ARTICLE XXII. - MISCELLANEOUS PROVISIONS

Footnotes:

--- (4) --- Editor's note— This article is renumbered because of the Recall Article added by Question 6 approved at the February 8, 1994, Special Election.

2201. - Dual office holding.#

No paid employees of the town shall be eligible to hold any elective office in the town, nor shall any elected official of the town be eligible for appointment to or for the holding of any position as a paid employees [employee] of the town while serving as such elected official, or for one (1) year following the expiration of the term for which he or she have [has] been elected. For purposes of this section, paid employees of the school department shall be deemed to be employees of the town.

2202. - Public records.#

All records and accounts of every department, office, and agency of the town shall be public records as defined in state law, with such exceptions as are set forth in state law, and shall be open to inspection by any person so requesting in accordance with the provisions of state law.

2203. - Codification and revision of ordinances.#

The town council, shall cause to be prepared a revision or codification of the ordinances of the town which are currently in effect and are appropriate for continuation as local laws of the town, as needed. Such revision or codification 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 performance of such work.

(Amd. of 11-8-2022(4))

2204. - Conflict of interest.#

The conflict of interest provisions of state law shall apply to all officials of the town as prescribed therein in accordance with all prohibitions and definitions therein contained.

2205. - Charter amendment and review.#

(A)

This Charter may be amended at any time or a new Charter adopted in the manner provided by the Constitution of the state. No amendment or proposed new Charter shall be placed before the electors for a vote thereon by the council until a public hearing has been held on all such amendments or on such new Charter. It shall not be necessary for the full text of proposed amendments or of a proposed new Charter to be printed on the ballot. A digest or description thereof or any statement or question which substantially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient. The council shall approve of the wording of any such digest, description, statement, or question as it shall appear upon the ballot. A copy of the full text of the proposed amendments or of the proposed new Charter shall be posted in each polling place and such other places as may be designated by the canvassing authority.

(B)

Should two (2) or more amendments adopted at the same time have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The section[s] of any amendment added to this Charter shall be numbered by the town clerk and inserted in their appropriate places.

(C)

In the tenth year following the year of the adoption of this Charter, and in each subsequent tenth year, the town council shall appoint a charter review commission of nine (9) members, all of whom shall be electors and residents of the town and not more than five (5) of whom shall be members of the same political party. Said commission shall review the Charter of the town as it exists at the time of its appointment, and propose to the council such amendments, if any, as it may deem necessary and advisable.

Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

2206. - Fees.#

All fees, penalties, and payments collected by town official[s] or agencies in their official capacities shall be deposited in the general funds of the town, and the compensation paid to each official shall be in lieu of all fees, penalties, and payments payable to such officials [official] in the performance of his or her duties.

2207. - Annual audit.#

Within three (3) months after the beginning of each fiscal year, the town council, by resolution, shall arrange for an annual independent audit of the books, accounts, and other evidences [evidence] of financial transactions of the town as of the close of the preceding fiscal year, to be conducted either by [a] state auditor, or, following competitive bidding, by a certified public accountant holding a certificate from this state and having no personal interest in the financial affairs of the town. Such examination shall conform to applicable state law and with generally accepted auditing standards, and, further, allow for the auditor to express opinions on the financial condition of the town. A copy of the audit report shall be furnished to the town manager and a copy or copies as requested to the council. A copy shall also be filed with the town clerk for public inspection. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

2208. - Oath of office.#

Every officer of the town shall, before entering upon the duties of his or her office, shall take [, take] and subscribe to the following oath of office or 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 the State of Rhode Island and Providence Plantations; and I will in all respects observe the provision[s] of the Charter and ordinances of the Town of West Warwick, and will faithfully discharge the duties of the office of [___]."

2209. - Conviction of crime.#

Any employee or elected or appointed official of the town who shall have been charged with a felony may, at the sole discretion of the town council, be suspended from office or employment with or without pay, pending trial, and any official of the town who shall have been convicted of or entered [a plea] of guilty or nolo contendere to any felony charge shall be automatically suspended from office or employment without pay, pending the outcome of any appeal from said conviction. Any such employee or elected or appointed official whose conviction shall stand following the exhaustion of all appeals shall be deemed to have vacated his or her office or employment. Any such employee or elected or appointed official who is acquitted or whose final conviction shall be overturned upon appeal, may resume his or her duties and shall be paid all compensation that would otherwise have been due during his or her unpaid suspension from office or employment. Editor's note— This section was amended by Question 17 approved at the November 5, 1996, General Election.

2210. - Partial invalidity.#

If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of [such] section so held invalid may appear, except to the extent that the provision or language held invalid may be inseparably connected in meaning and effect with the section or part of [such] section to which such holding shall directly apply, and if any section or part of [such] section concerned with election procedures shall be held invalid by such court, the pertinent election procedures set forth in the law of the state shall apply.

2211. - Special acts superseded.#

The following special acts of the General Assembly pertaining to the granting of tenure in office to officers of town government in the Town of West Warwick and any other special acts of like nature which shall have been enacted prior to the date upon which this Charter takes effect shall be superseded by applicable provisions of this Charter: Public Laws of 1968, Chapter 174; Public Laws of 1973, Section[s] 1, 2 and 3 of Chapter 70; Public Laws of 1975, Chapter 138; Public Laws of 1978, Chapters 316, 318 and 319; and Public Laws of 1986, Chapter 58; provided, however, that any officer of the town holding office at the time this Charter takes effect who shall have been granted tenure in office under the terms of any such special act of the General Assembly shall continue to enjoy said tenure as if such act had remained in effect. All other special acts or parts of acts of the General Assembly pertaining to the Town of West Warwick which are in conflict with provisions of this Charter shall be superseded by said Charter provision.