The text
Sec. 1201. - Open Records.#
Unless otherwise provided by this Charter or by laws of the State, all records and accounts of every office, department, or agency of the Town, including the School Department, shall be open to any person at reasonable times and under reasonable regulations established by the Town Council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish and except as otherwise provided by this Charter. Any person inspecting public records shall be permitted to make copies and abstracts thereof. A reasonable charge may be made for the copies.
Sec. 1202. - Open Meetings.#
The Town Council, School Committee and all other Town departments, agencies, commissions, committees, boards and councils, and all subdivisions thereof, shall conduct all business in accordance with the provisions of the Open Meetings Legislation of the State of Rhode Island, G.L. tit. 42, ch. 46, as amended from time to time.
Sec. 1203. - Ethics.#
All elected and appointed officials of the Town, as the same are defined in State Law, shall be subject to the ethics legislation of the State, tit. 36, ch. 14, as amended from time to time, and to the rules and regulations made by the Ethics Commission pursuant thereto.
Sec. 1204. - Annual Audit.#
Prior to the end of each fiscal year, the Town Council by resolution shall arrange for an annual independent audit of the books, accounts, and other evidences of financial transactions of the Town, as of the close of that fiscal year. Such audit shall be conducted by a Certified Public Accountant (CPA) holding a certificate from this state and having no personal interest therein. Such examination shall conform with generally accepted auditing standards and the provisions of state law, and shall allow for the auditor to express opinions on the financial condition of the Town. The audit report shall be submitted to the Town Administrator no later than one hundred eighty (180) days following the end of the fiscal year covered thereby, and another copy filed with the Town Clerk, which shall be a public record.
Sec. 1205. - Amendments of Charter.#
This Charter may be amended or a new Charter adopted at any time in the manner provided by the Constitution of the State. All proposed amendments shall have a public hearing. Should two (2) or more amendments adopted at the same time have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The sections of any amendments added to this Charter shall be appropriately numbered by the Town Clerk and inserted in their appropriate places. It shall not be necessary for the full text of the Charter or of amendments to the Charter to be printed on the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose, or identifies the subject matter to be voted upon shall be sufficient. When any question is to be submitted to the voters, the Town Council shall approve the statement of the question as it shall appear on the ballot. A copy of the full text of the Charter or amendments shall be posted in each polling place and such other places as may be designated by the Board of Canvassers. (a)
Charter Review Commission. In November 1998 and at least every six (6) years thereafter, a nine (9) member non-partisan review commission shall be elected for a term of one year, commencing on the date of the certification of the election by the Board of Canvassers, whose duty it shall be to review the Charter and recommend for approval and adoption, amendments or revisions in a manner provided by the State Constitution.
(Charter Amend. of 11-6-18(1))
Sec. 1206. - Printing the Charter.#
The Town Council shall provide for the printing, publication and distribution of the Charter and may, at its discretion, require that a reasonable charge be made for copies thereof, provided, however, the Council shall provide a copy of the Charter to every town officer without charge.
Sec. 1207. - Oath of Office.#
Every officer of the Town shall, before entering upon the duties of their office, take and subscribe to the following oath of affirmation, to be filed and kept in the office of the Town Clerk: "I solemnly swear (or affirm) that I will support the Constitution and obey the laws of the United States of America and of the State of Rhode Island; that I will, in all respects, observe the provisions of the Charter and ordinances of the Town of Tiverton, and will faithfully discharge the duties of the office of ............".
Sec. 1208. - Separability.#
If any article, section or provision of this Charter is held invalid by a court of competent jurisdiction, the remainder of the Charter shall not be affected thereby. All provisions of this Charter shall be interpreted in a manner most favorable to the Town, and least restrictive of its powers and prerogatives.
Sec. 1209. - Recall.#
Any elected official or elected officials of the Town may be recalled or removed from office by the electors of the Town as herein provided. Any elector or electors may file with the Town Clerk, a notarized petition, containing the name and title of the elected official or officials whose removal is sought and a statement of the grounds for removal. Said petition shall have the signatures of electors equal in number to at least twenty-five (25) percent of the number of electors in the last election voting for the person holding that office. If said petition contains the name and title of more than one elected official, then the number of signatures required shall be equal in number to at least twenty-five (25) percent of the number of electors voting for the person named in the petition who received the highest number of votes. Within seven (7) days after receipt of the petition, the Board of Canvassers having certified the petition, the Town Clerk shall notify the official(s) involved by certified mail. The recall vote shall be taken no earlier than fifty (50) days and not later than seventy-five (75) days thereafter. No such vote shall be taken if the elected official shall resign from office before the taking of such vote. Said recall election shall be called and conducted in the same manner as is provided in the General Laws of the State of Rhode Island for Special Elections. The form of the question to be voted shall be substantially as follows: "Shall (here insert the name and title of the elected official whose recall is sought) be recalled?" If said petition contains the name and title of more than one elected official, there shall be a separate ballot question for each elected official. A majority vote of the electors to recall such elected official shall not be effective unless a total of at least forty (40) percent of the number of electors in the last election who voted for the person holding that office, shall have voted on the recall question. If approved, the recall of such elected official shall become effective upon certification of the results of the voting thereon. If any elected official shall be recalled, the vacancy created thereby shall be filled in the manner provided in the provisions of this Charter.
