Chapter 2 - ADMINISTRATION

Part of the Code of Ordinances of Warwick, RI.

Local law · Updated July 8, 2025 · 2,073 sections

The text

Footnotes:

--- (1) --- Charter reference— Mayor, § 3-1 et seq.; city council, § 2-1 et seq.; time and place of meetings of city council, § 2-7; city council meetings to be open to the public, § 2-8; borrowing of funds, § 7-1 et seq.; law department, § 8-4; city clerk, § 8-14; city sergeant, § 8-19; public records, § 10-1; bonds for city officers and employees, § 10-5; fiscal year, § 10-12.

Cross reference— Civil preparedness, ch. 14; conflicts of interest, ch. 16; administration of housing code, § 26-31 et seq.; indemnification of officers and employees, ch. 28; investment of city funds, ch. 30; public records, ch. 54; purchasing, ch. 56; salaries, ch. 64.

ARTICLE I. - IN GENERAL#

Sec. 2-1. - City seal—Description.#

The design set out in this section shall be the device of the city seal, the inscription being as follows:

"SEAL OF THE CITY OF WARWICK R.I. 1642-1931"

(Code 1971, § 2-1)

Sec. 2-2. - Same—Custodian; use.#

(a)

The city clerk shall be ex officio keeper of the city seal. He/she is empowered to affix the same to such papers and instruments pertaining to the city as by law are required to bear the seal of the city.

(b)

All trucks, automobiles and other motor vehicles owned or leased by the city, except the motor vehicle used by the mayor and motor vehicles used by undercover police officers, shall have painted or marked on the outside surface of both sides thereof the city seal, the dimensions of which shall be no less than twelve inches in diameter. Additionally, the words "City of Warwick" and the name of the department or agency to which the vehicle is assigned shall be indicated in lettering no less than two inches high on both sides of any vehicle subject to this section. Said seal and lettering shall be in such place and manner as to be plainly visible.

(Code 1971, § 2-2; Ord. No. O-06-19, § I, 7-10-06)

Sec. 2-3. - Court of probate's seal.#

The design set out in this section shall be the device of the court of probate's seal, the inscription being as follows:

"PROBATE COURT OF THE CITY OF WARWICK"

(Code 1971, § 2-3)

Charter reference— Probate court, § 8-15.

Sec. 2-4. - Display of flags.#

Flags shall be displayed from sunrise to sunset on days designated by state law as state or national holidays and on such other days as the mayor or city council may direct.

(Code 1971, § 2-4)

Sec. 2-5. - Service of notices and other papers by city sergeant.#

In the service of all notices, orders, writs, precepts and other papers of the several departments of the city government, its officers and servants, excepting the police division, preference shall be given to the city sergeant, provided that such notices, writs and other papers may be legally served by such officer.

(Code 1971, § 2-6)

Sec. 2-6. - Surety bond for director of finance and city treasurer.#

The director of finance and the city treasurer shall each furnish a surety bond in the sum established by the council from time to time.

(Code 1971, § 2-15)

Charter reference— Bonding of city officials, § 10-5.

Sec. 2-7. - Submission of financial records by organizations seeking contributive support from city.#

Any organization seeking contributive support from the city shall be required to submit its financial records and a report of its activities to the finance director no later than 90 days prior to the beginning of the fiscal year for which support is sought. The finance director shall notify such organizations which are receiving support during a fiscal year of the within requirement at least 120 days prior to the beginning of the next fiscal year.

(Code 1971, § 2-17)

Sec. 2-8. - Fiscal year.#

The fiscal year of the city government shall begin on July 1 of each calendar year and end on June 30 in the succeeding calendar year.

(Code 1971, § 2-17.1)

Charter reference— Fiscal year, § 5-1.

State Law reference— Fiscal year, G.L. 1956, § 35-2-2.

Sec. 2-9. - Internal auditor and constituent liaison.#

(a)

The internal auditor shall be an employee of the city and appointed by a majority of the city council to perform the duties and responsibilities set forth herein. The internal auditor shall report to and be supervised by the city council with primary contact through the chairperson of the finance committee; however, the internal auditor shall report to and be available to all members of the city council.

The person employed as the internal auditor shall possess such educational credentials and work experience as is established by the city council. The person employed as the internal auditor may be terminated for failure to perform the duties of the position as directed by the city council, or for other cause, upon the affirmative vote of six members of the city council. Generally, the internal auditor must be aware of city financial procedures and work with the finance department to maintain adequate internal controls. The internal auditor is to be available to provide special audits as requested by the city council.

(b)

The duties and responsibilities of the internal auditor shall include, but are not limited to, the following:

(1)

Assist outside auditors with the annual audit.

(2)

Provide assistance to state or federal agencies in providing financial information as may be required.

