ARTICLE XIII. - GENERAL PROVISIONS

Sec. 13-1. - Printing, publication and distribution of charter and ordinances.#

The Council may provide for the printing, publication and distribution of the Charter and ordinances of the City and may require that a reasonable charge be made for copies thereof.

Sec. 13-2. - Rules and regulations not to be effective until filed with clerk; exceptions.#

No rule or regulation made by any department or agency, except one which relates to its internal organization or management, shall be effective until it is filed in the office of the City Clerk.

Sec. 13-3. - Membership of boards, etc., not to be composed entirely of members of same political party.#

The membership of any board or commission shall not be composed entirely of members of the same political party, and any minority member shall be a bona fide member of his or her party.

Sec. 13-4. - Reserved.#

Sec. 13-5. - Persons in employ of city not to hold elective office.#

No employee of the City shall hold an elective office in the City government while he or she is in the employ of the city.

Sec. 13-6. - Officers or employees not to be financially interested in city contracts, etc.#

No officer or employee of the City government shall be financially interested directly or indirectly in the profits of any contract, job, work or service to be performed for the City or in the sale to the City of any land, property, materials, supplies or equipment, other than as the beneficiary of a patent or copyright or as a minority stockholder with ownership of not exceeding five (5) per centum of such stock outstanding.

Sec. 13-7. - Contracts, etc., entered into contrary to section 13-6 to be void, etc.; penalty for violation of section 13-6.#

Any contract, agreement or obligation entered into contrary to the provisions of section 6 of this article shall be void, and no person shall have any claim or demand whatever against the City thereunder. Any City officer or employee found guilty of a willful violation of said provisions shall forfeit his or her office or position.

Sec. 13-8. - Certain officers and employees to devote full time to their duties; council may grant exemption from section.#

All persons holding office or employment in the City government, other than an elective office, shall be required to engage in the actual work of their offices or employments during regular business hours to the extent that their services may be necessary for the full and complete discharge of their duties. The Council, upon recommendation of the Mayor, shall determine which officers and employees of the City shall not be required to devote their full time to the duties of their respective offices.

Sec. 13-9. - Bond of officers and employees.#

Each officer or employee of the City who has possession of or control over any funds of the City shall give bond for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the Council, and the premiums thereon shall be paid by the City.

Sec. 13-10. - Inspection of records and accounts by citizens.#

All records and accounts of every department and agency of the City shall be open to inspection by any citizen at all reasonable times and under reasonable regulations established by the Mayor, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish and except such records as are required by the laws of the state to be kept confidential.

Sec. 13-11. - Amendments to charter generally; adoption of new charter.#

This Charter may be amended at any time or a new Charter adopted in the manner provided by the constitution. Should two or more amendments adopted at the same elections have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The sections of any amendments in addition to this Charter shall be numbered by the City Clerk and inserted in their appropriate places or added to the Charter.

Sec. 13-12. - How proposed new charter or amendments to charter may appear on ballot.#

It shall not be necessary for the full text of a Charter or amendments to a Charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient. When any question is to be submitted to the voters, the Council shall approve the statement of the question as it shall appear upon the ballot.

Sec. 13-13. - Laws, etc., inconsistent with charter to be superseded.#

Upon the effective date of this Charter all laws and ordinances or parts thereof inconsistent with its provisions shall be superseded insofar as they relate to the municipality.

Sec. 13-14. - Conflict of specific charter provisions with general provisions.#

To the extent that any specific provision contained in this Charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

Sec. 13-15. - Effect of declaring section or part of charter invalid; when state election procedures to apply.#

If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction such holding shall not affect the remainder of this Charter, nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply; and if any section or part of section concerned with election procedures shall be held invalid by such court, the pertinent election procedures set forth in the laws of the State of Rhode Island shall apply.

Sec. 13-16. - Revision and codification of ordinances.#

The Council, within two (2) years following the effective date of this Charter and every tenth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the City which are appropriate for continuation as local laws of the city. Such revision or codification shall be prepared under the supervision of the City Solicitor, but the Council may authorize the solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.

Sec. 13-17. - Construction of words "town of east providence."#

Whenever in any law or resolution of the General Assembly or in any record, instrument or proceeding the words "Town of East Providence" appear, they shall hereafter be construed to mean City of East Providence.

Sec. 13-18. - Charter Commission.#

Starting with the 2022 General Election, and the Statewide General Election every eight (8) years thereafter, there shall be a non-partisan election of a Charter Commission. Said Charter Commission shall consist of nine (9) members, two members (2) shall be appointed by the Mayor, two (2) shall be appointed by the City Council, and five (5) shall be elected, one (1) elected member from each City Ward who shall be a resident of each ward and one (1) elected at-large member. The Charter Commission shall choose the Chairperson of the Charter Commission by simple majority vote of the Commission.

If any member appointed by the Mayor or City Council resigns, dies, or is otherwise ineligible to complete the term of office, their replacement shall be made by the original appointing authority. If fewer than five (5) members are elected or if the elected member resigns, dies, or is otherwise ineligible to complete the term of office, the vacant elected seat(s) shall be appointed by majority vote of the City Council.

The Charter Commission shall meet at least monthly. Within nine (9) months from the date of their election or appointment, the Charter Commission may deliver Charter amendment proposal(s) to the City Council for their consideration. The City Council shall determine, after a public hearing, the number of Charter Amendment proposals to be submitted to the electors of the City at the next state general election.

Nothing in this Section shall be construed to limit any power of the City Council related to the Home Rule Charter Amendment process granted to it under Article XIII, Section 8 of the Rhode Island Constitution.

(Res. No. 87, 6-16-20)

Sec. 13-19. - Council may provide penalties for violation of ordinance.#

The Council may provide reasonable penalties for the violation of any ordinance.