The text
Footnotes:
--- (2) --- Editor's note— At the direction of the town, the numbering style of Article 2 was made to conform with the style of the Charter.
Sec. 2-0-1. - Number, term, selection.#
a.
The council shall consist of five (5) members, elected at large in the manner provided in section 2-0-1-b of this Charter to serve for a term of two (2) years and thereafter until successors are elected and qualified.
b.
The names and addresses of the candidates for town council in any primary, general or special election shall be arranged in a vertical column under the title of the office to be filled. The order of the names on the ballot shall be determined by a lottery conducted by the board of canvassers with the first name drawn to appear at the top of the vertical column and each name drawn thereafter to be placed in the next lower position in the vertical column until all of the candidates have been listed.
c.
All municipal elections, whether primary, general or special, shall be nonpartisan and there shall be no party mark or designation upon any ballot in any municipal election nor upon any declaration of candidacy, nomination petition, or list of candidates.
d.
At a primary election, the number of candidates equal to twice the number of places to be filled at the regular or special town election who shall receive the greatest number of votes shall be declared nominated as candidates for office.
(Amd. of 11-6-2012(11))
Sec. 2-0-2. - Qualifications.#
a.
Members of the council shall be qualified electors of the Town of Narragansett and shall hold no other paid public office or employment in the service of the Town except that of notary public. If a councilmember shall cease to possess any of these qualifications or shall be convicted of a crime involving moral turpitude, his/her office shall immediately become vacant.
b.
No member or member-elect of the council shall be appointed to any paid town administrative office during the current term of office and the year following.
c.
The council is to be judge of qualifications of its members, and for such purposes shall have power to subpoena witnesses, administer oaths, and compel the production of books, records and other data to be used as evidence therein.
(Amd. of 11-6-2012(11))
Editor's note— At the direction of the town, former subsection 2-0-2.b was renumbered as a new § 2-0-5, and former subsection 2-0-2.c was renumbered as subsection 2-0-2.b. Additionally, former § 2-0-8 was renumbered as subsection 2-0-2.c.
Sec. 2-0-3. - Presiding officers.#
a.
President—At its first meeting, upon the election of a new council, the council shall elect one (1) of its members as council president and said individual shall serve at the pleasure of the council. The president shall preside at meetings of the council and shall be recognized as head of the town government for all ceremonial purposes and by the governor for purposes of military law, but he/she shall have no administrative duties. Such office shall not deprive the council president of his/her vote on any question.
b.
President pro tempore—At said meeting the council shall elect from its members a president pro tempore who shall perform the duties of the president in the absence or disability of the president and said individual shall serve at the pleasure of the council.
(Amd. of 11-6-2012(11))
Editor's note— At the direction of the town, § 2-0-3 was reorganized and divided into subsections.
Sec. 2-0-4. - Compensation.#
The annual compensation of each councilmember shall be established by ordinance, but shall not be increased during the current term of councilmembers enacting such ordinance.
Sec. 2-0-5. - Conflict of interest.#
No member of the town council shall vote on any proposition through which the member, directly or indirectly, could financially benefit.
(Amd. of 11-6-2012(11))
Editor's note— At the direction of the town, former subsection 2-0-2.b was redesignated as a new § 2-0-5.
Sec. 2-0-6. - Vacancies.#
Any vacancy in the membership of the council may in the discretion of said council be filled for the unexpired term, except that if a vacancy in the council shall occur more than one (1) year prior to the time for the holding of an election, the council shall, within thirty (30) days after the vacancy occurs call a special election for the purpose of filling such vacancy.
(Amd. of 11-6-2012(11))
Editor's note— Renumbered to allow for the creation of a new § 2-0-5. Former § 2-0-5.
Sec. 2-0-7. - Council meeting.#
The first meeting of a newly elected council shall be held on the first Monday following certification of the election of its members by the canvassing authority. The town clerk, or in his or her absence, the deputy town clerk, shall preside until the president is elected. The council shall determine by ordinance the time and place of its regular meetings. Council shall hold at least two (2) regularly scheduled meetings a month. The Council shall afford time for an open forum at each regular meeting. All meetings including work sessions shall be open to the public except those involving matters permitted to be closed under the State Open Meeting Law.
(Amd. of 11-6-2012(11))
Editor's note— Renumbered to allow for the creation of a new § 2-0-5. Former § 2-0-6.
State Law reference— Open meetings law, G.L. 1956, § 42-46-1 et seq.
