The text
Footnotes:
--- (3) --- Charter reference— Town council, art. IV; town officials, art. VI; departments, art. VIII.
Cross reference— Any personnel regulations and any ordinance establishing salaries of town officers and employees or civil service rules saved from repeal, § 1-11(3).
DIVISION 1. - GENERALLY#
Sec. 2-51. - Indemnification and defense of town officials, officers and employees.#
(a)
Definitions: The phrase "official, officer or employee" as herein shall be construed to include any person in any public station, trust or employment conferred by election or by act or appointment of the town council. The phrase shall also be construed to include all duly appointed members of boards, commissions and committees whether paid or volunteer.
(b)
The town shall provide defense counsel for any official, officer or employee of the town whenever such official, officer or employee shall be sued for damages arising out of the discharge, in good faith, of his or her public duties.
(c)
The town shall indemnify and save harmless any official, officer or employee of the town for loss and expense arising out of any claim, demand or judgment by reason of negligence, defamation, or other act resulting in injury to a person or damage to reputation or a business or commercial interest, or damage to or destruction of property, and for loss and expense arising out of any claim, demand, suit or judgment by reason of any act or omission constituting a violation of the civil rights of an employee, teacher or student or any other person under federal law if such act or omission was not committed with malice, provided, that the indemnified person at the time of the accident resulting in injury, damage or destruction, or at the time of the act or omission constituting a violation of civil rights was acting in good faith and within the scope of his/her authority or employment, and provided further, that where timely notice of the claim, demand or suit is not given to the town council such indemnification shall be provided only at the discretion of the town council.
(d)
Defense, counsel and/or indemnification shall be provided pursuant to the terms of this section to an official, officer or employee after his/her authority or employment has been terminated; provided, that such official, officer or employee was in the employ of, or was acting pursuant to authority granted by the town at the time the cause of action accrued; provided, further, in case of a tort action it shall be sufficient if such official, officer or employee was in the employ of, or was acting pursuant to, and within the scope of, authority granted by the town on the date the official, officer or employee committed the act or omission which ultimately produced the injury or damage which gave rise to the cause of action.
(e)
Nothing in this section shall be interpreted as abrogating the discretion of the town council to provide for the indemnification or any official, officer or employee of the town under circumstances not specifically provided for by this section where such indemnification is not repugnant to the constitution or laws of this state or the United States and is deemed by the town council to be in the best interests of the town.
(Ord. of 4-8-03, § 1)
State Law reference— Indemnification of municipal officials and employees, G.L. 1956, 45-15-16.
Secs. 2-52—2-80. - Reserved.#
DIVISION 2. - TAX COLLECTOR#
Footnotes:
--- (4) --- Charter reference— Tax collector, § 604.
Cross reference— Taxation, ch. 42.
State Law reference— Tax collector, G.L. 1956, § 45-4-1.
Sec. 2-81. - Office established.#
Pursuant to P.L. 1996, ch. 48, there is hereby established the office of appointed tax collector to be appointed by the town council and who is to serve at the pleasure of the town council or until his successor shall be appointed and qualified to serve.
(Ord. of 11-4-96, § 1)
Sec. 2-82. - Powers and duties.#
The tax collector shall be duly appointed and qualified to act and shall have all the powers, and perform all the duties as prescribed by law of the state for a tax collector of any town.
(Ord. of 11-4-96, § 2)
Sec. 2-83. - Removal for cause.#
The tax collector may be removed by the town council for cause shown pursuant to G.L. 1956, § 44-7-5.
(Ord. of 11-4-96, § 3)
Sec. 2-84. - Qualifications and compensation.#
The qualifications for such position shall be determined by the town council and compensation shall be paid as approved by the financial town meeting.
(Ord. of 11-4-96, § 4)
Sec. 2-85. - Other duties.#
The tax collector shall perform such other and further duties not repugnant to law as the town council may from time to time order and determine.
(Ord. of 11-4-96, § 5)
Secs. 2-86—2-90. - Reserved.#
DIVISION 3. - AFFORDABLE HOUSING ADVISORY COMMISSION#
Footnotes:
--- (5) --- Editor's note— An ordinance of March 6, 2006, § 1, amended the Code by, in effect, repealing former div. 3, §§ 2-91—2-95, and adding a new div. 3. Former div. 3 pertained to similar subject matter, and derived from an ordinance of July 6, 2004.
Sec. 2-91. - Advisory commission established; terms of members.#
There is hereby established an affordable housing advisory commission for the town consisting of five members. Four members shall be ex-officio members and one member shall be an "at large" member appointed by the town council for a three-year term. Ex-officio appointees shall serve during the tenure of their terms on the corresponding town boards from which they have been designated pursuant to this division.
