The text
Sec. 401. - Organization.#
The non-partisan Town Council shall consist of seven (7) members each of whom shall be elected at large at the regular biennial election in even numbered years to serve for a term of two (2) years and until his/her successor is elected and qualified. The term of a Councilperson shall begin at the first regularly scheduled meeting of the Council following certification of the election by the Board of Canvassers. Four (4) members of the Council shall constitute a quorum.
Sec. 402. - Qualification and Eligibility.#
Members of the Town Council shall be electors of the Town of Tiverton. A member of the Council shall hold no other Tiverton town office (elected or appointed), nor be an employee of the Town. A Council member shall not be eligible for appointment to any paid office in the Town during the term for which he/she was elected to the Council nor for one (1) year thereafter.
Sec. 403. - Vacancy.#
Any vacancy in the membership of the Council shall be filled in the manner provided for in this Charter. The new member shall be sworn in at the next regular Council meeting.
(Charter Amend. of 11-6-18(1))
Sec. 404. - Presiding Officers.#
The Council shall elect from among its members a President and Vice President, each of whom shall serve at the pleasure of the Council. The President shall preside at meetings and shall have the same rights as any other member. The Vice President shall act as President during the absence or temporary disability of the President. The Town Council President shall be recognized as head of Town Government for all ceremonial purposes and by the Governor for purposes of military law.
Sec. 405. - Declaration of State of Emergency.#
The President of the Town Council shall have the power and authority to declare a state of emergency which shall be ratified by the Council as soon as circumstances permit. An emergency shall be defined as a situation wherein the public health, safety and/or general welfare of the Town is imminently imperiled by an unusual or unforeseen circumstance.
Sec. 406. - Special Meetings.#
The Council President, or three (3) or more Council members, may call a special meeting, provided the special meeting conforms to the provisions of the State Open Meeting Law regarding such special meetings. Notice of a special meeting shall be delivered in writing to each member and the Town Administrator, or left for him/her at their residence or place of business at least twenty-four (24) hours prior to the time fixed for the special meeting. Any member may waive the requirement of written notice of a special meeting and such waiver shall be entered into the record of proceedings of the meeting. The purpose of a special meeting shall be stated in the notice of the meeting and no business shall be transacted at any special meeting other than that stated in the notice.
Sec. 407. - Powers and Duties.#
All powers of the Town shall be vested in the Town Council except as otherwise provided by the 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, provided however, that the administration and management of the government of the Town shall be the responsibility of the Town Administrator. Among its powers and duties, the Council shall: 1.)
Serve as the policy making body of the Town.
2.)
Develop, publish and annually review and revise long-range goals, objectives and strategies including, but not limited to, town services, capital improvement and maintenance, equipment and personnel and staffing.
3.)
Develop and adopt a unified budget ordinance in accordance with Article III of this Charter.
4.)
Determine its own rules and order of business and keep a record of its proceedings which shall be open to public inspection in the office of the Town Clerk.
5.)
Appoint a Town Administrator and annually review the performance of the Town Administrator.
6.)
Create, change, and abolish Town offices, departments and committees not established by this Charter or by the Constitution and laws of the State. Any office, department, or committee so established shall conform to the provisions of this Charter.
7.)
Make investigations into the affairs of the Town and the conduct of any Town department, office or committee when it deems such investigation necessary, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
8.)
Enact, amend, or repeal rules, ordinances and resolutions for the government of the Town which shall have to do with the preservation of the public peace, health, safety and welfare of the inhabitants and the protection of persons and property, and other municipal functions not in conflict with this Charter, the Constitution and laws of the State.
9.)
Adopt by ordinance and amend from time to time, in consultation with the Town Administrator, such personnel policies, including those that establish the qualifications required for hiring of the Town Administrator and all department heads not inconsistent with the Charter, and provide such rules, regulations and arrangements for the implementation thereof, as it may deem appropriate, for the better governance of the Town and Management of its affairs.
10.)
Grant, suspend or revoke licenses in accordance with State law.
11.)
Enact and amend, after notice as prescribed by State law and public hearing such zoning ordinances as it deem appropriate, providing such ordinances are in accordance with State law.
12.)
Provide for an independent audit at any time, of the accounts of the Town or any of its departments and to provide for an annual audit.
13.)
Review and ratify all tentative agreements negotiated for the Town by the Town Administrator, except those under School Committee jurisdiction. Unratified agreements shall be returned to the Town Administrator, with the reason(s) explained, for further negotiations. For all labor or collective bargaining agreements requiring approval of the Town Council, the details of any tentative agreement shall be made public at least three days prior to the meeting at which the final approval vote is to be taken.
14.)
Order such budget reductions or transfers of funds within the Municipal budget as may become necessary to meet unanticipated requirements or shortfalls during the fiscal year, as recommended by the Administrator.
15.)
Sit as a Charter Monitoring and Complaint Review Board.
16.)
Upon receipt by the Town Clerk of a Budget Proposal which requires a tax levy in excess of the maximum permitted by state law, apply for excess levy approval from the state. Nothing in this section shall prevent the Town Council from applying for excess levy approval at an earlier date.
(Res. No. 2022-0013, (General Election of 11-8-22); Res. No. 2022-0014, (General Election of 11-8-22))
Sec. 408. - Ordinances.#
Any person may propose to the Town Council or any member thereof, a new ordinance or an amendment to an existing ordinance. Any proposed ordinance, which the Council decides to consider for adoption, shall have a public hearing prior to adoption. Following Council review, the proposal shall be reviewed by the Town Solicitor for form and legality and then placed on the next Council agenda for the scheduling of a public hearing. The vote shall include the date, time and place of public hearing, but shall not be less than three (3) weeks from the date of posting. The Town Clerk shall post a copy of the proposal in the Town Hall and in such places within the Town normally used for such postings. The Town Clerk shall provide such advertising as is required by law. In the event the public hearing is continued to a later date, no further posting shall be required. No action shall be taken on an ordinance by the Council prior to a public hearing. Unless otherwise provided for in its terms, an ordinance will become effective upon adoption. (a)
Emergencies. In the event of an emergency wherein the Town Council must enact an appropriate ordinance or ordinances, the Council may, by unanimous vote, suspend the above provisions requiring posting, advertising and public hearings. Only action by ordinance clearly essential to deal with the emergency shall be taken under such suspension. The ordinance shall contain wording to justify such emergency action.