(3)

Attend city council, finance committee, and school committee meetings.

(4)

Review accounting procedures and policies and propose new procedures as required or as others become obsolete.

(5)

Monitor city, state and federal legislation that may impact financially on city operations.

(6)

Perform special audits and/or investigations as requested.

(7)

Follow the budget process, informing the city council of significant changes and issues for the next fiscal year.

(8)

Periodically perform tests of transactions by the city for compliance with existing procedures and policies within the city.

(9)

Review quarterly financial reports.

(10)

Provide information as may be requested for the audited financial statements and/or single audit.

(11)

Provide assistance with compiling financial information as needed.

(12)

Assist in assuring the data processing of information is adequate to meet needs of departments.

(13)

Report delinquencies or shortages in any audited accounts and report all findings to the city council.

(14)

Report to the city council all violations of provisions of the Charter or ordinances relating to the finances or the city.

(15)

Perform such other auditing tasks as may be necessary to assure the financial integrity of the city's funds.

(c)

The constituent liaison shall be an employee of the city and appointed by a majority of the city council to perform the duties and responsibilities set forth herein. The constituent liaison shall report to and be supervised by the city council with primary contact through the chairperson of the finance committee; however, the constituent liaison shall report to and be available to all members of the city council.

The person employed as the constituent liaison shall possess a Bachelor's degree (B.A.) from a four-year college or university; or four to ten years related experience and/or training; or equivalent combination of education and experience and must possess computer skills, including knowledge of MS Word and Excel. The person employed as the constituent liaison may be terminated for failure to perform the duties of the position as directed by the city council, or for other cause, upon the affirmative vote of six members of the city council. Generally, the constituent liaison must be aware of city financial procedures and other city procedures. The constituent liaison must work with all city departments, especially the finance department. The constituent liaison is to be available to assist in special audits and investigations as requested by the city council.

(d)

The duties and responsibilities of the constituent liaison shall include, but are not limited to, the following:

(1)

Act as a liaison between the Warwick City Council members and the City of Warwick staff and administration. In addition, at the request of the city council, act as a liaison between the city council members and the State of Rhode Island officials and departments.

(2)

Act as a liaison between the Warwick City Council and the residents of Warwick in order to assist in addressing the questions and concerns of constituents in a timely, confidential and sensitive manner.

(3)

Research issues relative to community organizations and agencies, city departments; state divisions; federal agencies; and other organizations or entities as they relate to council members' respective constituencies.

(4)

Assist with writing proposals and grants; edit and design layout of city council publications and other communication requests from members of the Warwick City Council.

(5)

Provide effective, discrete, confidential and unbiased support to all council members.

(6)

Formulate council initiatives.

(7)

Prepare press releases and constituent responses for council members' consideration.

(8)

Develop, coordinate, facilitate, and execute events for the city council and compile information for council members' presentation.

(9)

Hand deliver confidential materials for timely deadlines and confidentiality.

(10)

Assist council members with all communications of a non-political nature.

(11)

Track mail/e-mail and print media, monitor obituaries, voter data, catalog photography, and be sensitive to all constituent concerns.

(12)

Answer all council members' requests for information in a timely manner.

(13)

Research council biographical information for constituent and communication purposes.

(14)

Provide assistance to state or federal agencies in providing financial information as may be required.

(15)

Prepare and distribute analysis of the finance committee docket items, including the tax abatement report; deliver the finance docket to finance committee members; attend city council and finance committee meetings; record minutes of the finance committee.

(16)

Meet with the purchasing agent after the council meetings to review items removed from consent calendar; assigned a PCR number and voted upon separately.

(17)

Monitor city, state and federal legislation that may have financial impact on city operations.

(18)

Follow the budget process, informing the city council of significant changes and issues for the next fiscal year.

(19)

Provide assistance with compiling financial information as needed.

(20)

Assist in assuring that the data processing of information is adequate to meet the needs of departments.

(21)

Report to the city council all violations of provisions of the Charter or ordinances relating to the finances of the city.

(22)

Assist council members with legislative fiscal issues such as completing vouchers, requisitions and payroll documents.

(e)

In order to perform the aforementioned duties, the internal auditor and the constituent shall have full and unlimited access to all city records; shall be provided with continued training as required to meet the changing MIS environment of the city's financial records; shall be provided with a personal computer capable of accessing all financial data on the city's mainframe computer, as well as software to perform the job duties described above; and shall be provided with a quiet and secure workplace in order to perform such job duties. The individual presently performing the task of internal auditor is to remain in such position and will proceed under the mandates of this section.

(Ord. No. O-98-6, § I, 3-9-98; Ord. No. O-10-21, § I, 11-16-10)

Sec. 2-10. - Purchase of land by the city.#

(a)

No purchase of land by the city shall take place until an appraisal has been obtained from an independent appraiser.

