The text
401. - Number; term; selection.#
The Town Council shall consist of five (5) members elected by the town by wards, said elections to be held on the first Tuesday after the first Monday in November in each even-numbered year, commencing in November 2016 and every fourth year thereafter. Two members, one each from Ward 4 and Ward 5, shall be elected to serve a four (4)-year term, and at the General Election to be held in November 2018, and every fourth year thereafter, three (3) members shall be elected from the remaining three (3) Wards 1, 2 and 3 to serve a four-year term. All members shall serve a four (4)-year [term] or until their individual successors are elected and qualified. Editor's note— This section was amended as approved at the November 4, 2014, General Election.
402. - Qualifications.#
Members of the council, as defined in this Charter, shall, at the time of their election and during their term of office, be residents of the respective wards from and [sic] which they have been elected and qualified electors of the Town of West Warwick, and shall hold no other paid public office or employment in the service of the town, except that of auctioneer. No member of the council shall be eligible to accept any other paid appointed town office during his or her term on the council or for a period of one (1) year thereafter. Editor's note— This section was amended by Question 4 approved at the February 8, 1994, Special Election.
403. - Vacancies.#
(A)
A vacancy shall exist in the Town Council if a member dies, resigns, ceases to meet the qualifications for membership, is convicted of a felony or a crime of moral turpitude and has exhausted all appeals from said conviction, or is absent from four (4) consecutive months of council meetings, unless such absences are excused by a majority vote of the whole council membership, with reasons therefore [therefor] stated at [the] time and appearing in the journal of the meetings from which the council member was excused. Any vacancy in the membership of the Town Council which occurs less than two years prior to the next general election shall be filled by the Town Council until the next general election, when the office shall be filled for the unexpired term thereof, provided that person selected to fill said vacancy shall be a member of the same political party as the person whose position they are selected to fill. In the event that the Council member was unaffiliated, the Council may appoint any qualified elector who is unaffiliated or a member of any recognized political party.
(Amd. of 11-8-2022(1))
Editor's note— This section was amended by Question 2 approved at the November 2, 2010, Election.
404. - Meetings.#
The first meeting of a newly elected council shall be held on the first Monday following the certification of election of a majority of its members by the canvassing authority, at which session the newly elected members of the council shall assume the duties of their offices. Regular meetings shall be held at least once each month for the transactions of business, at such time and place within the town as the council shall prescribe by ordinance. A special meeting of the town council shall be called by the town clerk, on written request of the town council president, by not less than three (3) members of the council. Notice of a special meeting shall be in writing and delivered personally to each member or to his or her place of residency by the town clerk or a person designated by him or her, at least forty-eight (48) hours previous to the time of such meeting. The town council may meet upon shorter notice by majority consent of all its members, which shall be entered in the record of the proceedings. 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 which has been stated in the notice. All meetings of the town council shall be open to the public, and citizens shall have a reasonable opportunity to be heard, except that this provision shall not be deemed to prevent the holding of executive sessions permitted by state law, provided that all votes are taken in public. Editor's note— This section was amended by Question 1 approved by the electorate at the February 8, 1994, Special Election.
405. - Council offices.#
(A)
The council shall elect one of its members as its president and another as vice-president at its first meeting as defined in Section 404. The council president shall preside at meetings of the council and shall have a voice and vote in its proceedings. The vice-president shall perform the duties of the president during the absence or disability of the president. In the absence of both the president and vice-president, the council shall elect one of its members as acting president who shall perform the duties of the president during the absence of both the president and the vice-president.
(B)
The town council shall have the option of reorganization of the offices of president and vice-president after serving one year into their respective terms of office.
Editor's note— This section was amended by Question approved at the November 4, 2008, Election.
406. - Compensation.#
Members of the town council shall receive such annual salaries as shall from time to time be presented by the town council and approved by the budget process. The president of the town council shall receive such additional salary as shall from time to time be presented by the town council and approved by the budget process. No increase in salary shall take effect until after the next biennial election of the town council.
407. - Powers.#
The town council shall be the legislative determining body of the town and shall exercise the powers of the town as provided by this Charter, or by the Constitution and laws of this state. Among the powers of the council to be exercised in accordance with relevant provisions of the Charter and of the Constitution and laws of this state shall be to: (1)
Determine its own rules and order of business and keep a journal of its proceedings, which shall be open to public inspection in the office of the town clerk.
(2)
Enact, amend, or repeal rules, ordinances, and resolutions for the government of the town which shall have to do with the preservation of the public peace, health, safety, welfare, and comfort of the inhabitants and the protection of persons and property, and other municipal functions.
(3)
Provide reasonable penalties in accordance with law for the violation of any ordinances.
(4)
Enact ordinances providing for levying taxes and other revenue and appropriate money for expenditures.
(5)
Review and act upon the town budget in the manner prescribed in Article V.
(6)
Fix the amount of official bonds of all nonelective officers of the town who, in its opinion, should be bonded, the premium on such bonds to be paid by the town.