Sec. 1210. - Removal from Office.#
(a)
Appointed Town Officer or Employee. The Town Administrator shall have the power to remove any officer or employee appointed by him/her provided the officer or employee shall have been served with a written notice of intention to remove from office or position, containing a clear statement of the grounds for such removal, and of the time and place, not less than ten (10) days after the service of such notice, at which said officer or employee shall be given the opportunity to be heard thereon. A copy of the notice of intention to remove shall be forwarded to the Town Council. After such hearing, which shall be at the option of such officer or employee, the action of the Town Administrator shall be final. The Town Administrator may suspend from duty for not more than thirty (30) days any such officer or employee pending final action. Removal of Department Heads and the Building Official require Town Council approval.
(b)
Absenteeism. Any member of an appointed board, commission, committee, agency, or any person who has been appointed to fill a vacancy in an elected office, who does not attend at least sixty-six and two-thirds (66⅔) percent of regularly scheduled meetings of said board, commission, committee or agency, during any one (1) year period, shall be considered removed from such board, commission, committee or agency, and their place thereon shall be considered vacant. it shall be the duty of the chairperson of that board, commission, committee or agency to give prompt written notice of such vacancy to the Town Administrator, copy to the Town Council. Exceptions for extenuating circumstances may be granted by the Town Council.
(c)
Forfeiture of Office. An elector shall be disqualified as a candidate for elective or appointive town office or from holding such office if such elector has been convicted of or plead nolo contendere to a felony or if such elector has been convicted or plead nolo contendere to a misdemeanor resulting in a jail sentence of six (6) months or more, either suspended or to be served. Such elector shall not, once so convicted, attain or return to any office until three (3) years after the date of completion of such sentence and of probation or parole.
Sec. 1211. - Enforcement.#
(a)
Complaints by Citizens. Any qualified elector of the Town may file a sworn statement in the office of the Town Clerk charging that:
1.)
An elected or appointed official or member of a board or commission of the Town is serving in his or her office in violation of the provisions of this Charter; or
2.)
That any elected or appointed official or member of any board or commission, or that any official body, board or commission in its corporate capacity, or any Town employee, has knowingly taken any action or failed to take any action, in his or her official capacity, in violation of any of the terms or provisions of this Charter, or of any ordinance, rule, or regulation adopted under the authority thereof.
Any such statement shall set forth the particulars as to the charges made. A "sufficiently set forth" complaint shall specify (a) the section or sections of the Charter which are charged to have been violated, (b) the nature of the violation, and (c) the person, persons, or body charged with having committed the violation. 1.)
If the Town Clerk determines that the charges are "sufficiently set forth", he or she shall schedule a public hearing before the Town Council acting in its capacity as the Charter Monitoring and Complaint Review Board, such hearing to be held no later than thirty (30) days from the date on which the charges were filed. If the Town Clerk fails to find that the charges are "sufficiently set forth", he or she shall so notify the complainant in writing, providing the reason(s) for dismissal.
2.)
In the event a "sufficiently set forth" complaint is against a majority of the Town Council members, the Town Clerk, within ten (10) days from the date on which the charges were filed, shall file the complaint in the Municipal Court.
3.)
If the complaint is against the Town Clerk, the Town Administrator shall fulfill the duties of the Town Clerk regarding review of the charges and scheduling of the public hearing, as presented above.
(b)
Action by the Town.
1.)
At the public hearing, the Review Board shall receive testimony from the complainant and from the official, board, or commission, or the members of the official body, against whom or which the charges were made, and from such witnesses as either party may bring forward. In the event the complaint is against a member of the Town Council, such member shall not take part in review of the complaint.
2.)
If, following the hearing, the Review Board, by a two-thirds vote of those present—but in no event fewer than four (4) affirmative votes—concludes that the charges have been supported by the testimony and evidence presented, it shall direct the Town Administrator to cause a complaint to be filed within ten (10) days of the hearing against the alleged violator(s) in the Municipal Court.
3.)
The Municipal Court shall have jurisdiction to determine violations of this Charter, Town ordinances and rules or regulations adopted under the authority hereof and to enter appropriate orders, decrees or judgments with respect to such violations.