(b)

Through competitive bid, the city shall retain the services of three appraisers who shall be available when needed and compensated on a per appraisal basis. As part of the appraisal service, the appraiser must be available to appear before the city council, however, this component of the service shall be bid and priced separately.

(c)

The appraisal, together with a title report and completed seller disclosure form shall be provided to members of the city council at least ten days prior to the date on which the city council will consider the matter.

(Ord. No. O-98-18, § I, 6-8-98; Ord. No. O-99-20, § I, 4-19-99)

Editor's note— Ordinance No. O-98-18, § I, adopted June 8, 1998, amended ch. 2 by adding § 2-9. Inasmuch as other provisions had been designated as § 2-9, the provisions of Ord. No. 0-98-18 were included herein as § 2-10 by the editor.

Sec. 2-11. - Statue of World War I soldier.#

The statue of the World War I soldier on the front lawn of City Hall on the date of enactment of this section shall permanently remain in that location, unless the city council authorizes relocation or removal of said statue.

(Ord. No. O-99-65, § I, 12-6-99)

Sec. 2-12. - Reconsideration of vetoed ordinances.#

Whenever an ordinance is adopted by the city council and subsequently vetoed by the mayor, the city clerk shall always place the vetoed ordinance on the docket for the next regular or special meeting of the city council for reconsideration of said ordinance pursuant to section 3-8 of the city Charter.

(Ord. No. O-01-1, § I, 2-21-01)

Editor's note— Ord. No. O-01-1, § I, adopted February 21, 2001, amended ch. 2 by adding § 2-11. Inasmuch as other provisions had been designated as § 2-11, the provisions of Ord. No. O-01-1 were included herein as § 2-12 by the editor.

Sec. 2-13. - Procedure for processing claims against the city.#

(a)

If a claim against the city is based upon damage or harm caused by a vendor or contractor doing work for the city, the claim must first be pursued against the vendor or contractor before it can be presented to the city council. The claimant must file a written disposition of the claim by the vendor or contractor with the city clerk at the time of filing the claim against the city.

(b)

Upon filing a claim against the city, the claimant shall also file an affidavit, in a form approved by the city council, to be executed by the claimant or his or her legal representative attesting whether the claimant has received, or will seek compensation from, any source other than the city, including, but not limited to, the claimant's insurance company for any loss attributable to the incident which is the subject of claimant's claim against the city.

(c)

On the first business day of each month, directors of departments presented with claims against the city shall:

(1)

Report to the mayor, city council, and city clerk of any determination on claims made against the city for less than $2,500.00; and

(2)

Send a copy of a determination to the claimant through electronic means if an e-mail is provided, otherwise through traditional mail.

Any claimant or member of the city council can appeal the determination of the department within 14 days of the issuance of notice of determination. Such appeal may be made by timely providing either electronic notice or delivery of written notice to the city clerk. Upon the timely receipt of appeal, the council president shall cause to be docketed a PCR for the appeal of such claim, to be considered at the next regularly scheduled meeting of the city council following its docketing.

(Ord. No. O-03-2, § I, 2-24-03; Ord. No. O-04-14, § I, 6-22-04; Ord. No. O-06-14, § I, 5-8-06; Ord. No. O-25-5, § I, 4-8-25)

Sec. 2-14. - Sale of tax title and treasurer's auction property by the city.#

(a)

Whenever a request is made to the city treasurer to purchase the tax title to a lot which is held by the city, including any parcel held pursuant to a treasurer's deed, which lot is located in a residentially zoned area, the prospective purchaser shall submit the offer to purchase in the form of a written purchase and sale agreement which shall be submitted to the city treasurer.

(b)

The purchase and sale agreement shall contain the following provisions, and other terms and conditions as shall be approved by the city solicitor:

(1)

The minimum purchase price shall be the sum of the outstanding taxes, interest and tax sale expenses on the subject parcel, or the assessed value of the subject parcel, whichever is higher, plus the estimated costs of clearing the title to the subject parcel, pursuant to G.L. § 44-9-25 or G.L. § 44-9-40 (as estimated by the city solicitor), plus taxes and interest which shall accrue between the date of the offer and the closing on the sale of the parcel plus the actual costs of clearing the title in excess of the estimated costs plus sewer assessment fees that may be due and the costs to administratively merge the subject parcel with the adjacent parcel owned by the purchaser.

(2)

The deposit shall be equal to the estimated costs of clearing the title to the subject parcel with a provision that the deposit shall be nonrefundable upon commencement of work to clear the title; but shall be refundable prior to the commencement of the title examination or genealogy work necessary to file the court action to clear the title. Said deposit shall be submitted to the treasurer at the time of submission of the purchase and sale agreement.

