ARTICLE IV. - ADMINISTRATIVE DEPARTMENTS

Sec. 401. - Creation of departments.#

The town council may establish town departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other.

Sec. 402. - Direction by administrator.#

All departments, offices and agencies under the direction and supervision of the town administrator shall be administered by an officer appointed by and subject to the direction and supervision of the town administrator. With the annual consent of the town council, the town administrator may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

(Amend. of 11-5-2002, § IV)

Sec. 403. - Town clerk.#

There shall be a town clerk, who shall be nominated by the town administrator with the approval of the town council and shall have those powers and perform those duties prescribed now or in the future by the constitution and laws of the state not inconsistent with this Charter, and such additional powers and duties as may be assigned to the town clerk by the town administrator, consistent with the duties of the office; the only exception to this provision shall be those tasks requested of the town clerk in the role as clerk to the town council. The town clerk shall have charge of such personnel as may be provided to assist the town clerk in the discharge of the powers and duties of the office.

(Amend. of 11-3-1992, §§ VII, VIII; Amend. of 11-5-2002, § IV)

State Law reference— Town clerk, G.L. 1956, § 45-7-1 et seq.

Sec. 404. - Tax assessor.#

There shall be a tax assessor with training and experience who shall be nominated by the town administrator with the approval of the town council, and shall have those powers and perform those duties prescribed now or in the future by town ordinance, the constitution and laws of the state not inconsistent with this Charter.

(Amend. of 11-3-1992, § VII; Amend. of 11-8-2016)

State Law reference— Assessment of local taxes, G.L. 1956, § 44-5-1 et seq.

Sec. 405. - Board of assessment review.#

There shall be a board of assessment review consisting of three members and one alternate member who shall sit only when any one of the three members is unavailable. All members shall be qualified electors and residents of the town and shall be appointed by the town council for a term of three years. If a member of such board shall cease to be a qualified elector and resident of the town that office shall thereby become vacant. The board of assessment review shall hear and consider the appeal of any property owner concerning the amount of the assessed valuation as determined by the assessor. The board shall keep an accurate record of its proceedings which shall be available for public inspection. If it shall appear that the valuation of any property has been erroneous or incorrect, the board shall have authority to order a correction. Such determination shall be certified by the board to the tax assessor whose duty it shall be to make such corrections in the valuation as the board may determine. If the tax roll has been certified by the tax assessor the tax assessor 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 effect a correction.

The town council shall provide by ordinance for the organization and procedure of the board of assessment review and for the manner of receiving, considering and disposing of appeals. The taking of an appeal to the board of assessment review of 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.

(Amend. of 11-5-2002, § IV; Amend. of 11-8-2016)

Sec. 406. - Town moderator.#

There shall be a town moderator, who shall be elected at the regular town election and shall have those powers and perform those duties prescribed now or in the future by the constitution and laws of the state not inconsistent with this Charter. In the event that the office of the town moderator becomes vacant during the term of office, the town council will appoint a replacement until the next regularly scheduled election.

(Amend. of 8-3-2009, §§ 1, 4; Amend. of 11-8-2016)

State Law reference— Town moderator, G.L. 1956, § 45-3-15 et seq.

Sec. 407. - Emergency management director.#

There shall be an emergency management director who shall be nominated by the town administrator with the approval of the town council and shall have those powers and perform those duties prescribed now or in the future by the constitution and laws of the state not inconsistent with this Charter.

(Amend. of 11-3-1992, § VII; Amend. of 11-5-2002, § IV)

State Law reference— Local emergency management, G.L. 1956, § 30-15-12.

Sec. 408. - Minimum housing inspector.#

There shall be a minimum housing inspector as provided by statute who shall exercise those powers and duties provided by statute. State Law reference— Minimum housing standards. G.L. 1956, §§ 23-27.3-100.1.5.1, 45-24.2-1 et seq.

Sec. 409. - Building official.#

There shall be a building official who shall be nominated by the town administrator with the approval of the town council and shall be responsible for the supervision and enforcement of ordinances relating to buildings, trailer parks and other matters assigned to the building official pursuant to law. The building official may also serve as the zoning enforcement officer and the minimum housing inspector. In the absence of a town engineer, the building official shall be responsible for the custody and proper maintenance of engineering records including surveys, plans, maps and the like, pertaining to town property and projects.

(Amend. of 11-3-1992, §§ VII, IX, X; Amend. of 11-5-2002, § IV; Amend. of 11-5-2024)

State Law reference— Department of building inspection, G.L. 1956, § 23-27.3-107.0 et seq.

Sec. 410. - Town engineer.#

There may be a town engineer nominated by the town administrator with the approval of the town council. The town engineer shall be a registered professional engineer, licensed to practice in this state. The results of all engineering studies or similar work he performs for the town shall become the property of the town.

(Amend. of 11-3-1992, § VII; Amend. of 11-5-2002, § IV)

Sec. 411. - Town solicitor.#

There shall be a town solicitor who shall be appointed by the town council to serve at the pleasure of the town council. The town solicitor shall be an attorney at law in good standing who has been admitted to the practice of law in this state. The town solicitor shall be the legal advisor of and attorney and counsel for the town and all boards, commissions, departments and officers thereof. The town council may retain or authorize the retention of special counsel for the town or for any board, commission, department or officer for extra or unusual services. Nothing herein contained shall be deemed to prohibit the school committee from retaining independent counsel.

