The text
Sec. 201. - Number, selection, term.#
The town council shall consist of five members elected from the town at large, each to serve for a term of two years or until a successor is elected and qualified. The regular election of council members shall be held on the first Monday of November in even-numbered years, beginning November 2012. The names of all candidates for town council who shall have qualified to appear on the ballot shall be listed under their respective party designations (in the order determined by the board of canvassers by the drawing of lots). Each elector shall vote for no more than five candidates for town council, and the five receiving the greatest number of votes shall be declared elected.
(Amend. of 11-5-2002, § II; Amend. of 11-2-2004; Amend. of 11-3-2009, prop. 1)
Sec. 202. - Qualifications and eligibility.#
Members of the town council shall be qualified electors and residents of the Town of Jamestown and shall hold no other public office or employment in the service of the town. No member of the town council shall be eligible to accept any other local town office while serving on the town council or a paid appointive local town office for a period of one year thereafter. The office of any serving, town council member who shall cease to meet the foregoing qualifications, shall be deemed vacant.
(Amend. of 11-5-2002, § II)
Sec. 203. - Compensation.#
The president of the town council and the members shall receive such annual compensation, as the financial town meeting shall appropriate.
Sec. 204. - Council president.#
The town council shall elect one of its members as its president at its first meeting as defined in section 205, or at its first meeting following the occurrence of a vacancy. The president shall preside at all meetings, and shall be recognized as head of the town government for all ceremonial purposes, and by the governor for purposes of military law. The president shall have the same right to speak and vote as any other member.
(Amend. of 11-5-2002, § II)
Sec. 205. - Meetings.#
The first meeting of a newly elected town council shall be held on the first Monday following the certification of election of a majority of its members by the canvassing authority. The town clerk shall preside until the selection of a town council president. The town council shall determine the time and place of its regular meetings, but it must meet at least once each month. Three members of the town council shall constitute a quorum.
Sec. 206. - Special meetings.#
The town council may convene a special meeting only by majority consent of the town council. Special meetings shall be subject to and comply with the open meetings legislation of the state as set forth in Title 42, Chapter 42-46 of the Rhode Island General Laws. The town council may by a majority vote convene an emergency meeting as set forth in §420606 [42-46-6] to address only an unexpected occurrence that requires immediate action to protect the public.
(Amend. of 11-3-2009, prop. 2; Amend. of 11-8-2016)
Sec. 207. - Proceedings.#
The town council shall adopt and promulgate rules and regulations regarding the conduct of its meetings, but all votes shall be public. The town council may meet in executive session in accordance with Rhode Island General Laws Title 42, Chapter 46 [G.L. 1956, § 42-46-1 et seq.] (Open Meetings).
(Amend. of 11-3-1992, § II; Amend. of 11-5-2002, § II)
Sec. 208. - General powers and duties.#
All powers of the town shall be vested in the town council except as otherwise provided by this Charter or by the constitution and laws of the state. The town council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law.
Sec. 209. - Conflict of interest.#
Refer to Sec. 105 Conflict of Interest and Ethics.
(Amend. of 11-5-2002, § II)
Sec. 210. - Interference with administration.#
Except for the purpose of inquiries and/or investigations under section 211, the town council or its members shall not direct, supervise or interfere, either publicly or privately, with the work of town employees subject to the direction and supervision of the town administrator.
(Amend. of 11-5-2002, § II; Amend. of 11-3-2009, prop. 3)
Sec. 211. - Investigations.#
The town council may make investigations into the affairs of the town and the conduct of any town department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
Sec. 212. - Vacancies.#
Vacancies shall be said to exist when any member ceases to meet the qualifications established in section 202. If such a vacancy occurs in the membership of the town council, the remaining members of the town council shall appoint the next highest vote getter to fill the vacancy until the next regularly scheduled biennial election.
(Amend. of 11-3-1992, § III)
Sec. 213. - Judge of qualifications.#
The town council shall be the judge of the qualifications of its members and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence.
Sec. 214. - Ordinances.#
The town council shall have the power to enact, amend or repeal ordinances for the preservation of the public peace, health, safety, comfort and welfare, and for the protection of persons and property; to provide reasonable penalties for the violation of any ordinance; and to exercise all additional powers, consistent and in accordance with the Charter and the laws and constitution of the state, which have been or may hereafter be granted to the town council by the Charter or to the town by the laws and constitution of the state. State Law reference— Ordinances, G.L. 1956, § 45-6-1 et seq.