Sec. 2-0-8. - Powers.#
All legislative powers of the town shall be vested in the council except such powers as are or may be vested otherwise by the State Constitution, by this Charter, and by laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The council may enact and amend ordinances relating to the town's property, affairs and government not inconsistent with the State Constitution and laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The council shall have under this Charter, and may exercise all such additional powers and authority as are consistent with this Charter and have been granted or may hereafter be granted to it under the Constitution or laws of the state. The council, by ordinance, may assign additional functions or duties to employees, departments or agencies established by or under this Charter. Without limiting the generality of the foregoing, the council shall have and exercise the following specific powers, subject to the provisions of this Charter and all applicable provisions of general and special laws: a.
To enact, amend, or repeal as hereinafter provided ordinances and resolutions for the preservation of the public peace, health, safety, and welfare of the inhabitants of the town and for the protection of persons and property. The council may provide reasonable penalties for the violations of any ordinance.
b.
To amend, after notice as prescribed by statute and public hearing, the zoning ordinance.
c.
To adopt rules governing the condition of its meetings and to appoint regular, standing or special committees. To keep a journal of its meetings and such journal shall be open to the public.
d.
To appoint or remove the town manager.
e.
To authorize the issuance of notices by ordinance.
f.
To have the powers and authority conferred upon it by the general laws and applicable special laws concerning the speed, management and control of all vessels on the public waters within the confines of the Town of Narragansett, and to regulate the size, type, location and use of all town owned anchorages and town owned moorings, and collection of fees for the same, within the waters or harbors of the town; provided, nevertheless, that the harbormaster shall be appointed pursuant to section 3-1-2a. of this Charter.
g.
To fix the amount of official bonds of all employees of the town, who in its opinion should be bonded, the premium on such bonds to be paid by the town.
h.
To provide for the audit at any time of the accounts of the town or any of its departments and to provide for an annual audit as hereinafter prescribed in article 6, chapter 2, section 7 of this Charter.
i.
To investigate the conduct of any employees, departments, or agencies of the town government and in furtherance thereof to subpoena witnesses, administer oaths, and compel the production of books, records, and other data to be used as evidence therein.
j.
To adopt a personnel ordinance which shall include the table of organization and job description for all municipal employees, not inconsistent with applicable general or special laws or the provisions of this Charter.
k.
To determine by resolution the compensation of the town manager and the compensation of all agents and employees of the town, except the employees of the school department.
l.
For all positions created by the Charter which require appointment by the Town Manager, the appointment shall be done with the advice and consent of the town council.
m.
To establish by ordinance a policy of competitive bidding for purchases and contracts.
n.
The town council from time to time, when necessary, shall establish boards, commissions, and committees to support, do research, and assist in appropriate ways, the town council on behalf of the town's business. The town council shall be responsible for formulating the policy, procedure, and implementation of such, for appointment to boards, commissions, and committees. Such policy shall include public notice for any vacancy and criteria for removal of appointees.
o.
The council has the authority to organize/reorganize from time to time any department or agency established by the Charter, and to establish or alter divisions within any department in order to promote efficiency and economy of operations.
(Amd. of 11-6-2012(1); Amd. of 11-6-2012(11))
Editor's note— Renumbered to allow for the creation of a new § 2-0-5. Former § 2-0-7.
Sec. 2-0-9. - Ordinances.#
The council may act by rule, ordinance or resolution, but in addition to the cases in which an ordinance is required by any specific provisions of this Charter or any applicable law, any action creating or abolishing any department, office or agency of the town government or any action under the provisions of section 2-0-8, subsections a., b., f., and j. of this Charter shall be by ordinance only: a.
No ordinance shall be passed by the council at the meeting at which it is introduced, but it shall be referred to a subsequent regular or special meeting at least seven (7) days hence for a vote thereon. If, in the meantime, a petition signed by twenty (20) electors of the town be filed with the town clerk, requesting a public hearing on said proposed ordinance, one shall be held at the meeting next following its introduction, and no action shall be taken on the ordinance until the conclusion of the hearing.
b.
In an emergency affecting the public peace, health, safety, comfort and welfare of the inhabitants of the town and for protection of persons and property, the town council by an affirmative vote of three (3) members may adopt, on the day of its introduction, an ordinance containing a declaration of emergency which shall take effect upon its passage. The nature of the emergency shall be specifically stated in the ordinance and such declaration shall be conclusive as to the existence of such an emergency. Every emergency ordinance shall automatically stand repealed as of the sixty-first day following the date on which it was adopted; but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists.
Sec. 2-0-10. - Duty to provide manager.#
It shall be the duty of the council to use all reasonable diligence to secure a qualified town manager within six (6) months after this Charter shall go into effect, and in like manner thereafter in every case when a vacancy shall occur by reason of resignation, removal or any other cause.
Sec. 2-0-11. - Temporary appointments.#
Until such time as a manager has been appointed and has assumed his/her office, the council shall appoint, in an acting or temporary capacity, the several employees of the town whose appointments are required by this Charter to be made by the manager.