Skip to content
52

ARTICLE III. - MAYOR

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Sec. 3-1. - Election; term of office.#

There shall be a Mayor who shall be elected at the City general election for a term of four (4) years and until his or her successor is elected and qualified. The term of the Mayor shall begin on the first Tuesday after the first Monday in January following said general election.

Sec. 3-2. - Qualifications.#

The Mayor shall be a legal resident of the City for at least four (4) years next preceding his or her election and a qualified elector of the city.

Sec. 3-3. - Compensation.#

The Mayor shall receive such annual compensation as determined by ordinance; provided that the compensation of the Mayor shall not be changed after the filing of nomination papers for the office or during the term of office for which the Mayor was elected.

Sec. 3-4. - Chief executive and administrative officer.#

The Mayor shall be the Chief Executive and Administrative Officer of the City and shall be responsible for the administration and management of all offices, departments and agencies except as may otherwise be provided by this Charter.

Sec. 3-5. - Powers and duties.#

(1)

(a)

The Mayor shall appoint all heads of departments except as otherwise provided by this Charter. Said department heads shall serve at the pleasure of the Mayor. All such appointments constitute unclassified employment positions with indefinite terms subject to removal by the Mayor without cause;

(b)

Appoint, and when necessary for the good of service, remove all other officers and employees of the City except as otherwise provided by this Charter and except as he or she may authorize the head of a department or office to appoint, promote and remove subordinates in such department or office;

(2)

Notify the City Council of all appointments, which shall be in writing and filed with the City Clerk within five (5) days of the appointments;

(3)

Prepare the annual budget and submit it to the Council with recommendations and be responsible for its administration upon approval by the Council;

(4)

Prepare and submit the City Council within ninety (90) days of the close of the fiscal year a comprehensive annual report of the financial transactions and administrative activities of the City and prepare and make available for distribution to the public within six (6) months of the close of the fiscal an audited complete financial statement on the finances and administrative activities of the City for the preceding year.

(5)

Keep the Council advised of the financial condition and future needs of the City and make sure recommendations as may seem to him or her desirable.

(6)

Enforce or cause to be enforced the laws and ordinances of the City of East Providence.

(7)

Recommend to the City Council such measures as he or she may consider necessary and expedient for enactment.

(8)

Negotiate contracts on behalf of the City subject to the approval of the City Council, except as otherwise provided for by the Charter or State Law.

(9)

In the event of a disaster, catastrophe or other similar event the Mayor shall have the power and authority to declare a municipal emergency and to take whatever action he or she deems necessary to protect the health, safety and security of the City and its inhabitants.

(10)

Supervise, control and direct the activities and operations of all departments and administrative offices of the City within his or her jurisdiction.

(11)

Review all rules and regulations of the various department and administrative offices and only upon his or her approval shall they become effective.

(12)

Perform such other such duties as may be required of him or her by ordinance.

(13)

Be recognized as the official head of the City government for all ceremonial purposes and by the Governor for purposes of Military Law.

(14)

Inquire into the conduct of any Council member and, any office, department or agency of the city, and make investigation as to municipal affairs and, only for such purposes, the Mayor may subpoena witnesses and require the production of records by an executive order which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena.

Sec. 3-6. - Passage of ordinances over veto.#

No Ordinance shall take effect without the approval of the Mayor unless: (1)

The Mayor shall fail to sign the ordinance within ten (10) consecutive days after its passage; or

(2)

The Mayor returns it to the Council within ten (10) consecutive days after its passage with a message of disapproval and veto and the Council no later than its next regularly scheduled meeting shall approve the ordinance by the affirmative votes of at least four (4) of its members notwithstanding the disapproval and veto of the Mayor.

Sec. 3-7. - Temporary absence.#

In the event of the temporary absence of disability of the Mayor, not exceeding ninety (90) days, the President of the Council shall act as Mayor, for the time being until the Mayor shall return to his or her duties or until his or her disability shall cease. While serving during the temporary absence of the Mayor, the President of the Council shall not make any appointments or removals other than temporary appointments, until he or she shall have served as Acting Mayor for thirty (30) consecutive days and then only with the consent of the City Council. Any removal made must be for cause. While serving as Acting Mayor under the provisions of this section the President of the City Council may not sit on said Council. If the Mayor returns to office during this period the President of the Council shall return to his or her seat and position on the Council.

Sec. 3-8. - Vacancy.#

(a)

In the event of an absence exceeding ninety (90) days the City Council may declare the office of Mayor vacant.

(b)

In the event of a vacancy of the office of Mayor, if less than six (6) calendar months remains until a regular election and the office of Mayor is declared vacant, the President of the City Council shall act as Mayor. If the President of the City Council shall resign or be unable to act then the Council shall elect as a majority of its members one of its members to serve as Acting Mayor. While serving as Acting Mayor under the provisions of this section the Acting Mayor may not sit on said Council. Any removal made by the Acting Mayor must be for cause. If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more the City Clerk shall call a special election in the manner prescribed by the State Law to fill such vacancy in the office of Mayor. After said election the Acting Mayor shall return to his or her seat and position on the Council unless he or she has been elected Mayor in which case a vacancy on the Council is thereby created to be filled as prescribed in Article 2 Sec. 2-6.

Sec. 3-9. - City solicitor.#

The Mayor shall select an officer of the City with the approval of the City Council who shall have the title of City Solicitor. The Mayor shall also select an officer of the City with the approval of the City Council who shall have the title of Assistant City Solicitor. The City Solicitor and Assistant City Solicitor shall be an attorneys-at-law in good standing who have been admitted to practice in the state. The City Solicitor shall be attorney for the City and legal advisor of the Mayor, Council and of all officers, departments, and agencies and shall perform such other duties as may be prescribed by the Mayor or Council. A preference in hiring shall be given to those residents of the City who apply for this position.

Sec. 3-10. - Administrative departments.#

There shall be a department of finance, a department of public works, a department of police, a department of fire and such other departments as may be established by ordinance.

Sec. 3-11. - Directors of departments.#

At the head of each department there shall be a director, who shall be an officer of the City and shall have supervision and control of the department subject to the Mayor. Two [2] or more departments may be headed by the same individual, the Mayor may head one or more departments, and directors of departments may also serve as chiefs of divisions.

Sec. 3-12. - Departmental divisions.#

The work of each department may be distributed among such divisions thereof as may be established at the direction of the Mayor.