Sec. 215. - Form of ordinance.#
Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The Town of Jamestown hereby ordains..." Any ordinance which repeals or amends an existing ordinance or part of the town code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strike-out type and shall indicate new matter by underscoring or by italics.
Sec. 216. - Procedure for adopting ordinance.#
An ordinance or amendment to an existing ordinance may be introduced by any member at any regular or special meeting of the town council. Upon introduction of any ordinance or amendment to an existing ordinance, the town clerk shall distribute a copy to each town council member and to the town administrator shall file a reasonable number of copies in the office of the town clerk and shall publish the ordinance or amendment. It shall not be necessary for the full text of an ordinance or amendment to an ordinance to be published. The Council may approve a digest or description which substantially expresses the purpose or identifies the subject matter. Following the publication by at least seven days, the town council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the town council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the town clerk shall have sufficient printed copies of the ordinance or amendment available at the town hall.
As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the town. The full ordinance or amendment shall be posted on the town's website and shall be made available at the Town Clerk's office for public inspection.
(Amend. of 11-8-2016; Amend. of 11-5-2024)
Sec. 217. - Emergency ordinances.#
To meet a public exigency affecting life, health, property or the public peace, the town council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four members shall be required for adoption. After its adoption, printed copies of the ordinance shall be made available at the town hall. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Sec. 218. - Initiative and referendum.#
In order to preserve direct participation in government to the voters of Jamestown, there are hereby established procedures whereby they may initiate legislative proposals for consideration by the town council and the voters.
Sec. 219. - Initiative procedure.#
Initiative. Any qualified elector who is a resident of Jamestown may propose an ordinance directly to the town council during open forum at any regular town council meeting. In addition, qualified electors who are residents of Jamestown shall have the right to propose an ordinance by initiative petition; provided that such power shall not extend to (a) the budget or capital programs, (b) any emergency ordinance, (c) any ordinance relating to the appropriation of money or levy of taxes, or to the salaries and benefits of town officials or employees; (d) nor to any proposed ordinance which is prohibited by the state constitution, federal constitution, state or federal laws or recognized judicial decisions interpreting state or federal law. Each initiative petition shall be limited to one issue. The initiative petition shall be exercised in the following manner:
Petition Committee. Any five qualified electors who are residents of Jamestown may commence initiative petition proceedings by filing with the town clerk a signed notarized statement from each member stating they are a qualified elector and resident of Jamestown and will constitute the petition committee and (a) setting out in full the proposed ordinance, (b) listing the petition committee member's name and address, (c) stating that that the committee will be responsible for circulating the petition, (d) stating that the committee will be responsible for filing it in proper form, (e) and specifying the one address to which all notices to the committee are to be sent. The town clerk shall provide the petition committee with copies of sections 218, 219 and 220; and with the minimum number of valid signatures the committee must obtain.
Final Proposed Ordinance. A true copy of the final proposed ordinance shall then be filed with the town clerk. The town clerk shall inform the town council of the proposed initiative ordinance.
Initiative Petition. The town clerk shall have thirty days to review the proposed initiative ordinance, and to develop and issue petition blanks to the petition committee. The town clerk shall note the date of first issuing petition blanks. Each petition blank shall contain the full text of the proposed ordinance and shall clearly state that the signer has read or had read to them, understands, and supports the initiative petition ordinance included with the petition.
Number and Form of Signatures. Initiative petitions must be signed by qualified electors who are residents of Jamestown equal in number to at least twelve percent of the total number of persons registered to vote at the last regular town election. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name and address of the qualified elector signing, and other information that may be required to identify the person signing.
Time to Circulate Initiative Petition. The petition committee shall have a maximum period of one hundred twenty days, including legal holidays and weekends, to submit the required number of signatures of qualified electors to the town clerk; however, providing that if the final day for submission shall fall on a Saturday, Sunday or legal holiday, the period shall be extended to the first business day following said Saturday, Sunday or holiday. If an initiative petition bearing the required number of signatures is not submitted to the town clerk within one hundred twenty days after the issuance of petition blanks, then the initiative petition shall be considered as withdrawn and shall have no further force or effect and all proceedings thereon shall be terminated.
