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Section 19.01 - Effect on Existing Laws#
Upon the effective date of this Charter, all laws and ordinances or parts thereof inconsistent with its provisions shall be superseded insofar as they relate to the Town of Warren. All ordinances and special acts of the General Assembly applicable to the Town of Warren in force at the time when this Charter takes effect and which are not inconsistent with its provisions shall continue in force until amended or repealed.
Section 19.02 - Public Records#
All records and accounts of every department, office, commission, committee, council, board, agency, and authority of the Town of Warren shall be public records as defined in the laws of the State of Rhode Island and shall be open to inspection by any person so requesting in accordance with the provisions of State law.
Section 19.03 - Open Meetings#
The Town Council, School Committee, and all other departments, offices, commissions, committees, councils, boards, agencies, and authorities and all subdivisions thereof of the Town of Warren, shall conduct all business in accordance with the provisions of the Open Meetings Legislation of the State of Rhode Island, General Laws Title 42, Chapter 46, as amended from time to time. This section applies to all Town meetings.
Section 19.04 - Ethics#
All elected, appointed and hired officials of the Town of Warren, as the same are defined in State Law, shall be subject to the ethics legislation of the State of Rhode Island, General Laws Title 36, Chapter 14, as amended from time to time, and to the rules and regulations made by the Ethics Commission pursuant thereto.
Section 19.05 - Amendments to the Charter#
The Charter may be amended, or a new Charter adopted at any time in the manner provided by the Constitution of the State of Rhode Island. 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. This Charter shall not be replaced or amended for a period of at least two (2) years following adoption.
Section 19.06 - Charter Review Commission#
At least every six (6) years, a nine (9) member nonpartisan Charter Review Commission shall be elected at a general election, and the next two (2) candidates with the highest vote total will be alternates who will attend all meetings, if possible, and be ready to replace one of the original nine (9) elected members should there be a vacancy. The duty of this Commission shall be to review the Charter and recommend to the Town Council any amendments or revisions that it believes the Town Council should consider for presentation to the electors of the Town of Warren. The Commission must report to the Town Council by the first (1st) of June prior to the next general election. The Town Council shall budget sufficient funds for the Commission to carry out its duties.
Section 19.07 - 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 Town Council shall provide a copy of the Charter to every Town officer without charge.
Section 19.08 - 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 of Warren, and least restrictive of its powers and prerogatives.
Section 19.09 - Oath of Office#
Every officer of the Town of Warren 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 Warren and will faithfully discharge the duties of the office of……"
Section 19.10 - Forfeiture of Office#
Any candidate shall be disqualified for elective or appointive office in the Town of Warren or from holding such office if such elector has been convicted of or plead nolo contendere to a felony in any jurisdiction or if such elector has been convicted of or plead nolo contendere to a misdemeanor in any jurisdiction, resulting in a jail sentence of six (6) months or more, either suspended or to be served.
Section 19.11 - Dual Office#
No employee of the Town of Warren shall hold appointed office in the Town government which would create a conflict of interest for that employee.
Section 19.12 - Vacancy for Public Officials#
For purposes of a vacancy, a public official shall be defined as any elected or appointed official or any employee of the Town of Warren not covered by a collective bargaining agreement. Department heads shall not be union members.
A vacancy shall occur in any office by: (1)
Death
(2)
No longer resident/elector of Warren
(3)
Resignation
(4)
Neglect or refusal to qualify
(5)
Abandonment of the office, by the holder of the office thereof
(6)
Removal from office in any manner authorized by law
Section 19.13 - Filling of Vacancies#
(1)
All appointments shall be at the pleasure of the Town Council. When filling vacancies of any appointed department, office, commission, committee, council, board, agency or authority, the Town Council shall be required to give notice in a newspaper of general circulation in the Town of Warren, at least once, of the availability of such vacant positions. The advertisement shall include the application process and dates of interviews. The Council shall hold selection interviews for candidates and make the selection of appointees at a posted public meeting. The Town Council, at its discretion, shall retain the right to rescind any and all of their appointments.