(3)

The deed shall contain a restriction that no building or structure shall be allowed on the subject parcel except that which is permitted as a residential accessory use by the city zoning ordinance without variance or other relief from said ordinance, including but not limited to, a shed, a pool, a driveway, an addition to an existing house, or a fence.

(4)

In the event that the lot is adjacent to a parcel owned by the prospective purchaser the lot shall be merged administratively into the purchaser's existing lot.

(c)

Upon receipt of the signed purchase and sale agreement with the payment of the deposit by the prospective buyer, the treasurer shall determine if the deposit required under subsection (a)(2) has been tendered. If so, the treasurer shall retain the proposed purchase and sale agreement in a secure location and send notice of the offer to purchase to owners of lots which are directly adjacent to the subject parcel. A copy of the notice shall also be sent to the councilperson in whose ward the parcel of land lies. The notice shall contain the assessor's plat and lot, and the minimum purchase price as calculated under subsection (a)(1). An owner of any lot which is directly adjacent to the subject parcel may, within 30 days of the date of notice from the treasurer, submit an offer to purchase the subject parcel under the terms and conditions outlined in subsection (a). The treasurer shall also send a notice with a request for a recommendation as to whether the city should relinquish its rights to the subject parcel to the director of the planning department, the city conservation commission, the clerk of the zoning board, the tax assessor, the city engineer, the land trust and the finance director. The recommendations must be returned to the treasurer within 30 days of the date of the notice from the treasurer. Upon receipt of the recommendations and any other timely offers to purchase the subject parcel, the treasurer shall send the proposed purchase and sale agreement(s) and the recommendations to the city clerk who shall place the matter on the docket for the next business meeting of the city council. The offers to purchase shall be considered at the city council's public properties committee meeting and all offers and the recommendations of the city departments shall be considered. The city council may adopt a resolution approving or denying the sale of the subject parcel at any time after all offers have been considered pursuant to this section. In approving a sale, the highest bidding offeror, who is ready; willing and able to complete the purchase in a reasonable time, shall prevail. However, in the event that two or more eligible parties have submitted identical offers for the subject parcel, then those parties may submit counter-offers in the form of amended purchase and sale agreements within ten days of the committee consideration of the original proposals. Any counter-offer shall be delivered to the treasurer and considered along with any other counter-offers to purchase the subject parcel at the next scheduled meeting of the city council's public properties committee (subject to the rules of the city council and the Rhode Island Open Meetings Act). This process shall be repeated until a highest bidding offeror, who is ready, willing and able to complete the purchase in a reasonable time, may be identified. Notwithstanding the foregoing, upon receipt of and consideration of the recommendations of the city departments, the city council may adopt a resolution denying the sale of the subject parcel at any time, or approving the division of the parcel of land between abutting property owners to be sold in a proportion agreeable to said abutters, the total purchase price of which shall be equal to the highest bid, payable by the purchasers in proportion of the percentage of the entire parcel they are to receive.

(d)

Upon adoption of the resolution approving the sale of the subject lot, the treasurer shall execute the purchase and sale agreement on behalf of the city and shall deposit into the city's accounts the deposit check submitted by the prevailing party. All other deposits shall be returned to the offering parties. Thereafter, the city solicitor shall proceed to clear, or cause to be cleared, the title of the subject lot and upon entry of the judgment clearing the title to the subject lot not subject to appeal, or as otherwise may be acceptable to the purchaser, it shall be conveyed to the purchaser in accordance with the terms of the purchase and sale agreement.

(e)

Whenever a request is made to the city treasurer to purchase the tax title to a lot which is held by the city, including any parcel held pursuant to a treasurer's deed, which lot is located in an area which is not residentially zoned, the prospective purchaser shall submit the offer to purchase in the form of a written purchase and sale agreement which shall be submitted to the city treasurer The purchase and sale agreement shall contain the following provisions, and other terms and conditions as shall be approved by the city solicitor:

(1)

(2)

(f)

