The text
Sec. 2-1. - Number, selection and term.#
The Council shall have five [5] members, one to be elected from any by the electors of each of the four [4] wards of the City, and one to be elected at large, for a term of four [4] years or until a majority of the newly elected Council have qualified and have taken office.
Sec. 2-2. - Qualifications; when office shall become vacant.#
Council Members be qualified voters of the City and shall hold no other public office or employment in the service of the City. If a Council member shall cease to possess any of these qualifications or shall be convicted of [a] crime involving moral turpitude, his or her office shall immediately become vacant.
Sec. 2-3. - Compensation.#
The annual compensation of Council Members shall be determined by ordinance, but shall not be increased during the current term of Council Members enacting such ordinance.
Sec. 2-4. - Presiding officer; president; vice president; compensation.#
The Council shall elect an officer of the City who shall have the title of president, and shall preside at meetings of the Council. The Council shall also elect a vice president who shall act as president during the absence or disability of the president and if a vacancy occurs shall become president for the completion of the unexpired term. Both the president and the vice president shall be elected from among the Council Members. The president shall receive such additional compensation annually, as determined by ordinance in addition to his or her compensation as a Council member until changed by ordinance, but the amount shall not be increased during the current term of Council Members enacting such ordinance. The vice president while performing the duties of the president in the absence or disability of the president shall receive such compensation as determined by ordinance not to exceed the amount allowed to the president for such services.
Sec. 2-5. - Council to be judge of qualifications of its members; review by courts.#
The Council shall be the judge of the election and qualifications of its members and for such purposes shall have power to subpoena witnesses and require the production of records, but the decision of the Council in any such case shall be subject to review by the courts.
Sec. 2-6. - Vacancies.#
Any vacancy in the Council shall be filled for the unexpired term by vote of the electors of the City or ward. Such vacancy shall be filled at the next regular or special election to be held in the City, or the Council may call a special election for the purpose of filling the vacancy. If a vacancy in the Council shall occur more than nine (9) months prior to the date for the holding of an election, the City Clerk shall call a special election for the purpose of filling such vacancy within thirty (30) days after the vacancy occurs.
Sec. 2-7. - Meetings generally; special meetings.#
The first meeting of a newly elected Council shall be held on the first Tuesday after the first Monday in January following a City general election.
Sec. 2-8. - Quorum; notice of holding adjourned meeting.#
A majority of the whole number of members of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. At least twenty-four (24) hours' notice of the holding of an adjourned meeting shall be given to all members who were not present at the meeting from which adjournment was taken.
Sec. 2-9. - Powers.#
The legislative powers of the City shall be vested in the Council. Without limitation of the foregoing, the Council shall have power to: (1)
Determine its own rules and order of business and keep a journal of its proceedings which shall be open to public inspection in the office of the City Clerk;
(2)
Establish administrative departments and distribute the work of divisions;
(3)
Adopt the budget of the City;
(4)
Authorize the issuance of bonds by a bond ordinance;
(5)
Provide for an independent audit;
(6)
Inquire into the conduct of any office, department or agency of the City and make investigation as to municipal affairs and, for such purposes, the Council may subpoena witnesses and require the production of records if a simple majority of at least three (3) Council Members passes a resolution which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena;
(7)
Adopt ordinances for the government of the City which have to do with records, franchises, finance, personnel, civil service or merit system, pensions and retirement systems, public works, public safety, public welfare, public health, City planning, zoning, parks and playgrounds, and safe and sanitary housing, public utilities and other municipal functions not in conflict with the constitution and laws of the state;
(8)
Grant, suspend or revoke licenses, or, by ordinance, delegate to the Mayor the power to grant, suspend or revoke licenses or classes of licenses, except licenses permitting the sale of alcoholic beverages. The City Council or the Mayor may require an inspection, investigation and report by any department on any license or application for a license. If any applicant, licensee or citizen of the City is aggrieved by the decision of the Mayor in granting, refusing to grant, suspending or revoking any license or application for a license, he or she may appeal from such decision to the City Council.
Sec. 2-10. - Council not to interfere in appointments or removals by mayor; council to act through mayor in dealing with subordinates.#
Neither the Council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the Mayor or by any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Mayor and neither the Council nor any member thereof shall give orders to any subordinates of the Mayor, either publicly or privately. Any Council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a Council member.
Sec. 2-11. - Canvassing authority.#
There shall be a bipartisan canvassing authority whose members shall be appointed by the City Council and nominated by the Mayor as provided by the constitution and laws of the state.
Sec. 2-12. - City clerk.#
(1)
The Council shall appoint an officer who shall have the title of City Clerk, and who shall give notice of its meetings, shall keep the journal of its proceedings, shall authenticate by his or her signature and record in full in a book kept for that purpose all ordinances and resolutions. A preference in hiring shall be given to those residents of the City who apply for this position.
