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1100 - BASIC PROVISIONS#
1110 - Incorporation.#
The residents of the Town of Hopkinton, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity under the name of "Town of Hopkinton", and as such shall continue to have, exercise and enjoy all the rights, immunities, powers, privileges and franchises, and shall be subject to all the duties and obligations, now incumbent upon or appertaining to said Town as a municipal corporation, or by virtue of the laws of this State so far as the same shall not be altered by this Charter or amendments hereof.
1120 - Form of Government.#
The municipal government by this Charter shall be known as "Council - Town Manager Government".
1130 - Powers of the Town.#
The Town has all the powers granted to a town and all the powers possible for a town to have under the Home Rule Charter amendment and under the Constitution and laws of this State together with all the implied or incidental powers necessary to carry into execution the powers granted. The Town may acquire property within or outside its corporate limits for any Town purpose in fee simple or any lesser interest or estate by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interest may require. Except as prohibited by the Constitution of this State or restricted by this Charter, the Town shall and may exercise all municipal powers, functions, rights, privileges and immunities deemed to be exclusive and it is intended that the Town shall have and may exercise all powers which could be enumerated in this Charter under this State's Constitution.
1140 - Intergovernmental Agreements.#
The Town may enter into contracts or cooperative agreements with the federal government, the State or with any political subdivision thereof, for the performance of any services, the use of any facilities, the combination of services and/or functions, and the financing thereof.
1200 - GENERAL PROVISIONS#
1210 - Amending the Charter.#
A.
This Charter may be amended at any time or a new charter adopted at any time in the manner provided by the Constitution of the State. Should two (2) or more amendments adopted at the same time have conflicting provisions, the one receiving the largest affirmative vote shall prevail.
B.
The sections of any amendment added to this Charter shall be appropriately numbered by the Town Clerk and inserted in their appropriate places.
C.
It shall not be necessary for the full text of the Charter or any amendments thereto to be printed on the ballot. A digest or description of the amendments or any question or statement which in the opinion of the Charter Commission substantially expresses the purposes or identifies the subject to be voted on shall be sufficient. When any question is to be submitted to the electors, the Town Council shall approve the statement of the question as it appears on the ballot. A copy of the full text of the Charter or amendments shall be posted on the Town's web site, in each polling place, and at such other places as may be designated by the Board of Canvassers.
D.
No less than every five (5) years, the Charter shall be reviewed by a Charter Commission comprised of not less than five (5) nor more than nine (9) members who shall be qualified Electors of the Town and whose duty it shall be to review the Charter and bring to the Town Council, recommendations for amendments or revisions (if any). Upon submission and presentation to the Town Council of such recommendations by the Charter Commission at a regular or special Town Council meeting, the Town Council shall schedule at least one public hearing to review and discuss such recommendations with the Commission and the public. Town Council motions to accept or reject such submissions may be made at the close of the public hearing, only if such hearing is held during a regular or special Town Council meeting whose agenda shall include these matters.
Upon Town Council approval, recommendations approved, as submitted, or modified as agreed to by a majority of a quorum of Commission members present at such meetings shall be placed on the ballot in the election next following the approval of such recommendations.
1211 - Construction.#
The provisions of this Charter shall be liberally construed in favor of the Town. The powers of local self-government shall include not only those granted in express terms but also those not inconsistent with or prohibited by the Constitution of the State.
1212 - Validity.#
If any section or part of a section of this Charter is found invalid by a court of competent jurisdiction, that holding shall not affect the remainder of this Charter nor the context in which the section or part of the section found invalid appears, except to the extent that an entire section or part of a section is inseparably connected in meaning and effect with the section or part of a section found invalid. If any section or part of a section pertaining to election procedures is held invalid by a court, the pertinent election procedures set forth in the laws of the State shall apply.
1213 - Conflict of Provisions.#
To the extent that any specific provision contained in this Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
1214 - Printing of the Charter.#
The Council may provide for the printing, publication and distribution of the Charter and may, at its discretion, require that a reasonable charge be made for copies. However, the Council shall provide a copy of the Charter to every Town officer, employee and board or commission member without charge.
1215 - Electronic Filing of the Charter.#
This Charter shall be posted and maintained on the Town's web site and may be downloaded without charge. The Council shall provide, at no cost, this Charter on the most current means of electronic storage used by the Town.
1220 - Authority of Officers.#
Any powers, duties, or functions which are required by law to be exercised, performed, or administered by a particular officer or officers of the Town shall be carried out by the officer or officers who by this Charter or by ordinance or by law are responsible for the same, regardless of the title or designation of the office.
1221 - Oath of Office.#
Every officer of the Town shall, before entering upon the duties of his or her office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the Town Clerk: "I solemnly swear (or affirm) that I will support the Constitution and obey the laws of the United States of America and of the State of Rhode Island; that I will, in all respects, observe the provisions of the Charter and ordinances of the Town of Hopkinton, and will faithfully discharge the duties of the office of …".