(7)
Inquire into any department, office, board, commission, or other agency, excluding the school department, but not interfere with their normal administrative functions.
(8)
Request, through the office of the town manager, the attendance of any officer of the town at its meetings within thirty (30) days [prior to said meetings].
(9)
Act upon all recommendations for appointments from the town manager for which town council confirmation is required.
(10)
Provide by ordinance for a personnel classification system in conformity with provisions of this Charter and applicable general and special laws.
(11)
Review any special assessment upon request of a property owner and order correction or confirmation of the same.
(12)
Enact and amend, after notice as prescribed by state law and public hearing, such zoning ordinances as it deems appropriate, providing such ordinances are in accordance with state law.
(13)
Appoint such number of constables to serve civil process as it shall from time to time determine, and charge and collect for licenses issued to such constables such fees as the council shall fix by ordinance.
(14)
Grant, suspend, or revoke licenses in accordance with state law.
(15)
Provide for the audit of the town accounts at any time, or of the accounts of any of the town's departments, and to provide for an annual audit as hereinafter prescribed.
(16)
Issue subpoenas to compel witnesses to testify and produce records as prescribed by state law.
(17)
Exercise powers, consistent and in accordance with the Charter and the laws and Constitution of the state, which have been or may hereafter be granted to the council by the Charter or to the town by the laws and Constitution of the state.
(18)
Participate in person through one or more council members, and/or through the appointment of one or more designees, in the negotiation of all town labor contracts (other than school department contracts); provided, however, that no such contract shall become effective and binding on the town until it has received the prior approval of the town council subsequent to the completion of negotiations.
Whenever in this Charter an act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Charter the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided within this Charter, town ordinances, or under state or federal law, then the violation of any such provision of this Charter shall be punished by a fine as may be established by ordinance by the town council for the Town of West Warwick. Each day any violation of this Charter shall continue shall constitute a separate offense. Editor's note— Subsections (8), (9), and (18) of this section were amended by Question 1 approved at the February 8, 1994, Special Election. Subsection (19) was added by Question 16 approved at the November 5, 1996, General Election.
408. - Quorum.#
Three (3) members of the town council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. At least forty-eight (48) hours' notice shall be given to all members prior to the holding of an adjourned meeting.
409. - Council procedure.#
(A)
The town council may act by rule, ordinance, or resolution. In addition to the case in which an ordinance is required by a specific provision of this Charter or any applicable state law, any action taken under provisions of Section 407(2), (3), (4), (10) and (12) shall be by ordinance only.
(B)
Every proposed ordinance shall be filed with the town clerk by a member of the town council not later than three (3) business days previous to the day of the meeting at which it is to be introduced. The town clerk shall provide each member of the council forthwith with a copy thereof and shall post a copy of each ordinance in some place accessible to the public in the town hall.
(C)
Every ordinance shall be identified by a number and a short title. All ordinances shall begin with the words, "The Town of West Warwick Ordains." Every ordinance, other than an emergency ordinance, shall be read the first time by title, be explained by its introducer, and then referred to a subsequent regular meeting for action. If, in the meantime, a petition signed by at least twenty (20) qualified voters be [is] filed with the town clerk requesting a public hearing, a public hearing shall be held at the meeting next following introduction of the ordinance, and no action shall be taken on the ordinance until the conclusion of the hearing. A public hearing shall be mandatory on any ordinance amending the zoning ordinance, adopting or amending a wage and classification plan, or creating or amending a personnel classification system, and no such ordinance shall be passed as an emergency ordinance. Public hearings shall be advertised in a newspaper of general circulation in the town not less than three (3) nor more than seven (7) days prior to the hearing and must be in conformity with the provisions of the laws of the state.
(D)
The affirmative vote of a majority of a quorum shall be required for any official action of the council. The vote upon any ordinance shall be by roll call and entered on the record of the proceedings. A vote by roll call [shall] be taken on any matter at the request of any member.
(E)
After passage, the town clerk shall publish in a newspaper of general circulation in the town forthwith a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the town clerk. All ordinances shall be recorded by the clerk in a book called, "The Ordinance Book, " and it shall be the duty of the president of the council and the clerk to authenticate such record by their official signatures.
(F)
Every ordinance, unless it shall specify another date, shall become effective at the expiration of twenty (20) days after publication following passage.
(G)
In an emergency affecting the public peace, health, safety, comfort, and welfare of the inhabitants of the town and for protection of persons and property, the council, by an affirmative vote of three (3) members, may adopt on the day of its introduction, without previous filing with the town clerk, an ordinance containing a declaration of emergency which shall take effect upon its passage. The nature of the emergency shall be specifically stated in the ordinance and such declaration shall be conclusive as to the existence of such emergency. Such emergency ordinance(s) shall be temporary and for the period of the emergency only, and may authorize departments, offices, and agencies of the town government to act outside and beyond the usual requirement of ordinances, resolutions, rules, and regulations.