In the event of a vacancy, interim appointments may be made by the town council to complete the unexpired term of such position.
(Ord. of 3-6-06)
Sec. 2-92. - Composition—Membership.#
The membership of the advisory commission shall consist of the town council president, planning board chair, zoning board chair, economic development commission chair, or designees, and a member of the community at large.
(Ord. of 3-6-06)
Sec. 2-93. - Mission, duties and responsibilities.#
The affordable housing advisory commission shall: (1)
Act as a clearinghouse both in the near and long term for ideas, feedback and constructive critique with respect to the issue of affordable housing in the town.
(2)
Shall meet and monitor progress on a quarterly basis toward achievement of the specific goals with respect to affordable housing in the town as may be set forth in the affordable housing component of the comprehensive plan.
(3)
Submit advice and recommendations for adoption of the mission and scope of work of the affordable housing advisory commission for consideration, ratification and implementation by the town council.
(4)
Make request of the town council for fiscal or staff resources as may be necessary to accomplish its mission as described above.
(5)
Keep accurate records of its meetings and actions and file with the town clerk an annual report thereof.
(6)
Hold all meetings in accordance with the provisions of the open meetings law.
(Ord. of 3-6-06)
Secs. 2-94—2-100. - Reserved.#
DIVISION 4. - AFFORDABLE HOUSING TRUST#
Footnotes:
--- (6) --- Editor's note— An amendment of May 12, 2008, enacted provisions intended for use as division 4, §§ 2-116—2-122. Inasmuch as there are already provisions so designated as §§ 2-116—2-122, and at the discretion of the editor, the provisions have been redesignated as division 4, §§ 2-101—2-107.
Sec. 2-101. - Established; purpose.#
There is hereby established an affordable housing trust (hereafter called "trust" in this division). The trust is organized for the purpose of creating and preserving affordable housing in the town for the benefit of low and moderate income households.
(Amd. of 5-12-08)
Sec. 2-102. - Membership; terms; compensation; election of officers.#
(a)
The town planning board shall act as the interim trust.
(b)
Thereafter, the trust shall be administered by five trustees appointed by the town council, and shall include two members of the town council, two members of the planning board, and one member at-large.
(c)
Of the trustees, one member of the town council and one member of the planning board shall be appointed to serve for coterminous terms of one year, and the remainder of the trustees shall be appointed to serve for coterminous terms of two years. Thereafter, the trustees shall be appointed to serve for coterminous terms of two years. The terms of the trustees shall be staggered so that as nearly one-half as may be shall be appointed annually. There shall be no limit on the number of terms that a trustee may serve.
(d)
The trustees shall receive no compensation for serving as a trustee of the trust.
(e)
The members of the trust shall elect each July, a chairperson, vice-chairperson and secretary from among its members.
(Amd. of 5-12-08)
Sec. 2-103. - Authority to adopt regulations; decisions; annual report; meetings to be open to the public.#
(a)
The trustees may adopt with town council approval reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this division.
(b)
Decisions of the trustees shall be by majority vote of those present and voting, and no business shall be transacted without four members present.
(c)
The trustees shall keep and accurate record of their meetings and actions and shall file an annual report.
(d)
All meetings of the trust, except those held in closed session in accordance with the open meeting law, shall be open to the public.
(Amd. of 5-12-08)
Sec. 2-104. - Acquisition of property.#
The trust shall have the authority with the consent of the town council to acquire any real property from consenting landowners in the town, or any interest therein, which it deems important to achieving its stated purposes.
(Amd. of 5-12-08)
Sec. 2-105. - Powers.#
Subject to review and approval by the town council, the trust shall have the power to: (1)
Purchase, receive by gift, or otherwise acquire real property or any interest in real property consistent with the purposes of the trust. However, purchase of real property shall require prior consent of the town council.
(2)
Accept gifts, grants or services from any source, public or private, and comply, subject to the provisions of this division, with any terms and conditions thereof.
(3)
Accept from the state and/or federal agencies, grants for use in carrying out the purposes of the trust and enter into any agreements with such agencies respecting any such grants.
(4)
Employ such personnel as needed to provide necessary services.
(5)
Administer and manage land and interests in land held by it in a manner which allows for affordable housing.
(6)
Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business.
(Amd. of 5-12-08)
Sec. 2-106. - Budget.#
The town council may annually budget monies to be deposited into a fund to be set up as a revolving account by the town treasurer, with interest to accumulate thereon. The trust's fiscal year shall be consistent with the town's fiscal year.
(Amd. of 5-12-08)
Sec. 2-107. - Additional contributions.#
Additional monies or other liquid assets received as voluntary contributions, or grants and the interest accumulated thereon, shall be deposited into such account, which shall be audited each year.
