)
Members of any Board or Commission may only be removed for cause. City Council appointees shall require four-fifths vote to remove, executive mayoral appointments require a mayoral communication requesting removal by the City Council which shall state the cause for removal and shall require a four-fifths City Council vote.
(b)
Causes for removal are as follows:
(1)
Failure to meet prescribed standards of morality and ethics to an extent that makes an appointee unsuitable for any kind of service on a city board or commission, including, but not limited to malfeasance and misfeasance.
(2)
Theft, misuse or destruction of city property.
(3)
Incompetency, inefficiency or negligence in the performance of duties.
(4)
Conviction of a criminal offense.
(5)
Disgraceful personal conduct.
(6)
Unauthorized and excessive absences.
(7)
Acceptance of any valuable consideration which was given with the expectation of influencing a member of the board in the performance of his or her duties.
(8)
Falsification of records or use of official position for personal advantage.
(c)
Board and commission members shall first have been served with a written notice of the intention of the mayor or council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time he or she shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the person who is the subject of the hearing, and he or she may be represented by counsel.
(Ch. 694, § III, 1-16-18)
Sec. 2-40. - Lack of attendance and abandonment of position.#
Any member of a board or commission that shall fail to attend three consecutive regular meetings or five total meetings in a calendar year shall be considered to have abandoned their seat. The presiding officer of the body shall notify the clerk and the appointing authority of the need to fill a vacancy for the remainder of the unexpired term. Should the appointee dispute their removal under this section, they shall be entitled to a hearing such as specified under Section 2-39, such hearing shall be limited to a matter of review of the subject's attendance record.
(Ch. 694, § III, 1-16-18)
Sec. 2-41. - Establishment of boards and commissions.#
All boards and commissions that shall exist in perpetuity shall be established by ordinance and shall not be established via resolution or other council vote, special and select committees or commissions, setup for a specific length of time or for a specific quantifiable objective may be established by resolution, the specific length of time for a special committee by resolution shall not exceed two (2) years. The mayor may create advisory boards and commissions by written order to advise the mayor.
(Ch. 694, § III, 1-16-18)