The text
Section 3.01 - Composition#
There shall be a Town Council that shall exercise the legislative powers of the Town of Warren.
Section 3.02 - Number, Election, and Term#
The Town Council shall consist of five (5) members who shall be elected at large at the regular biennial elections as follows: In 2018, the three (3) candidates who, among the five (5) winning candidates, receive the most votes, shall be elected to serve terms of four (4) years, and the two (2) candidates who, among the five (5) winning candidates, receive the fewest votes, shall be elected to serve for terms of two (2) years;
In 2020, and every fourth year thereafter, two (2) members shall be elected to serve terms of four (4) years (and thereafter until their successors are elected and qualified), and
In 2022, and every fourth year thereafter, three (3) members shall be elected to serve four (4) year terms (and thereafter until their successors are elected and qualified).
Section 3.03 - Term Limit#
As of December 2018, members of the Town Council shall serve no more than eight (8) consecutive years.
Section 3.04 - Eligibility#
Only qualified voters who, at all times during their term of office, shall be and remain residents of the Town of Warren, shall be eligible to hold the office of Town Council member.
Section 3.05 - Qualifications#
(a)
A member of the Town Council shall hold no other public town office or full-time employment in the service of the Town of Warren. A member of the Town Council shall not be eligible for appointment to any office in the Town of Warren during the term for which they were elected to the Town Council or for one (1) year thereafter.
(b)
Only residents of Warren are eligible to be members of the Warren Town Council. A person shall be a resident of Warren if Warren is their fixed and established domicile. The determinant of one's domicile is that person's factual physical presence in the Town of Warren on a regular basis incorporating an intention to reside in Warren for an indefinite period. Warren is the place to which, upon temporary absence, they have the intention of returning. A determination of whether an individual is a resident of Warren will be made with reference to the factors set forth in R.I. Gen. Laws 17-1-3.1, Residence for voting purposes.
(c)
A determination of whether an individual is a resident of Warren is to be made by the Warren Town Council, except that if the Warren residency of a particular Town Councilor is in question, then that person whose residency is challenged will not participate in any deliberation or vote regarding their residency.
(d)
Except as otherwise stated in this Charter, all members of any Board or Commission appointed by the Warren Town Council shall be subject to the same residency requirements as members of the Warren Town Council.
Section 3.06 - Commencement of Term#
The term of a Town Council member shall begin at the first December meeting of the Town Council to be held after the issuance of a certificate of election.
Section 3.07 - Regular Meetings#
The Town Council shall meet regularly at least once a month on the second Tuesday of the month at 7:00 PM in a public building in the Town of Warren. The Town Clerk shall post all meetings in accordance with the Open Meetings Laws of the State of Rhode Island.
Section 3.08 - Special Meetings#
Special meetings may be held at the call of the President. The President must call a special meeting upon the written request of any three (3) or more members of the Town Council. Notice of a special meeting shall be delivered in writing to each member of the Town Council, the Town Manager, and the Town Clerk, or left for them at their home or place of business at least forty-eight (48) hours prior to the time fixed for the special meeting. Any member may waive their right to receive such written notice of a special meeting, and such waiver shall be entered in the record of the proceedings of such special 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. Special Town Council meetings shall be held in a public building in the Town of Warren.
Section 3.09 - Quorum and Procedures#
A quorum shall consist of three (3) or more members of the Town Council, and except as otherwise provided in this Charter, the affirmative vote of a minimum of three (3) Town Council members shall decide any issue.
A full, accurate, and up-to-date record of the proceedings of the Town Council shall be kept and shall be open to inspection by the public in accordance with the Open Meetings Law. Any correspondence addressed to the Town Council, or the President as head of the Council shall be part of the next regular meeting agenda. Regular meetings of the Town Council shall provide for a period of public comment related to each item on the agenda, except that there may be a consent agenda which shall contain items of normal business shall be taken up as one vote. The consent agenda items shall be marked as consent agenda items on the published agenda prior to the meeting. Consent agenda items may be taken off the consent agenda to allow for public discussion or for public comment by any member of the public. The presiding officer of the meeting shall regulate the period of public comment as they may deem appropriate, subject to a vote by the Town Council to overrule the presiding officer and extend the period of public comment. No official vote shall be taken at any meeting that is not open to the public.
