ARTICLE VIII. - TOWN OFFICIALS AND OFFICES

Sec. 801. - Town Clerk.#

There shall be a non-partisan Town Clerk who shall be elected at the general election for a two (2) year term pursuant to the provisions of State Law and this Charter. The Town Clerk shall be the Clerk of the Town Council, Clerk of the Probate Court, Clerk of the Board of Canvassers, Clerk of the Municipal Court and the Recorder of Deeds. (a)

Duties and Responsibilities. It shall be the responsibility of the Town Clerk to make permanent record of all proceedings and certify by signature all actions of the aforesaid bodies, be custodian of the Town Seal and of official documents, contracts, and records of the town. In addition, the Town Clerk shall direct and supervise the recordings of deeds, mortgages, surveys, vital statistics, licenses, permits and other such records as shall by ordinance and law be required to be kept. The Town Clerk shall issue birth certificates, marriage licenses and such other licenses and permits as required by ordinance or law. The Town Clerk shall submit his or her budget in accordance with Section 301(b)(2) of this Charter and perform all functions as set forth in Article III related to the Financial Town Referendum. The Town Clerk shall perform all other such duties as may be prescribed by this Charter or by law.

(b)

Deputy Town Clerk. There shall be a Deputy Town Clerk assigned in accordance with contractual agreements (if applicable) and approved by the Town Council. When the Town Clerk is not available, the Deputy Town Clerk shall perform all the duties of the office of Town Clerk.

(Res. No. 2022-0014, (General Election of 11-8-22))

Sec. 802. - Town Sergeant.#

There shall be a non-partisan Town Sergeant elected at the general election for a two (2) year term pursuant to the provisions of State Law and this Charter. The duties of the Town Sergeant shall be to attend all Town Council meetings, post Town Council agendas to designated bulletin boards in compliance with the Open Meeting Law, transport and post voter list to each district, transport ballots to the State Board of Elections, and assist the Board of Canvassers at all Referenda.

Sec. 803. - Town Solicitor.#

There shall be a Town Solicitor appointed by the Town Council to serve at the pleasure of the Town Council. The Solicitor shall be a practicing attorney, and a member in good standing of the Bar of the State of Rhode Island. The Town Solicitor shall be the attorney for the Town, Acting Judge of Probate and legal advisor to the Council and Town Administrator, and may be utilized by all other offices, departments and agencies of the Town. The Town Solicitor shall appear for and protect the rights of the Town in all actions, and/or proceedings (civil or criminal), brought by or against the Town or its officers, departments or agencies. The Solicitor shall attend Town Council meetings and perform such other duties as the Council may require. All written legal opinions furnished to the Council, Administrator, town officers, departments, or agencies shall be filed with the Town Clerk and become public record. All correspondence involving the Town Solicitor on any Town matter shall be made available to the Town Council. The Solicitor shall examine and approve the forms of all ordinances and resolutions, as well as the form of all invitations to bid, contracts, and other legal documents sent out by any office, department or agency of the Town.

Sec. 804. - Probate Court.#

There shall be a Probate Court with jurisdiction and duties as provided by the General Laws of the State of Rhode Island. (a)

Judge of Probate. There shall be a Judge of Probate who shall be a qualified elector of the Town and member in good standing of the bar of the State of Rhode Island, engaged in the active practice of law. The Judge of Probate shall be elected at the general election for a two (2) year term pursuant to the provisions of State Law and this Charter.

(b)

Acting Judge of Probate. Whenever the Judge of Probate is a party to or interested in any proceeding about to be heard in his/her court, or is temporarily absent or unable to perform the duties of Judge of Probate, or there is a vacancy in such office, those duties shall be temporarily performed by the Town Solicitor, or in the event that the Town Solicitor is unable to perform those duties, by such person meeting the criteria for Judge of Probate appointed by the Town Council. When the Judge of Probate is permanently absent or unable to perform the duties of the office, or has otherwise vacated or resigned the office, the vacancy shall be filled in a manner consistent with this Charter.

(Charter Amend. of 11-6-18(1))

Sec. 805. - Municipal Court.#

There shall be a Municipal Court with jurisdiction and duties as provided by G.L., 1991, tit. 45, ch. 2, § 34 (45-2-34). (a)

Municipal Court Judge. There shall be a Municipal Court Judge who shall be a member in good standing of the bar of the State of Rhode Island, engaged in the active practice of law. The Municipal Court Judge shall be appointed by the Town Council for a two (2) year term commencing in November of the year between general elections.

(b)

Acting Judge of the Municipal Court. Whenever the Municipal Court Judge is a party to or interested in any proceeding about to be heard in his/her court, or is absent or unable to perform the duties of Municipal Court Judge, or there is a vacancy in such office, those duties shall be temporarily performed by the Judge of Probate, or in the event that the Judge of Probate is unable to perform those duties, by such person meeting the criteria for Municipal Court Judge appointed by the Town Council.

Sec. 806. - Reserved.#

Editor's note— Ord. adopted Nov. 6, 2018, repealed § 806, which pertained to director senior citizens center. Said ordinance added similar provisions designated as § 909.