Upon receipt of the signed purchase and sale agreement with the payment of the deposit by the prospective buyer, the treasurer shall determine if the deposit required under subsection (e)(2) has been tendered. If so, the treasurer shall retain the proposed purchase and sale agreement in a secure location and send notice of the offer to purchase to owners of lots which are directly adjacent to the subject parcel. A copy of the notice shall also be sent to the council-person in whose ward the parcel of land lies. The notice shall contain the assessor's plat and lot, and the minimum purchase price as calculated under subsection (e)(1). An owner of any lot which is directly adjacent to the subject parcel may, within 30 days of the date of notice from the treasurer, submit an offer to purchase the subject parcel under the terms and conditions outlined in subsection (e). All proposed purchase and sale agreements for the subject parcel shall be considered by the city council's public properties committee. The treasurer shall also send a notice with a request for a recommendation as to whether the city should relinquish its rights to the subject parcel to the director of the planning department, the city conservation commission, the clerk of the zoning board, the tax assessor, the city engineer, the land trust and the finance director. The recommendations must be returned to the treasurer within 30 days of the date of the notice from the treasurer. Upon receipt of the recommendations and any other timely offers to purchase the subject parcel, the treasurer shall send the proposed purchase and sale agreement(s) and the recommendations to the city clerk who shall place the matter on the docket for the next business meeting of the city council. The offers to purchase shall be opened at the city council's public properties committee meeting and all offers and the recommendations of the city departments shall be considered. The city council may adopt a resolution approving or denying the sale of the subject parcel at any time after all offers have been considered pursuant to this section. In approving a sale, the highest bidding offeror, who is ready, willing and able to complete the purchase in a reasonable time, shall prevail. However, in the event that two or more eligible parties have submitted identical offers for the subject parcel, then those parties may submit counter-offers in the form of amended purchase and sale agreements within ten days of the opening of the original proposals. Any counter-offer shall be delivered to the treasurer considered along with any other counter-offers to purchase the subject parcel at the next scheduled meeting of the city council's public properties committee (subject to the rules of the city council and the Rhode Island Open Meetings Act). This process shall be repeated until a highest bidding offeror, who is ready, willing and able to complete the purchase in a reasonable time, may be identified. Notwithstanding the foregoing, upon receipt of and consideration of the recommendations of the city departments, the city council may adopt a resolution denying the sale of the subject parcel at any time, or approving the division of the parcel of land between abutting property owners to be sold in a proportion agreeable to said abutters, the total purchase price of which shall be equal to the highest bid, payable by the purchasers in proportion of the percentage of the entire parcel they are to receive.

(g)

(h)

In adopting this section, the city council wishes to express its desire and intent that the funds realized through this procedure be allocated and budgeted to pay the costs and to sustain the procedure for selling tax title land as open space

(Ord. No. O-03-4, § I, 3-17-03; Ord. No. O-04-18, § I, 8-3-04; Ord. No. O-07-13, § I, 7-10-07; Ord. No. O-12-14, § I, 7-10-12)

Sec. 2-15. - Pay incentive program.#

There is hereby established a pay incentive program for all city employees except department heads, administrators, or any supervisors considered by the personnel director to be at the management level. Any city employee who submits recommendations or proposals to eliminate inefficiencies, duplication, or waste shall receive ten percent of any savings realized up to a maximum of $2,000.00 which relate directly to the employee's proposed change. The incentive pay shall be computed on the actual savings for a 12-month period, the period to run from the time that the proposed change is instituted. The incentive pay shall be paid to the employee at the end of the 12-month period in a lump sum from the budget account of the department that realized the savings and shall be in addition to the employee's regular salary. Employees who qualify for the incentive pay shall receive the lump sum only for the first year's savings and not for any subsequent years. The personnel director shall promulgate such rules as he or she may consider necessary, appropriate, or desirable to carry out the provisions of this section.

(Ord. No. O-03-21, § I, 10-31-03)

Sec. 2-16. - Tax classification plan.#

(a)

List of ratable property. In accordance with G.L. § 44-5-67.1, all ratable property in the City of Warwick shall be classified by the assessor as follows:

(1)

Class 1: Residential real estate consisting of no more than five dwelling units, land classified as open space, and dwellings on leased land including mobile homes.

(2)

Class 2: Commercial and industrial real estate, residential properties containing partial commercial or business uses and residential real estate of more than five dwelling units.

(3)

Class 3: All ratable tangible personal property.

(4)

Class 4: Motor vehicles and trailers subject to the excise tax created by G.L., title 44, ch. 34.

(b)

Property tax classification. In accordance with G.L. § 44-5-67.2:

(1)

The assessor of the City of Warwick, on or before June 15 of each year, shall make a full and fair cash valuation of all the estate, real and personal, including motor vehicles and trailers, subject to taxation, and determine the assessed valuation of each property class.

(2)

The assessor has the authority to apply different rates of taxation to each class and to determine the tax due and payable on the property; provided, that the rates are pursuant to an annual tax resolution approved in the same manner as is provided for budget approval in the city charter; provided, further, that the rate of taxation is uniform within each class.

(c)

Ratio. For each tax year, Class 2 property rates shall not exceed a multiple of two times the rates of Class 1 property.

(d)

Notwithstanding any provision to the contrary, all real property subject to taxation shall be assessed at its full and fair cash value as provided for in G.L. § 44-5-12, and the tax roll shall be certified as provided in G.L. § 44-5-22.

(Ord. No. O-04-12, § I, 6-3-04; Ord. No. O-07-4, § I, 4-24-07; Ord. No. O-25-10, § I, 6-17-25)

Cross reference— Taxation, ch. 74.