(2)
Vacancies in elected office, not elsewhere provided for in this Charter, shall be filled by the Town Council, except that in case of recall the Town Council shall not appoint the person whose recall created the vacancy.
Section 19.14 - Absenteeism#
Any member of an appointed department, office, commission, committee, council, board, agency or authority, or any person who has been appointed who does not attend at least sixty-six and two-thirds (66- 2/3 %) percent of regularly scheduled meetings, or misses three (3) consecutive meetings actually convened, of said department, office, commission, committee, council, board, agency or authority during any one (1) year period from November 1 to October 31), unless a reason for the absence is submitted in writing, prior to the meeting, to the chairperson or secretary, shall be considered removed from such department, office, commission, committee, council, board, agency or authority, and their place thereon shall be considered vacant. It shall be the duty of the Chairperson of that department, office, commission, committee, council, board, agency or authority to give prompt written notice of such vacancy to the Town Manager, and to the Town Council.
Section 19.15 - Conviction of a Crime#
Any elected or appointed officer of the Town of Warren convicted of a crime which is a felony in any jurisdiction or involving malfeasance, misfeasance, or nonfeasance in office shall be deemed to have vacated their office.
Section 19.16 - Enforcement of the Charter#
(1)
Complaints by Citizens. Any qualified elector of the Town may file a sworn statement in the office of the Town Clerk Charging that:
(a)
An elected or appointed official or member of a board or commission of the Town is serving in office in violation of the provisions of this Charter, or
(b)
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 their 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.
(c)
Any such statement shall set forth the particulars as to the charges made. A "sufficiently set forth" complaint shall specify (i) the section or sections of the Charter which are charged to have been violated, (ii) the nature of the violation, and (iii) the person, persons, or body charged with having committed the violation.
(d)
If the Town Clerk determines that the charges are "sufficiently set forth," they 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," they shall so notify the complainant in writing, providing the reason(s) for dismissal.
(e)
In the event that a "sufficiently set forth" complaint is against a majority of the Town Council members, the Town Clerk, within ten days (10) from the date on which the charges were filed, shall file the complaint in the Municipal Court.
(f)
If the complaint is against the Town Clerk, the Town Manager shall fulfill the duties of the Town Clerk regarding review of the charges and scheduling of the public hearing as presented above.
(2)
Action by the Town.
(a)
At the public hearing, the Review Board shall receive testimony from the complainant and from the official, board, or commission, or 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 that the complaint is against a member of the Town Council, such member shall not take part in the review of the complaint.
(b)
If, following the hearing, the Review Board, by no fewer than four (4) affirmative votes, concludes that the charges have been supported by the testimony and evidence presented, it shall direct the Town Manager to cause a complaint to be filed within ten (10) days of the hearing against the alleged violator(s) in Municipal Court.
(c)
The Municipal Court shall have jurisdiction to determine violations of this Charter, Town ordinances and rules and regulations adopted under authority hereof and to enter appropriate orders, decrees, or judgments with respect to such violations.
(d)
A violation of this Charter shall be punishable by a fine not to exceed the limit set by State Law. 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.
(e)
Every expenditure or obligation incurred in violation of this Charter or 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 this Charter, it shall be grounds for their removal.
(f)
Appeals of the decisions of the Municipal Court relating to Charter enforcement can be taken to District Court.
(3)
Protection against reprisals. In the event that charges are filed pursuant to the terms of this Section by any employee of the Town as defined in Section 36-15-2 (1) of the General Laws, that employee shall be deemed to enjoy the protection afforded by the Rhode Island Whistleblowers' Protection Act, Chapter 15 of Title 36 of the General Laws, as amended.
Section 19.17 - Codification#
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 of Warren which are appropriate for continuation as local laws of the Town of Warren. Such revision shall be prepared under the supervision of the Town Solicitor, but the Town Council may authorize the Solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.
Section 19.18 - Contractual Agreements#
All contractual agreements ratified by the Town of Warren including, but not limited to, contracts relating to personnel, management, union, services, and materials, shall be on file in the Town Clerk's office.