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4000 - TOWN MANAGER#
4010 - Appointment.#
The Town Manager shall be appointed by a majority vote of all Town Council members.
4020 - Qualifications, Appointment, Term of Office.#
The Town Manager shall be chosen by the Town Council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in or knowledge of accepted practice in respect to the duties of his or her office as hereinafter set forth. At the time of his or her appointment the Town Manager need not be a resident of the Town or State, but within one (1) year shall establish and maintain a residence within a radius not further than fifty (50) miles from Hopkinton. The Town Manager will serve at the pleasure of the Town Council and will be chosen on the basis of his/her executive and administrative qualifications. The Town Manager shall: (1)
Be a citizen of the United States and shall not have been convicted of any crime, which would constitute a misdemeanor or felony in any jurisdiction.
(2)
Hold a Bachelor's or Master's degree in Public Administration or related field from an accredited college or university.
(3)
Have a minimum of three (3) years' experience as a City or Town Manager, or Assistant City or Town Manager, Acting Town Manager or have at least five (5) years' successful managerial experience, which would qualify him/her to perform the duties listed in section 4040.
(4)
Subscribe to the following goals and principles:
a.
Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective.
b.
Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward Town affairs and a deep sense of social responsibility as a trusted public servant.
c.
Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the individual may merit the respect and confidence of the elected officials, of other officials and employees and of the public.
d.
Recognize that the chief function of local government at all times is to service the best interests of all the residents.
e.
Recognize his/her responsibility to submit policy proposals to elected officials, provide them with facts and advice on matters of policy as a basis for making decisions on setting community goals, and uphold and implement municipal policies adopted by elected officials.
f.
Recognize that elected representatives of the residents are responsible for the establishment of municipal policies, responsibility for policy execution rests with the Town Manager.
g.
Refrain from local partisan political activity.
h.
Be dedicated to continual professional development both for him/herself and for all Town Personnel.
i.
Keep the community informed on municipal affairs; encourage communications between the citizens and all municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
j.
Resist any encroachment on professional responsibilities, believing the individual should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.
k.
Handle all matters of personnel on the basis of merit so that fairness impartiality governs individual's decisions, pertaining to appointments, pay adjustments, promotions and discipline.
l.
Seek no favor; believe that professional aggrandizement or profits secured by confidential information or by misuse of public time is dishonest.
m.
At all times be subject to the ethics legislation of the State of Rhode Island, General Laws Title 36, Chapter 14, as amended from time to time, and to the rules and regulations made by the Ethics Commission pursuant thereto; and further to abide by the principles of the code of conduct of the International City/County Management Association (ICMA).
(5)
Be able to perform the duties described in this Charter.
The Town Council shall appoint the Town Manager by a super majority vote of four (4) Town Council members. The Town Manager shall be given an initial employment contract not to exceed three (3) years, renewable at the Town Council's discretion by a majority vote for terms not to exceed three (3) years.
4030 - Removal.#
The Town Council may remove the Town Manager by super majority vote of four (4) members of the Town Council, with or without a hearing, as the Town Council in its discretion determines. There shall be no right of appeal from the decision of the Town Council. The Town Council shall specify the reason for which they have terminated the Town Manager in a public session, unless the Town Manager requests that such disclosure be withheld.
4040 - Powers and Duties.#
The Town Manager shall be the chief administrative officer of the Town. He or she shall be responsible to the Town Council for the proper administration of all affairs of the Town and to that end has power and shall be required to: A.
Appoint and, when necessary for the good of the service, suspend or remove all officers, including department heads and employees of the Town, in the manner prescribed by this Charter or law or personnel ordinance, or collective bargaining agreement. With the consent of the Town Council he or she may head one or more departments. All appointments shall be made solely on the basis of qualifications and experience, with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the position in question, all as set forth in the Town personnel ordinance adopted by the Town Council pursuant to section 3170-H of this Charter.
B.
Prepare the budget annually and submit it to the Town Council for its consideration, together with a message describing its important features, and be responsible for its administration after adoption.
C.
Prepare and submit to the Town Council as of the end of the fiscal year a complete report on the finances and the administrative affairs of the Town for the preceding year.
D.
Keep the Town Council advised of the financial condition and future needs of the Town and make such recommendations as he or she may deem desirable.
E.
Recommend to the Town Council adoption of such measures as he or she may deem necessary or expedient for the health, safety or welfare of the Town or for the improvement of administrative services.
F.
Along with either a Town Council member or the Council's nominee, negotiate contracts on behalf of the Town and present said contracts to the Town Council for ratification. With Town Council approval, the Town Manager will be empowered to engage a professional labor lawyer. Upon said ratification, the Town Manager shall be empowered to execute said contracts. Section 4040-Q of this Charter is the only exception to this provision.
G.