Sec. 2-17. - Personal use of city vehicles.#

(a)

No city vehicle may be utilized for personal use unless prior written authorization for such use has been obtained from the mayor, his designee, or by the director of the department to which the vehicle has been assigned. Personal use shall be limited to travel to and from work or a work-related event. A copy of the authorization shall be delivered to the finance director, to the personnel director and to the city clerk, to be maintained as a public record.

(b)

The city purchasing agent in conjunction with the personnel director shall promulgate regulations setting forth the monitoring and reporting requirements for use of vehicles consistent with this section.

(c)

Any employee utilizing a city vehicle for personal use shall reimburse the city based upon the standard mileage rates for business miles as established by the Internal Revenue Service.

(d)

Violators will be subject to disciplinary proceedings in accordance with collective bargaining agreements and the rules and regulations promulgated pursuant to this section. Disciplinary action shall increase to include suspension without pay up to termination if continued violations of this section occur.

(Ord. No. O-05-21, § I, 7-13-05)

Editor's note— Ord. No. O-05-21, § I, adopted July 13, 2005, set out provisions intended for use as § 2-16. For purposes of numerical order, and at the editor's discretion, these provisions have been included as section 2-17.

Sec. 2-18. - Ratification of collective bargaining agreements.#

(a)

No collective bargaining agreement between the City of Warwick and any labor organization shall become effective unless and until ratified by the Warwick City Council.

(b)

Each contract, before submission to the city council, shall contain a fiscal note, a clean draft of the complete contract, and a redlined draft of the complete contract showing the changes to the most recent contract in effect with deleted language appearing in red color with strikethrough, and new language appearing blue color with underline.

(c)

At least one public hearing shall be held prior to city council ratification of any collective bargaining agreement.

(d)

At least 14 days prior to ratification of a collective bargaining agreement by the city council, the mayor shall submit to each member of the city council the contract, fiscal note, and any documentation required or intended to be presented as part of the ratification process.

(Ord. No. O-06-5, § I, 2-15-06; Ord. No. O-21-26, § I, 12-21-21; Ord. No. O-22-9, § I, 4-6-22)

Editor's note— Ord. No. O-06-5, § I, adopted February 15, 2006, set out provisions intended for use as § 2-17. For purposes of clarity, and at the editor's discretion, these provisions have been included as § 2-18.

Sec. 2-19. - Sale of city owned property.#

(a)

The city council may adopt a resolution approving or denying the sale of the subject parcel at any time after all offers have been considered pursuant to this section. No sale of any parcel of real property held by the city in fee simple shall take place until an appraisal has been obtained from an independent appraiser who has been retained pursuant to section 2-10. The cost of said appraisal shall be borne by the purchaser of the property.

(b)

Notice shall be provided and input shall be obtained from the directors of city planning, public works, finance and the clerk of the zoning board prior to the commencement of selling a property in accordance with this section. A copy of the notice shall also be sent to the councilperson in whose ward the parcel of land lies. Notice may also be placed in newspapers of local and or regional significance should city staff determine such is necessary to maximize bid price. Abutting property owners, whose lots are contiguous to the subject parcel shall receive first class notification of the bid effort with information sufficient to submit a sealed bid.

(c)

An offer to purchase any parcel of real property which is held by the city in fee simple shall be made in the form of a sealed bid which shall be submitted to the city treasurer in a sealed envelope clearly marked with the words "City Land Purchase," and the assessor's plat and lot number of the subject parcel. The envelope shall be kept sealed until opened by the city council public properties committee. Should multiple highest bid offers be of identical value, staff shall obtain a second round of sealed bids from the said highest offerors for the next available meeting of the committee. A purchase and sale agreement shall be established with the highest bidder. A minimum deposit of 20 percent of the assessed value, according to the tax assessor records, shall be tendered to the city along with execution of the purchase and sales agreement.

(d)

The city may require a bid deposit, not to exceed five percent of a property's assessed value, to accompany bid submissions under this section. All bid deposits, except that of the successful bidder, shall be refunded or returned within a reasonable time after the identification of the successful bidder. The successful bidder's bid deposit shall be applied to the purchase price at closing, or forfeited to the city as liquidated damages for nonperformance should a successful bidder fail to timely execute a purchase and sales agreement or to close the sale, as determined by the city solicitor, and provided that notice of forfeiture is provided at least 15 days in advance and the successful bidder has an opportunity to cure the nonperformance within such timeline.

(e)

The purchase and sale agreement shall contain the following provisions, and other terms and conditions as shall be approved by the city solicitor:

(1)

Prior to closing, the city shall obtain an appraisal at the expense of the purchaser, and the purchaser shall also submit a title report to the city.