(Amd. of 5-12-08)
Secs. 2-108, 2-109. - Reserved.#
DIVISION 5. - TOWN SERGEANT AND TOWN CONSTABLES#
Footnotes:
--- (7) --- Editor's note— An ordinance adopted Sept. 3, 2019, set out provisions intended for use as §§ 2-201—2-204. Inasmuch as there were already provisions so designated, at the editor's discretion, these provisions have been included as §§ 2-110—2-113.
Sec. 2-110. - Town sergeant.#
Pursuant to Sec. 607 of the Town Charter there shall be a town sergeant, who shall be elected by the qualified voters of the Town of Exeter at general election for a two-year term and shall serve until his or her successor is elected and qualified. The town sergeant shall have and exercise such powers and duties as are prescribed by law or ordinance.
(Ord. of 9-3-19(1), § 1)
Cross reference— Charter Section 607, Ord. 3-4-1946 Ch. 7 Sections 1 and 2.
State Law reference— R.I.G.L. 45-3-19.
Sec. 2-111. - Special town constables.#
The Exeter Town Council, at any duly convened town council meeting, may elect for a term, not exceeding one year, one or more special constables who shall have and exercise such powers and duties as may be prescribed by law or ordinance. Special constables shall serve at the pleasure of the town council and shall perform such other and further duties as may be assigned to them by the Exeter Town Council and/or by the Exeter Town Sergeant as may be necessary to protect, preserve or maintain the public peace, health, safety, or welfare. Any constable elected by the town council may be removed from office for cause at any time by the town council after written notice and after opportunity for hearing thereon.
(Ord. of 9-3-19(1), § 1)
Cross reference— Charter Section 612, Ord. 3-4-1946 Ch. 7 Sections 1 and 2.
State Law reference— R.I.G.L. 45-16-8, 45-16-9.
Sec. 2-112. - Attendance at meetings.#
In addition to all other duties prescribed by law, Charter, or ordinance, it shall be the duty of the town sergeant and/or the town constables, upon the request of any town council member or upon the request of the presiding officer, chair, or moderator of any town assembly, board or commission, to attend any town assembly or any meeting of such council, board or commission, for the purpose of preventing any interruption or disturbance at such assembly or meeting, or to otherwise preserve the peace and good order of the town. The town sergeant and/or the town constables may remove any person found by the meeting chair, moderator, presiding officer, sergeant or constable to have willfully interrupted, impeded, or disturbed the conduct of any such meeting. In furtherance thereof, the town sergeant or constables may also seek the assistance of, and render all necessary aid and assistance to, other state or local enforcement officers in the discharge of their duties.
(Ord. of 9-3-19(1), § 1)
Cross reference— Code Article I Chapter 2, Sections 2.1 and 2.2.
State Law reference— R.I.G.L. 45-3-19, 45-16-9, 11-45-1, 11-32-1.
Sec. 2-113. - Disturbances at public assemblies.#
Every person who shall willfully interrupt, impede, or disturb any lawful public assembly or meeting or who shall obstruct any constable or town sergeant in the execution of their duties thereat, shall be in violation of the terms of this section and shall be subject to the fines and penalties imposed by law or ordinance, including but not limited to those stated in section 1-15 and 1-16 of the Code of Ordinances.
(Ord. of 9-3-19(1), § 1)
Cross reference— Code Section 1-15, 1-16, Code Article I Section 2.2(c), Code Article I Chapter 2, Sections 2.1 and 2.2.
State Law reference— R.I.G.L. 45-3-19, 45-16-9, 11-32-1, 11-45-1.
DIVISION 6. - DEPUTY ZONING INSPECTORS#
Sec. 2-114. - Office established.#
The town council may select and appoint, from time to time, one or more deputy zoning inspectors.
(Ord. of 12-02-2024(1), § 1)
Sec. 2-115. - Powers and duties.#
Each deputy zoning inspector shall be vested with all powers and duties vested in the zoning inspector by the Home Rule Charter of the Town of Exeter, any town ordinance, or any state law, from the date of their appointment until the date of their discharge. Each deputy zoning inspector shall be considered an "official, officer or employee" as that term is used in section 2-51 of the Code of Ordinances.
(Ord. of 12-2-24(1), § 1)
Sec. 2-115.1. - Qualifications.#
Each deputy zoning inspector shall be qualified by education or experience to perform the duties of the position, but need not be a qualified elector or resident of the town.
(Ord. of 12-2-24(1), § 1)
Sec. 2-115.2. - Removal.#
Each deputy zoning inspector shall serve at the pleasure of the town council and may be discharged, with or without cause, upon a majority vote of the town council or a quorum thereof.
(Ord. of 12-2-24(1), § 1)