See that the terms and conditions imposed in favor of the Town in any contract or franchise are faithfully kept and performed and where ordinances have conflicting enforcement, to insure that the enforcement, which best promotes public safety and welfare is properly acted upon.
H.
See that all laws and ordinances are duly enforced and that all privileges granted by the Town are faithfully preserved.
I.
Be responsible for the care and preservation of property and equipment of the Town, and the overseeing of the Town's capital assets and inventory, prepare a capital spending Plan for the Town.
J.
Attend all meetings of the Town Council unless excused.
K.
Investigate the affairs of the Town or any department or division thereof and all complaints in relation to matters concerning the administration of the government of the Town and services maintained by the public utilities in the Town.
L.
Be responsible for the conduct and performance of all administrative functions and services which are not imposed by this Charter, by Town ordinance or by law upon some other officer.
M.
Coordinate the activities of all boards, commissions and committees as may be required by the Town Council.
N.
Perform such other duties as may be required by the Town Council or as are specified in this Charter.
O.
Be informed about current federal funding or grants and prepare and/or supervise all applications for federal funding and/or federal grants for which the Council might apply.
P.
Act as purchasing agent for the town on contracts and/or purchases not exceeding Five Thousand Dollars ($5,000.00). In this capacity, he or she may delegate authority to departmental subordinates. Contracts and/or purchases exceeding Five Thousand Dollars ($5,000.00) will require the approval of the Town Council.
4050 - Assignment of Duties.#
The Town Manager may assign the duties of two or more administrative officers to one person or divide the duties of any office among two or more persons.
4051 - Town Manager Appointments.#
The Town Manager shall appoint the Chief of Police, Director of Public Works, Animal Control Officer, Treasurer/Finance Director, Recreation Director, Grant Administrator*, Purchasing Agent*, Tax Collector, Tax Assessor, Town Planner, Building/Zoning Official, in a manner prescribed under section 4040-A of this Charter.
*May be Town Manager.
4100 - TOWN CLERK#
4110 - Town Clerk.#
There shall be an Office of Town Clerk which will be headed by the Town Clerk who shall be elected.
The Town Clerk's compensation and benefits shall be determined at a minimum by the prevailing wage increase of the Professional Technical Employees and be established by the Town Council.
4111 - Powers and Duties of the Town Clerk.#
The Town Clerk may serve as or may assign to another: the Clerk of the Budget Referendum, Clerk of the Town Council, Clerk of the Probate Court, Clerk of the Board of Canvassers and the Recorder of Deeds. It shall be the duty of the Town Clerk to: A.
Make a permanent record of all proceedings and certify by signature all actions of the aforesaid bodies.
B.
Be custodian of the Town Seal and of the official documents and records of the Town.
C.
Direct and supervise the recordings of deeds, mortgages, vital statistics, licenses and permits and such other records as shall by ordinance and law be required to be kept by the Town Clerk.
D.
Issue birth certificates, marriage licenses, death certificates, and such other licenses and permits as are required by ordinance and laws to be issued by the Town Clerk.
E.
Perform such other duties as may be prescribed by this Charter, State law, or Town Ordinance pertaining to Town Clerks.
4120 - Deputy Town Clerk.#
There shall also be a Deputy Town Clerk appointed by the Town Clerk. When the Town Clerk is not available, the Deputy Town Clerk shall perform all the duties of the office of the Town Clerk and such other duties as may be required.
4200 - FINANCE#
4210 - Department of Finance.#
There shall be a Department of Finance, which shall include the Town Finance Director, a Tax Collector and Tax Assessor. All shall be appointed by the Town Manager.
4211 - Town Finance Director.#
The Town Finance Director has all the powers, rights and duties prescribed under the laws of the State of Rhode Island.
4240 - Tax Collector.#
There shall be in the Department of Finance a Town Tax Collector.
4241 - Duties of Tax Collector.#
The Tax Collector shall collect all taxes and special assessments for the collection of which the Town is responsible. The Tax Collector has all the powers, rights and duties prescribed under the General Laws of the State of Rhode Island.
4250 - Delinquent Installments.#
No amounts received for taxes shall be applied to any current installment until all previous installments of taxes have been paid.
Pursuant to and in accordance with the State Laws, and Town Ordinances the Tax Collector shall conduct annually a sale of properties upon which taxes remain unpaid.
4260 - Tax Assessor.#
There shall be in the Department of Finance a Town Tax Assessor. The Tax Assessor shall be responsible for the determination of an assessed valuation for purposes of taxation on all taxable real estate and personal property and for the preparation of an assessment and tax roll for the Town in the manner provided by law and ordinance.
4262 - Tax Board of Review.#
There shall be a Tax Board of Review which shall consist of three (3) members and two (2) alternates. Each member shall serve a three-year term and the terms shall be on a staggered basis, if feasible. The alternates shall serve one-year terms. The appointments shall be made by the Town Council for a term of three (3) years. Any vacancy shall be filled by the Town Council for the un-expired term.