(c)
Protection Against Reprisal. In the event that charges are filed pursuant to the terms of this Section by any employee of the Town as defined in G.L. § 36-15-2(1), that employee shall be deemed to enjoy the protection afforded by the Rhode Island Whistleblowers' Protection Act, G.L. tit. 36, ch. 15, as amended.
(d)
Penalties.
1.)
A violation of any of the prohibitions of this Charter shall be punishable by a fine of not more than three hundred dollars ($300). Upon a finding of a violation by the Municipal Court, if the violator is an officer or employee of the Town, such violator may be removed from office or immediately dismissed.
2.)
Every expenditure or obligation incurred in violation of the provisions of this Charter, and the rules and regulations made pursuant thereto, shall be deemed illegal, and in addition to any other penalties provided by law for such violations, every official authorizing such payment or any part thereof, knowing the same to be in violation, shall be jointly and severally liable to the Town for the full amount so paid or received. If any appointed official or employee of the Town shall knowingly incur any obligation, or authorize or make any expenditure in violation of the provisions of this Charter, it shall be grounds for his or her removal.
Sec. 1212. - Petition for Overrule.#
All ordinances, adopted by the Town Council, except emergency ordinances, shall be subject to overrule by referendum. The procedure required is as follows: 1.)
After the publication of any ordinance a petition, signed by not less than five hundred (500) voters must be filed with the Town Clerk requesting it be put to referendum. Said petition shall contain the full text of the ordinance proposed to be repealed. The Town Clerk shall, within two (2) working days after receipt of the last page of said petition, forward it to the Board of Canvassers for determination as to whether the petition is sufficient as prescribed by law, and if so, certify. Upon certification of the petition, said ordinance shall be suspended. The Board of Canvassers shall forward said petition to the Town Council prior to the next scheduled council meeting.
2.)
Notice thereof shall be given by publication in full of the ordinance and submitted within sixty (60) days of certification of the petition to the electors. The referendum shall be held as provided by law, and the vote counted by the Board of Canvassers. The ordinance shall take effect immediately unless at least fifteen percent (15%) of the total electors have voted on the referendum and a majority of those voting thereon shall have voted in favor of overrule.
Sec. 1213. - Dual Office Holding.#
No elected member of the Tiverton town government shall hold more than one (1) elective position. No employee of the Town shall hold elective office in the Town Government while they are in the employ of the Town. No elected member of the Tiverton town government shall hold an appointed position at the same time, unless such appointment is made to temporarily fill a position vacated by a town employee. A temporary appointment shall be made by no less than four (4) affirmative votes of the Town Council and may not continue longer than six (6) months. Any such person duly appointed may also be removed by majority vote of the Council without charge or hearing.
Sec. 1214. - Fees Collected by the Town.#
All fees, penalties, payments and miscellaneous sources of revenue including but not limited to vending machines, copy machines, and recreational activities collected by Town Officials or agencies in their official capacities shall be transmitted to the town treasury to be deposited in the general funds of the Town. The compensation paid to each official shall be in lieu of all fees, penalties and payments payable to such official in the performance of his/her duties. Fees, penalties, and payments shall be reviewed and revised as necessary on an annual basis. Fees, penalties, and payments shall be set to at least cover the cost incurred by the Town.
Sec. 1215. - Codification and Revision of Ordinances.#
The Town Council, within two (2) years following the effective date of this Charter, and every fifth year thereafter, shall cause to be prepared a revision or codification of ordinances of the Town which are appropriate for continuation as local laws of the Town. Such revision shall be prepared under the supervision of the Town Solicitor, but the Council may authorize the Solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.
Sec. 1216. - Contractual Agreements.#
All contractual and collective bargaining agreements ratified by the Town of Tiverton including, but not limited to, personnel, management, School Department, union, services, and materials, shall be on file in the Town Clerk's Office.
Sec. 1217. - Health Benefits for Elected Officials.#
Health benefits for elected officials, including the School Committee, shall be limited to the position of Town Clerk, Town Treasurer or such other position(s) as contained in the adopted unified budget as approved by the town council or in a petition budget adopted in accordance with Article III, section 302. This section does not preclude town officials from obtaining health benefits at their own expense.
(Res. No. 2022-0014, (General Election of 11-8-22))
Sec. 1218. - Use of Town Resources to Influence a Voting Contest.#
No officer or employee of the Town, including the School Department, shall use, or cause to be used, Town property, goods, money, grants, or labor to influence the outcome of an election, ballot question, or referendum; the foregoing shall not prohibit the distribution or publication of election, ballot question, or referendum information by the Town Clerk, the Board of Canvassers, or a Charter Review Commission.