Section 3.10 - Presiding Officer#
The Town Council shall annually in December elect from among its members a President and Vice President, each of whom will serve at the pleasure of the Town Council. The President shall preside at meetings of the Town Council and rule on matters of procedure. The President shall have the right to speak and vote 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 the Town government for all ceremonial purposes and by the Governor for purposes of military law but shall have no administrative duties except as otherwise authorized by law.
Section 3.11 - Declaration of State of Emergency#
The President of the Town Council shall have the power and authority to declare a state of emergency in the event of a disaster, catastrophe, or other similar events, or in the imminent danger thereof which endangers the public peace, health, safety, welfare and the protection of property of the inhabitants of the Town of Warren and to take such lawful action as they deem necessary with the assistance and based on the information provided by the Director of Emergency Management, the Chief of Police, Fire Chief, Director of Public Works and Town Manager.
Section 3.12 - General Powers and Duties#
Except as otherwise provided by law or by the Charter, all powers of the Town of Warren shall be vested in the Town Council which shall provide for their exercise and for the performance of all duties and obligations imposed on the Town of Warren by law. The powers and duties of the Town Council shall include but not be limited to the following: (1)
To hire the Town Manager and negotiate the terms of their employment contract.
(2)
To declare a vacancy of office.
(3)
To ratify the hiring of Department Heads by the Town Manager.
(4)
To appoint Boards and Commissions
(5)
To ratify all contracts negotiated by the Town Manager;
(6)
To assume financial responsibility for the operation of the Town;
(7)
To ensure a procedure to review all invoices is established and followed so that Town expenditures are made in accordance with the approved budget;
(8)
To review on a monthly basis requests for non-budgeted or over-budget expenditures;
(9)
To authorize, by majority vote, over-expenditures of budgeted line items;
(10)
To serve as Licensing Board and as such to grant, suspend or revoke licenses and permits in accordance with the law; and
(11)
To investigate the affairs of the Town of Warren or any department or division thereof and hear complaints in relation to matters concerning the administration of the government of the Town of Warren.
Section 3.13 - Non-Interference by the Town Council#
The Town Council or any of its members shall not direct or request the appointment of any person to an office or their removal from office by the Town Manager or by any of their subordinates. Except for the purpose of inquiry, the Town Council and its members shall deal with the administrative service solely through the Town Manager, and neither the Town Council nor any member thereof shall give orders to any subordinates of the Town Manager either publicly or privately. Regular discussions with subordinates of the Town Manager concerning day-to-day operations related to inquiries or suggestions by residents are permitted.
Section 3.14 - Compensation#
The Town Council may from time to time fix the annual salary of each Town Council member and of the President of the Town Council, subject to final budget approval, provided, however, that no such ordinance changing the salary of the Town Council members, or the President of the Town Council shall become effective during the current term of any Town Council member. No action changing the salary of the Town Council shall be taken within the thirty (30) days preceding an election.
A Town Council member shall not accept any money from the Town of Warren for services rendered except in their capacity as a Town Council member.
Section 3.15 - Declaration of Vacancy#
The Town Council shall declare a vacancy on the Town Council according to Section 3.15 of this Charter.
Section 3.16 - Vacancy#
The office of Town Council member shall become vacant upon the following: (1)
Death
(2)
Resignation in writing filed with the Town Clerk
(3)
Removal from office in any manner authorized by law
(4)
Forfeiture of office, as defined in Section 3.16 of this Charter
(5)
Vacancy of office as defined in Section 19.12 of this Charter
Section 3.17 - Forfeiture of Office#
A Town Council member shall forfeit their office if: (1)
Lacks, at any time during their term of office, any qualifications for the office prescribed by the Charter, or by law;
(2)
Found to have violated any express provision of this Charter pursuant to Section 19.16 hereof;
(3)
Convicted of any crime which would constitute a felony in any jurisdiction.