Affidavit of Circulator. Each initiative petition blank shall have attached to it when completed and filed a notarized affidavit executed by the circulator, who must be an unpaid elector and resident of Jamestown, attesting to the number of signatures thereon, and that: (a) the circulator personally circulated the paper, (b) all the signatures were affixed in the presence of the circulator, (c) the circulator believes them to be the genuine signatures of the persons whose names they purport to be and (d) each signer had an opportunity to read or have read to them the full text of the ordinance proposed before signing the petition.
Filing of Completed Initiative Petition. Upon completion, all the initiative petitions shall be assembled as one instrument and filed with the town clerk. The town clerk shall determine the number and validity of signatures on the initiative petitions. A signature shall be deemed valid when the town clerk is satisfied that the signature is associated with or attributed to a qualified elector and resident of Jamestown and was executed by the person whose printed name appears next to the signature, regardless of its form. If the town clerk is satisfied that the initiative petition contains the requisite number of valid signatures, the town clerk shall certify the initiative petition and promptly forward the initiative petition to the town council. The town council shall have sixty days to consider the proposed initiative petition ordinance in the manner provided for ordinance adoption.
Submission to Voters, Referendum. If the town council fails to adopt the proposed initiative petition ordinance without any change in substance within sixty days, then the petition committee shall have thirty days to submit to the town clerk a notarized request for a referendum vote signed by all five members. If such a request is submitted within the specified time period, then the proposed initiative petition ordinance shall be submitted to the electors for their approval or rejection, no less than forty five days nor more than one year from the date the town clerk receives a request for a referendum from the petition committee, and if no regular election is to be held within such period, the town council shall provide for a special election. If such a request is not submitted within the specified time period, then the initiative petition shall be considered as withdrawn and shall have no further force or effect and all proceedings thereon shall be terminated. If it is submitted to a referendum vote, pending the decision of the electors, the proposed initiative petition ordinance in question shall remain inoperative.
Withdrawal of Petitions. An initiative petition may be withdrawn at any time prior to the fiftieth day preceding the day scheduled for a vote of the electors by filing with the town clerk a request for withdrawal signed and notarized by at least four members of the petition committee. Upon the filing of such request the petition shall have no further effect and all proceedings thereon shall be terminated.
Referendum procedure. The proposed initiative petition ordinance voted on shall: (a) be a single question, (b) have a title that shall state the purpose or intent of the ordinance, and (c) include the full text of the initiative petition ordinance. The town council may provide a brief statement of their reasons for not supporting the initiative petition ordinance, which shall be provided to the electors at the time of the general vote.
If a majority of the qualified electors of Jamestown vote in favor, such ordinance shall thereupon become a valid binding ordinance of the town, and an ordinance so adopted shall not be altered or modified by the town council within one year after the adoption of the ordinance. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail.
(Amend. of 4-13-2021)
Sec. 220. - Referendum procedure.#
The town council may provide in the terms of any ordinance it enacts that the same be submitted to the electors for their approval or rejection. In the event it makes such provision, the vote thereon by the electors shall be called in accordance with the provisions set forth for voting upon initiative proposals in section 219. Pending the decision of the voters, the ordinance in question shall remain inoperative.
Sec. 221. - Codification and revision of ordinances.#
The town council, every five years shall cause to be prepared a revision or codification of the ordinances of the town which are appropriate for continuation as local laws of the town. Such revision or codification shall be prepared under the supervision of the town solicitor, but the town council may authorize the solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.
(Amend. of 11-3-1992, § IV; Amend. of 11-5-2002, § II)
Sec. 222. - Proposed budget.#
Editor's note— Amend. of 11-5-2002, § II, moved § 222 to Art. XI, Financial Provisions.
Sec. 223. - Recommended budget.#
Editor's note— Amend. of 11-5-2002, § II, moved § 223 to Art. XI, Financial Provisions.
Sec. 224. - Capital budget program.#
Editor's note— Amend. of 11-5-2002, § II, moved § 224 to Art. XI, Financial Provisions.
Sec. 225. - Public notice.#
Editor's note— Amend. of 11-5-2002, § II, moved § 225 to Art. XI, Financial Provisions.