(2)

The purchaser shall pay, on or before the date of closing, any outstanding taxes, interest, assessments or other liens, costs of clearing the title to the subject parcel, and any and all closing costs including the appraisal fee, attorney fees, recording fees and tax stamps which shall accrue as a result of the sale.

(3)

In the event that the subject parcel is adjacent to a parcel owned by the prospective purchaser, then the lot shall be merged administratively into the purchaser's existing lot and if the subject parcel is zoned residential, the deed shall contain a restriction that no building or structure shall be allowed on the subject parcel except that which is permitted as a residential accessory use by the city zoning ordinance without variance or other relief from said ordinance, including, but not limited to, a shed, a pool, a driveway, an addition to an existing house, or a fence. Administrative subdivision shall be provided by the purchaser prior to closing.

(Ord. No. O-08-10, § I, 3-18-08; Ord. No. O-22-5, § I, 2-25-22)

Sec. 2-20. - Single health insurance provider and administrator for all city funded labor agreements.#

(a)

Benefits of health insurance or health insurance administration provided in collective bargaining agreements shall be provided through the same insurer and/or administrator for all such agreements, to be selected after competitive bidding, at least once every three years, pursuant to Rhode Island State Law, the Charter of the City of Warwick and the Warwick Code of Ordinances, city wide to cover all employees entitled to such benefits.

(b)

This ordinance shall not affect the rights of any labor organization which represents employees of any city department, agency, committee or board which is funded entirely or in part through an appropriation which is approved by the city council in the annual budget process, to bargain in good faith for the provision of health care benefits.

(c)

This section shall not affect any collective bargaining agreement which is in effect on the effective date of this ordinance.

(Ord. No. O-08-19, § I, 8-26-08)

Sec. 2-21. - Public broadcast of city council meetings.#

(a)

All city council meetings shall be broadcast to the public by internet connection by the MIS department through the city's website and/or videotaped and broadcast to the public over local cable public access stations. Funding shall be provided from a budget code in the budget of the MIS department.

If a technical problem occurs which prevents the broadcasting of a council meeting, it shall not affect the legality of the meeting or the legality of any items voted upon at the meeting.

Broadcasting of council meetings shall take effect on July 1, 2011.

(b)

All city council committee meetings shall be broadcast to the public by internet connection by the MIS department through the city's website and/or videotaped and broadcast to the public over local cable public access stations. Funding shall be provided from a budget code in the budget of the MIS department.

If a technical problem occurs which prevents the broadcasting of a council committee meeting, it shall not affect the legality of the meeting or the legality of any items voted upon at the meeting.

Broadcasting of council committee meetings shall take effect on October 12, 2011.

(Ord. No. O-11-4, § I, 4-26-11; Ord. No. O-11-16, § I, 9-13-11; O-17-7, § I, 5-1-17)

Sec. 2-22. - Pension fund contributions.#

(a)

The city shall make its annual required contribution as determined by the city's actuaries to each of its pension funds every year and shall not divert pension funds or funds necessary for the annual required contribution to the general fund. For the police and fire I pension the "annual required contribution" shall be the amount determined pursuant to section 20-132 of the Code of Ordinances, however:

(b)

If an exigent or unforeseen circumstance prevents the city from making its annual required contribution to any of its pension funds or requires a diversion of pension funds, such nonpayment of the contribution or diversion of funds shall only occur with the approval of the city council after a public hearing on the matter.

(Ord. No. O-12-17, § I, 7-10-12)

Sec. 2-23. - Board of canvassers: appointment and employment of staff.#

Pursuant G.L. § 17-8-5, the board of canvassers shall appoint and employ all its necessary clerical and technical assistants and fix the compensation of each person appointed, within the limits of funds available to it pursuant to law.

(Ord. No. O-13-8, § I, 6-12-13)

Sec. 2-24. - Adoption of annual city budget.#

The public hearing on the proposed annual budget pursuant to section 5-4 of article V of the City Charter shall conclude no later than June 1 each year. Voting by the city council on adoption of the annual budget shall not take place for at least one calendar day but no more than three calendar days after the conclusion of the public hearing.

(Ord. No. O-13-21, § I, 12-10-13)

Sec. 2-25. - Timely delivery of surplus school property to the city.#

PREAMBLE: While pursuant to state law, the school committee has the care and control of all public school buildings and other public school property of the city and shall not abandon or close buildings without good cause, timely delivery of property no longer used by the school committee, including abandoned or closed school buildings is in the public interest to avoid damage to property and looting or damage to buildings so that the value and integrity of the property can be maintained.

When property and/or building in the care and control of the school committee or school department cease to be used or occupied by the school committee or school department for purposes of providing education, that property and/or building shall be turned over to the city within 90 days of the date upon which the property and/or building ceased to be used by the school committee or school department for the purposes of providing education.