(2)
He or she shall be responsible for the keeping and maintaining, for public inspection, all records of the City including, but not limited to:
(A)
All land evidence records of every kind whatsoever;
(B)
All records of personal property mortgages, attachments, assignments, lis pendens notices, conditional sales, and liens of every kind whatsoever that are now or shall hereafter be required or permitted to be recorded in a public place in charge of or under the control, custody, or supervision of any officer of the City;
(C)
All records of the probate and municipal courts;
(D)
All records of licenses issued by the City or by any officer or employee thereof;
(E)
All records of births, marriages and deaths;
(F)
All records of removals;
(G)
All records of trade names;
(H)
Such other records as shall by ordinance or laws of the state be required to be kept by the City Clerk.
(3)
He or she shall issue all marriage licenses, burial permits, and such other licenses or permits as by ordinance or laws of the state shall be required to be issued by the City Clerk, and shall perform such other duties as may be required by ordinance or laws of the state.
Sec. 2-13. - Planning board.#
The Council shall provide by ordinance for the appointment of a planning board whose members shall be qualified electors of the City. The planning board shall consist of seven (7) members to be appointed by the Mayor, subject to Council approval, at least one (1) member to be a resident of each ward in the City. The planning board shall serve in an advisory capacity to the several officers, departments and agencies of the City and shall make studies of the resources and needs of the City with reference to its growth and development.
Sec. 2-14. - Zoning board.#
The Council shall provide by ordinance for the appointment of a zoning board whose members shall be qualified electors of the City. The zoning board shall consist of five (5) members and two (2) alternates to be appointed by the Mayor, subject to Council approval, at least one (1) standing member to be a resident of each ward in the City. Alternates shall not reside in the same ward. The zoning board shall have power to hear and determine appeals from original actions on requests for building permits and to allow exceptions to or variations from the zoning regulations in certain classes of cases or situations as may be provided by ordinance.
Sec. 2-15. - Independent audit.#
(1)
The Council shall cause to be made an annual independent audit of the books, accounts and other evidences of financial transactions of the City to be conducted either by state auditors or a certified public accountant having no personal interest therein. If such audit is made by a private firm of certified public accountants, such firm shall be changed at least every five (5) years. A copy of the audit report shall be filed with the City Clerk and shall be a public record.
(2)
If the Council shall fail to provide for an independent audit not later than the close of any fiscal year, the proper officers of the state concerned with the municipal audits hereby are authorized to conduct such audit, and the City Clerk shall notify the state in writing that such audit is authorized to be conducted under the provisions of this Charter.
Sec. 2-16. - Procedure of the council with regard to ordinances.#
(1)
Acts by ordinance. In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be, "The Council of the City of East Providence hereby ordains:"
(2)
First reading. Every ordinance shall be introduced in writing, and after passage on first reading, at least three (3) copies of the ordinance, in the form in which it has been passed on first reading, shall be made available to public inspection at the office of the City Clerk and there shall be published a notice in a newspaper having a general circulation in the city, describing the ordinance in brief and general terms and stating that the ordinance is available for public inspection at the office of the City Clerk, together with the time and place when and where it will be considered for final passage. Said notice shall be published at least one (1) week prior to the second reading.
(3)
Second reading and public hearing. At the time and place so advertised, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read in full and, after such reading, all persons interested shall be given an opportunity to be heard.
(4)
Further consideration and final passage. After such hearing, the Council may finally pass such ordinance with or without amendment, except that if it shall make an amendment, it shall not finally pass the ordinance until it shall have caused the amended sections to be published at least once as provided in subsection (2) of this section, together with a notice of the time and place when and where such amended ordinance will be further considered. At the time so advertised or at any time and place to which such meeting shall be adjourned, the amended ordinance shall be read in full and a public hearing thereon shall be held and after such hearing the governing body may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this Charter shall be final and no further passage shall be required.
(5)
Publication of ordinances after final passage. After final passage, there shall be published within three (3) days as in subsection (2) of this section a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the City Clerk.
(6)
Date when ordinances go into effect. Every ordinance, unless it shall specify another date, shall become effective at the expiration of twenty (20) days after such publication following final passage.
(7)
Emergency ordinance. In an emergency affecting the public peace, health or safety, the Council by affirmative vote of two-thirds of its members may adopt without a hearing or second reading an emergency ordinance which shall take effect upon its passage.
(8)
Roll call. The vote upon any ordinance shall be by roll call and entered on the record of proceedings. A vote by roll call shall be taken on any other matter at the request of any two (2) members.