Sec. 412. - Probate court.#

Editor's note— Amend. of 11-5-2002, § IV, moved § 412 to Art. XIII, Courts.

Sec. 413. - Appointment of probate judge.#

Editor's note— Amend. of 11-5-2002, § IV, moved § 413 to Art. XIII, Courts.

Sec. 414. - Registry of court.#

Editor's note— Amend. of 11-5-2002, § IV, moved § 414 to Art. XIII, Courts.

Sec. 415. - Public works.#

There shall be a department of public works, the head of which shall be the director of public works, who shall be nominated by the town administrator with the approval of the town council. The director of public works shall be responsible for the efficient operation of all the activities of the department of public works. The department of public works shall be responsible for the functions and services of the town relating to highways, street lighting, public parking lots, waste disposal, sewers, water supply, public buildings and such other public works activities as may be defined by ordinance.

(Amend. of 11-3-1992, § VII; Amend. of 11-5-2002, § IV)

Sec. 416. - Parks and recreation.#

There shall be a department of parks and recreation and it shall be responsible for the proper management of recreation facilities in the town. The department shall be headed by a director nominated by the town administrator and approved by the town council. All recreation services and facilities, including parks, beaches and playgrounds, shall be placed under the jurisdiction of said department with the exception of those within the jurisdiction of the school committee.

(Amend. of 11-3-1992, § VII; Amend. of 11-5-2002, § IV)

State Law reference— Parks and recreation, beaches, G.L. 1956, §§ 23-22-1 et seq., 32-3-1 et seq.

Sec. 417. - Police.#

There shall be a police department, the head of which shall be the chief of police, who shall be a police officer with at least five years of supervisory or administrative experience above the rank of patrol officer in any organized police department. The chief of police shall be nominated by the town administrator with the approval of the town council. In addition to the chief of police, there shall be such other subordinate officers, patrol officers and employees as required, all of the aforesaid serving full time, as shall from time to time be determined by the town council. In addition to the members of the permanent police force, the chief of police, with the approval of the town administrator and the town council, may from time to time appoint additional special police officers for occasional services and for limited terms who shall serve at the pleasure of the chief of police and with the approval of the town administrator, part-time employees, as directed by the chief of police. The further organization of the department into divisions or offices or grades shall be made by the town council on recommendation of the town administrator after conferring with the chief of police. The police department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, regulation of traffic, and the enforcement of the laws of the state and the ordinances of the town and rules and regulations in accordance therewith. The chief of police and other members of the department shall have all the powers and duties as are now and hereafter vested in such police officers by the laws of the state and the town ordinances. The chief of police shall be in direct command of the police force and shall, subject to the approval of the town administrator and the town council, make rules and regulations concerning the conduct of all officers and subordinates.

(Amend. of 11-3-1992, § VII; Amend. of 11-5-2002, § IV)

State Law reference— Standards and training, G.L. 1956, § 42-28.2-1 et seq.

Sec. 418. - Fire.#

There shall be a Jamestown volunteer fire department the organization of which shall be consistent with its current operating Charter of incorporation and the fire department ordinance established by the town council. (1)

Budget. The fire department shall submit budget estimates in the same manner as other departments. The fire department shall operate under the same budget constraints as every other department.

(2)

Annual report. The volunteer fire department shall make a written annual report to the town council of the condition of all fire stations, fire apparatus, fire alarm systems and of all matters and property relating thereto and such other matters as the town council may request.

(Amend. of 11-3-1992, § XII; Amend. of 11-5-2002, § IV)

State Law reference— Appropriations for payments to fire companies, G.L. 1956, § 45-18-1.

Sec. 419. - Finance.#

There shall be a department of finance headed by a finance director. The finance director shall be nominated by the town administrator with the approval of the town council. The finance director shall have appropriate knowledge of accounting, taxation, budgeting and financial control and the responsibilities required to exercise financial budgetary control over each town office and department.

The finance director shall act as town treasurer, town tax collector and town purchasing agent and shall exercise those powers and perform those duties prescribed for these offices now or in the future by the constitution and laws of the state not inconsistent with this Charter. The finance director shall also have such additional powers and duties as may be assigned by the town administrator.

(Amend. of 11-5-2002, § IV)

Sec. 420. - [Repealed].#

(Amend. of 11-5-2002, § IV; Amend. of 11-3-2009, prop. 8)

Sec. 421. - Town planner.#

There may be a town planner nominated by the town administrator with the approval of the town council. The town planner shall be responsible for the direction of the Jamestown planning program and for the development, coordination and implementation of programs relating to the physical and economic development of the town.

(Amend. of 11-3-1992, § XIII; Amend. of 11-5-2002, § IV)

Sec. 422. - [Repealed].#

(Amend. of 11-3-1992, § XIV; Amend. of 11-3-2009, prop. 12; Amend. of 11-8-2016)

Sec. 423. - Town sergeant.#

The town council shall appoint a qualified elector and resident of the town as town sergeant. The town sergeant shall perform all of the duties and have all of the powers and authority of a town sergeant as provided by the laws of this state, and as may be provided by the town council by ordinance. The town council may revoke the appointment of the town sergeant at any time.

(Amend. of 11-5-2002, § IV)