1222 - Official Bonds.#
The Town Council shall require a bond, in such amount and with such surety as this Charter or the Town Council may specify, from all persons entrusted with the collection, custody or disbursement of any of the Town's money and may require such bond from other officials and employees as the Council may deem advisable and as required by law. The premiums on such bonds, except for auctioneers, shall be paid by the Town unless provided otherwise.
1223 - Terms of Office.#
The term of office of all officers, members of boards, commissions and committees of the Town, appointed with the approval of or appointed or elected by the Council, shall be stated in or by ordinance.
1224 - Qualifications for Elected Office.#
All elected officers of the Town shall be qualified electors of the Town who have been a resident for at least six months and one day and shall be qualified as provided by this Charter; and if any elected officer of the Town ceases to be a resident of the Town, the office held by that person shall become vacant.
1230 - Rules for Boards, Commissions and Committees.#
Every appointed board, commission and committee of the Town shall adopt rules not in conflict with the State law or this Charter with regard to conduct of meetings, attendance and election of officers.
1231 - Residence of Members of Boards, Commissions and Committees.#
No person shall be appointed to any board, commission or committee of the Town unless he or she is a qualified elector of the Town and a resident actually living in the Town, except as otherwise provided by State law and by this Charter, and if any appointed member of any board, commission or committee ceases to meet such qualifications, the position held shall become vacant.
1240 - Multiple Office Holding.#
No elected member of the Town government shall hold more than one (1) elective or position in the Town Government at the same time. No elected member of the Town government shall, at the same time, hold any position by virtue of an appointment by the Town Council or the Town Manager. Appointed members of the Town Government may hold more than one (1) appointed position if the Town Council fails to find and appoint any other Town elector to the vacant position. Membership on boards or commissions that act as representation of the Town of Hopkinton in regard to the School District shall not disallow that elector from serving on another board, committee or commission in Town government.
1241 - Employee(s) Office Holding.#
No employee of the Town shall hold an elective or appointed office in the Town government while he or she is employed by the Town.
1250 - Conflict of Interest.#
A.
No member of the Town Council, School Committee, nor the Town Manager nor any officer or employee of the Town shall (a) make a contract with the Town (with the exception of his or her own contract of employment), or (b) receive any commission, discount, bonus, gift, contribution, or award from, or any share in, the profits of any person making or performing such contract unless:
(1)
The person concerned is a member of the Council or the Town Manager, then he or she shall immediately, upon learning of the existence of such contract or that such contract is proposed, notify the Council in writing of the nature of his or her interest in such contract.
(2)
The person is a member of the School Committee or an officer or employee of the School Department, then he or she shall immediately, upon learning of the existence of such contract or that such contract is proposed, notify the School Committee in writing of the nature of his or her interest in such contract; and
(3)
The person is some other officer or employee of the Town, then he or she shall immediately, upon learning of the existence of such contract or that such contract is proposed, notify the Town Manager in writing of the nature of his or her interest in such contract; and
(4)
In each case listed above, he or she shall also abstain from doing any official act on behalf of the Town or of the other contracting party with reference thereto;
(5)
Provided, however, that when a contractor with the Town is a corporation or a voluntary stock association, the ownership of less than five (5%) percent of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of this section, and ownership of under five (5%) percent shall not affect the validity of the contract unless the owner of the stock or agent of the corporation or association, solicits or takes part in making the contract.
B.
No Town officer or employee shall accept any gratuity or thing of value from any person who has business with the Town, or whose intent is to influence that officer or employee in the performance of his or her official duties. No Town officer or employee of the Town shall sell, give or loan equipment, property or supplies belonging to the Town, or allow any such equipment, property or supplies to be sold, given or loaned to any person or organization without authorization in writing from the Town Manager.
C.
Any Town officer or employee who willfully violates the requirements of this section shall be guilty of malfeasance in office or position, shall forfeit his or her office or position, and he or she shall, in addition, be guilty of a misdemeanor, to the extent that the Town suffers loss thereby. Violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with or making a sale to the Town shall render the contract void-able by the Town Council.
D.
Any resident of the Town or any other interested person may instigate an inquiry into a possible conflict of interest violation. An investigation may be instigated by presenting a written statement of an alleged violation to the Town Manager, Town Solicitor, or any member of the Town Council.
E.
The Town Council shall provide by ordinance appropriate procedures for the implementation of the provisions of this section which shall adequately protect the rights of any person accused hereunder to a fair hearing and the rights of the Town.
1260 - Conviction of a Crime.#
Any elected officer while in office in the Town of Hopkinton convicted of a crime which is a felony or involves malfeasance, misfeasance or nonfeasance in office shall be deemed to have vacated his or her office.
1261 - Background Checks.#
Any person applying to be appointed or hired as an employee shall be required to submit to a background check. The Town Council by ordinance shall establish procedures for such background checks, which shall at a minimum set forth by whom and how they will be conducted, how the rights of the person being investigated will be protected, to whom results will be reported, and what actions will be taken in response to their findings in light of the nature and responsibility of the position to which the person wishes to be elected, appointed or hired.