(4)
Recalled by voters in accordance with this Charter.
[(5)
Reserved.]
(6)
Demonstrates any other intent to vacate such office.
Section 3.18 - Filling a Vacancy#
The vacancy of a seat on the Town Council shall be filled by special election if the unexpired term exceeds six (6) months. The special election shall be held no earlier than seventy (70) days and no later than ninety (90) days after the vacancy occurs. The replacement candidate shall be sworn into office upon certification of their election. If the unexpired term is less than six (6) months, the seat shall remain vacant until the next regular Town election. Should a candidate become unable to serve before being certified, the Board of Canvassers shall certify the next highest vote-getter from the recent election as the elected official.
Section 3.19 - Adoption of Ordinances#
Except in the case of the Zoning Ordinances and other ordinances for which the procedure for adoption and publication is prescribed by State Law, the following procedure shall be followed by the Town Council in adopting ordinances of the Town of Warren: (1)
Any ordinance may be introduced by any member of the Town Council at any regular or special meeting of the Town Council.
(2)
Upon introduction, the ordinance shall receive its first reading, verbatim, unless such reading is waived by the majority vote of the members of the Town Council present.
(3)
The ordinance shall then be referred to the Town Solicitor for their review as to form and legality.
(4)
The proposed ordinance shall be delivered to the Town Clerk by the Town Solicitor, and the Town Clerk shall prepare a sufficient number of copies of the same so that one (1) copy thereof may be delivered by them to each member of the Town Council at or prior to the next regular meeting of the Town Council. The Town Clerk shall cause to be published the title of such ordinance and an informative summary thereof at least once in a newspaper having general circulation in the Town of Warren.
(5)
The proposed ordinance shall again be presented and read, which reading may be by title and informative summary only, at such next regular meeting of the Town Council at which the Town Council shall accept public comment. If adopted, unless otherwise expressly provided in such ordinance, it shall become effective fifteen (15) days thereafter.
(6)
If, in the opinion of the Town Council, an emergency exists, an ordinance pertinent to the emergency may be passed at the same meeting at which it is introduced, to become effective immediately upon publication of the title or an informative summary thereof in some newspaper having general circulation in the Town of Warren. An emergency ordinance shall contain a specific statement of the emergency upon which it is based.
(7)
In the case of zoning ordinances and other ordinances for which the procedure for adoption and publication is prescribed by State Law, such procedure prescribed by State Law shall be followed.
(8)
It shall be the duty of the Town Solicitor to draft any ordinance upon the request of any member of the Town Council.
Section 3.20 - Annual Audit#
The Town Council shall provide for an independent annual audit of all Town of Warren accounts held by every department and entity by a Certified Public Accountant, who shall have experience in municipal finance, and may provide for such frequent audits as it deems necessary. The Town Council shall issue a Request for Professional Proposal at least every three (3) years for the services of such Certified Public Accountant. The audit shall cover all books, restricted and unrestricted accounts, and other evidence of the financial transactions of the town, and shall conform to generally accepted auditing standards, including all procedures necessary for the auditors to express an informed opinion of the financial conditions of the Town. A copy of the audit report each year shall be filed with the Town Clerk and shall be a public record. The Town Council shall require that the Town Manager review all findings of the management letter and report what actions are necessary to correct any deficiencies that are cited and implement corrective actions whenever possible.
Section 3.21 - Automatic Provisions#
If the Town Council shall fail to provide for such an independent audit no later than three (3) months after the beginning of any fiscal year, the proper officers of the State of Rhode Island concerned with municipal audits shall have authority to conduct such audit and the Town Clerk shall notify the proper State officer in writing that such audit is authorized to be conducted under the provisions of this Charter.