4263 - Duties of the Tax Board of Review.#
The Tax Board of Review shall hear and consider the appeal of any property owner concerning the amount of his or her assessed valuation as determined by the Tax Assessor. The Tax Board of Review shall keep an accurate record of its proceedings which shall be available for public inspection.
4264 - Correction.#
If it appears that the valuation of any property has been erroneously or incorrectly assessed, the Tax Board of Review has authority to order a correction. Such determination shall be certified by the Board to the Tax Assessor whose duty it shall be to make the correction in valuation as the Board has determined. If the tax roll has been certified by the Tax Assessor, he or she shall transmit the findings of the Board to the Town Council which may cancel in whole or in part the tax based on such valuation in order to affect a correction.
4265 - Procedure.#
The Tax Board of Review has the authority to adopt rules and regulations as to the procedure in presenting, considering and disposing of complaints or appeals and may hold hearings, administer oaths and receive testimony and exhibits.
4266 - Rights of Appeal.#
The taking of an appeal to the Tax Board of Review or any action thereon shall not be construed to limit or restrict the right of any taxpayer to apply to a court of competent jurisdiction for relief from any assessed valuation or tax originally determined by the Tax Assessor.
4267 - Tax Revaluation Survey.#
The Town shall provide for an evaluation of all property subject to taxation in accordance with the laws of this State.
4300 - PUBLIC WORKS#
4310 - Public Works Department.#
There shall be a Department of Public Works, which shall include a Director of Public Works and a Public Works Foreman who shall be appointed by the Town Manager.
4311 - Duties.#
A.
The Director of Public Works shall supervise and maintain all public roads of the Town, except as otherwise provided herein, including but not limited to roads and highway structures, storm systems and supervise the performance of all Public Works Department workers and the Tree Warden.
B.
The Department of Public works is responsible for the maintenance and upkeep of all Town facilities.
C.
Perform such other duties as required by this Charter or by law or ordinance.
4400 - PUBLIC SAFETY#
4410 - Permanent Police Department.#
4411 - Organization.#
There shall be a Police Department, the head of which shall be the Chief of Police. In addition to the Chief of Police, there shall be such other subordinate officers and patrol officers as shall be determined by the Town Manager and by contract. Said Chief, subordinate officers and patrol officers, subject to such probationary requirements as may be set forth, by Town Ordinance or Contract shall constitute the permanent Police Department of the Town of Hopkinton.
4412 - Appointment of the Chief of Police.#
The Chief of Police shall be hired by the Town Manager in the manner prescribed in section 4040-A of this Charter.
4413 - Qualifications of the Police Chief.#
The Chief of Police shall have a minimum of a Bachelor's degree, Law Enforcement or similar education; and at least five (5) years' experience above the rank of patrol officer in any organized police department; and have expertise in the organization, administration, management and direction of police personnel; and shall possess such other qualifications as the Town Council may prescribe by ordinance.
4414 - Appointment and Promotion of Subordinate Officers.#
All Police Officers on the Police Department below the rank of Chief of Police, shall be hired or promoted, as the case may be, by the Town Manager upon the recommendation of the Chief of Police provided they shall have satisfactorily passed such qualifying tests as prescribed by Ordinance or Contract.
4415 - Non-Interference with the Chief of Police.#
No member of the Town Council and no member of the Administrative Department of the Town of Hopkinton shall interfere directly or indirectly with the performance of the duties by the Chief of Police in any investigations or prosecution of crimes.
4416 - Animal Control.#
There shall be within the Police Department an Animal Control Officer.
4500 - TOWN PLANNER#
There shall be a Town Planner appointed by the Town Manager who shall assist, as appropriate, the Town Manager, Town Council and relevant boards and commissions in the development, amendment and interpretation of the Town Comprehensive Plan, Zoning and Groundwater Ordinances and Subdivision Regulations; and to act as professional staff to The Planning Board, Conservation Commission, Zoning Board of Review and Zoning Ordinance Review Committee.
4600 - BUILDING AND ZONING#
The office of the Building and Zoning Official issues building permits, enforces building construction, land and building use, and Town Zoning laws and regulations in accordance with applicable laws and ordinances.
4700 - IT/GIS#
The Department of IT/GIS is responsible for managing and maintaining the Town's Geographical Information Systems (GIS), Technology, and all websites.
4800 - RECREATION#
There shall be a Department of Recreation headed by a director, appointed by the Town Manager which shall plan for and operate Town recreational programs and facilities.
4900 - ADDITIONAL DEPARTMENTS OR OFFICIALS#
The Town Council may create, abolish, or change by ordinance such other departments, offices, and agencies of the Town as required and shall define their powers and duties. The head of each new department, office or agency so established shall be appointed by the Town Manager.