(Ord. No. O-16-24, § I, 10-8-16)

Sec. 2-26. - Notice article 56-6 transactions under $2,500.00.#

Within 24 hours of a request from a department for an article 56-6 expenditure under $2,500.00 and within 24 hours of the approval of said request, the department head making the request shall notify the city council president and the council finance chairperson of the details of the request.

(Ord. No. O-17-8, § I, 5-1-17)

Sec. 2-27. - Notice of line item transfers in departments exceeding $5,000.00.#

Within 24 hours of a line item transfer within a department that exceeds $5,000.00 or when multiple transfers accumulate to an amount in excess of $5,000.00 in a fiscal year, the department head shall give notice of the details of the transfer to the city council president and the chairperson of the council finance committee.

(Ord. No. O-17-9, § I, 5-1-17)

Sec. 2-28. - Salary related line items appearing in the annual budget.#

(a)

In the personnel services section of the budget, every department shall have separate line items for the following:

• Salaries.

• Overtime.

• Sick pay.

• Vacation pay.

• Holiday pay.

(b)

Expenditures for municipal and uniformed personnel shall be listed separately.

(c)

Each line item shall contain the information required by section 5-22 of the City Charter and each line item shall also contain the proposed expenditure amount for the new fiscal year.

(Ord. No. O-17-10, § I, 5-1-17)

Sec. 2-29. - Alarm testing of city owned buildings.#

All alarm testing that is required to be done in city owned buildings by local, state and federal building and fire codes shall be performed by independent certified alarm testing companies.

(Ord. No. O-17-13, § I, 6-8-17)

Sec. 2-30. - Attendance of department directors at city council meetings.#

When an ordinance, resolution or other item is on a city council meeting docket and said ordinance, resolution or other item involves a department whether by way of purchasing a product or service or by way of enforcement if city council approval is granted, the director of said department or the assistant director of said department or a designee of the director of said department with knowledge of the ordinance, resolution or other item must attend the city council committee meeting at which the matter will be considered and also must attend the city council meeting at which the matter will be considered.

(Ord. No. O-17-33, § I, 12-5-17)

Sec. 2-31. - Delivery of updated munis revenue and expense reports to the city council.#

The finance department shall deliver an updated Munis revenue and expense report to all members of the city council at least seven days prior to each city council meeting.

(Ord. No. O-17-26, § I, 9-17-17)

Sec. 2-32. - Notice to city council when personnel leave the service of the city.#

Notice shall be given to all members of the city council within five business days of when a department director, department deputy director, acting director, acting deputy director, division chief or other person in charge of a city agency or authority separates from the service of the city, whether said separation occurs by retirement, resignation or other type of termination of service.

Notice shall also be given to all members of the city council within five business days of when a person is appointed or contracted to serve in any of the above positions.

(Ord. No. O-18-2, § I, 3-19-18; Ord. No. O-18-6, § I, 5-14-18)

Sec. 2-33. - Munis reports required to be sent to city council members and the council liaison.#

By the fifth day of each month, the finance department shall send to all members of the city council and to the city council liaison the munis report for the preceding month.

(Ord. No. O-18-5, § I, 4-3-18)

Sec. 2-34. - Temporary, seasonal and non-regular employment of retired city workers.#

(a)

In order to address unanticipated circumstances impacting city operations, a temporary seasonal need, or a transitional need that is not expected to recur, the city may re-employ, on a non-regular basis, any city employee who retired with a regular, non-disability pension from the municipal employee retirement fund, not including retirees from the sworn police and fire services, provided that there is at least a 45-calendar-day period between the date of retirement and the first date of re-employment. The provisions of this section shall not be used in lieu of filling vacancies in funded, full-time positions, or supplanting the overtime opportunities of regular, full-time employees.

(b)

No pension contribution shall be taken and no additional benefits shall accrue or be granted for this service, nor will the person be granted any other city benefit except as already provided by their retiree plan with the city. Persons working pursuant to this section will be neither permitted nor paid to work in excess of 40 hours in any city work week. Pension payments will be suspended whenever a retired worker employed under this section exceeds 75 working days, or 150 half-days, or 600 hours, in any one fiscal year; or for the Warwick Public School Department for a period of not more than 90 working days, or 180 half-days.

(c)

This section shall not restrict the working of details or service in non-sworn administrative positions under subsection (a) above for the police department by former police officers who retired with a regular non-disability pension from the Warwick Police Department, as provided under article X, section 10-4 of the Charter of the City of Warwick. This section shall also not restrict service in non-sworn administrative positions under subsection (a) above for the fire department by former firefighters who retire with a regular non-disability pension from the Warwick Fire Department.

(Ord. No. O-22-3, § I, 1-4-22; Ord. No. O-25-1, § I, 2-11-25)