1270 - Performance of Duties.#
All paid personnel holding office or employment in Town government, other than elected office, shall be required to engage in the actual work of their employment during regular business hours to the extent that their services may be necessary for the complete discharge of their duties. The Town Council, upon the recommendation of the Town Manager, shall determine which employees of the Town shall not be required to devote their full time to their duties, except as provided by the Charter or employment contract.
1280 - Inventory of Town Property and Equipment.#
On an annual basis the Finance Director will distribute a Capital Asset List to Department heads for their review. Department heads will respond with any property or equipment that needs to be added or deleted from the Capital Asset List in accordance with the Capital Asset Policy. This Capital Asset List will be used for the town's annual audit. The inventories shall be public records, if requested.
1281 - Disposition of Surplus Equipment.#
Disposition of surplus equipment shall be in accordance with the Capital Asset Policy.
1290 - Public Access to Records.#
It shall be the policy of the Town of Hopkinton to comply with Rhode Island's Access to Public Records Act.
1300 - SCHOOL DEPARTMENT#
1301 - Establishment of a School District.#
The Town of Hopkinton reserves the right to establish its own school district as per Chapter 16 of the Rhode Island General Laws.
1400 - FINANCIAL PROVISIONS#
1410 - Fiscal Year.#
The fiscal year of the Town government shall begin on the first day of July and shall end on the last day of June of the next year. The fiscal year shall also constitute the budget and accounting year.
1420 - Annual Audit.#
Within three (3) months after the beginning of each fiscal year, the Town Council shall award a contract for an independent detailed audit of the books, accounts and other evidence of financial transactions of the Town as of the close of the preceding fiscal year. This audit shall be conducted either by state auditors or by a certified public accountant holding a certificate from the State and having no personal interest in the financial transactions of the Town without regard to requirements for competitive bidding. Such examinations shall conform with generally accepted auditing standards and shall include all procedures necessary for the auditors to express an informed opinion of the financial practices and accounts. A copy of the audit report shall be filed with the Town Clerk and shall be a public record.
1430 - Borrowing in Anticipation of Taxes.#
Borrowing in anticipation of taxes shall require the approval by Budget Referendum in accordance with state law.
1440 - Issuance of Bonds.#
The qualified electors of the Town may at an annual or special Budget Referendum authorize the borrowing of money and the issuance of bonds or notes pursuant to the statutes now or hereafter in effect.
1450 - Competitive Bidding.#
Before the Town makes any purchase of or contracts for supplies, material or equipment, ample opportunity shall be given for competitive bidding under such rules and regulations and with such exceptions as the Town Council may prescribe by its Procurement Policy.
1460 - Contracts and Expenditures Prohibited.#
No office, department or agency, during any budget year, shall expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditures except as provided for in section 1470 of this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Nothing contained in this section shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds or notes or from one or more of the Capital Expenditure Funds nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made.
1470 - Transfer of Appropriations.#
The Town Manager may at any time authorize the transfer of any unencumbered appropriation balance or portion thereof from one classification of expenditure to another within the same department, office or agency or board or commission, provided that the existence of the balance proposed to be transferred is certified in writing by the Town Finance Director.
All general fund appropriations except for capital improvements and restricted accounts shall lapse at the end of the budget year to the extent that they have not been expended and the balance thereof shall revert to the general fund consistent with State Law.
1480 - Fees Paid to the Town.#
All fees received in accordance with the provisions of any State law or Town ordinance by any officer or employee shall belong to the Town and shall be paid to the Town Finance Director.
1481 - Administration and Disposition of Trust Property.#
Gifts of Property held by the Town shall be administered, held and disposed of in the name and on behalf of the Town, by the body entrusted with its administration, or if none is specified, then by the Council, in accordance with the terms of the gift and the laws of the State with respect to property held in charitable trusts.
1490 - Budget Preparation.#
1.
The Town Manager shall prepare a budget based on the submissions of Department Heads, Boards, Commissions and Outside Agencies.
2.
The Town Manager shall submit the proposed budget to the Town Council.
3.
The Town Council may revise the budget as submitted by the Town Manager and shall present a recommended budget to the voters at a Budget Hearing.
4.
The Town Council shall put a proposed budget and warrant item to vote by Budget Referendum on the 2nd Tuesday in June.
1491 - Public Hearing on Recommended Budget.#
The Town Council shall hold a public hearing on the recommended budget at least thirty (30) days prior to the Budget Referendum and the Town Clerk shall prepare sufficient copies of the budget to be available for public distribution prior to the hearing. The budget copies made available shall include final audited figures for the previous three years.
1492 - Publication of Budget.#
A copy of the budget, as finally adopted by Budget Referendum, shall be certified by the Town Clerk and filed in the Town Finance Office. Sufficient copies of the budget shall be made available by the Town Clerk for the use of all offices, departments and agencies and posted on the Town's website for the use of interested persons.