TOOWN OF RICHMOND, RHODE ISLAND

HOME RULE CHARTER

 

ARTICLE 1 The Municipal Body.

Section 1 Incorporation.

Section 2 Powers.

Section 3 Form of government.

 

ARTICLE 2 Elections.

Section 1 Conduct of elections.

Section 2 Canvassing authority.

Section 3 Elected officials.

Section 4 Form of ballot.

Section 5 Vacancy in elective  office.

Section 6 Oath of office.

Section 7 Recall of elected  officials.

Section 8 Voter initiative and  referendum.

Section 9 Term limits. (Reserved)

 

ARTICLE 3 Town Council.

Section 1 Term and  qualifications.

Section 2 Compensation.

Section 3 Organization and  conduct of meetings.

Section 4 Authority and  responsibilities.

Section 5 Procedure for ordinance enactment.

Section 6 Emergency ordinances.

Section 7 Direction of Town employees.

 

ARTICLE 4 Administration.

Section 1 Town Administrator.

Section 2 Departments.

Section 3 Boards and  Commissions.

Section 4 Courts.

Section 5 Rural Preservation Land Trust.

Section 6 Town Solicitor.

 

 

ARTICLE 5 Finance.

Section 1 Administration.

Section 2 Budget adoption.

Section 3 Annual budget referendum.

 

 

ARTICLE 6 Deportment of Public Officials.

 

ARTICLE 7 The Charter.

Section 1 Transitional provisions.

Section 2 Construction.

Section 3 Amendment.

 

We, the citizens of Richmond, to secure for ourselves and for future generations

the right to local self-government guaranteed to us by Article XIII of the Constitution

of the State of Rhode Island, hereby adopt this Home Rule Charter. By this act we affirm our

belief in efficient government, accountable leadership,

and representative democracy.

 

ARTICLE  1 The Municipal Body.

 

Section 1 Incorporation.

 

The inhabitants of the Town of Richmond within the corporate limits as now established shall continue to be a municipal body politic and  corporate in perpetuity in the name of the “Town of Richmond.”

 

Section 2 Powers.

 

A.  The Town shall have all of the powers  of self-government it is possible for a town to have under the Constitution and  laws of the State of Rhode Island, now  or as hereafter granted, together with  all of the implied powers necessary  to exercise those powers.

 

B.  The Town shall have the power to acquire property inside or outside its corporate limits for any public purpose, in fee simple or any lesser interest, by purchase, gift, devise, or lease, and  may  sell, lease, mortgage, hold, manage and  control its property as its interests may require. The Town shall not  exercise the power of condemnation for the purpose of redevelopment.

 

C.  The Town shall have the power to enact, amend, and repeal  ordinances, regulations, and  resolutions necessary  to exercise its powers, and  shall have the power to enforce its ordinances, rules, and  regulations by imposition of fines, forfeitures and penalties.

 

D.  The Town shall have the power to act jointly or in cooperation, by contract or otherwise, with  any Town, any State or State division or agency, and  with  the United States or any United States department or agency, provided that  the other  political entity has the same power by charter or legislation to similarly contract.

 

Section 3 Form of government.

 

A.  The municipal government established by this Charter shall be the Town

CouncilTown Administrator form of government.

 

B.  All powers  of the Town, except  the power to adopt an annual municipal budget and  to approve borrowing or the issuance of bonds pursuant to the laws of the State of Rhode Island, shall be vested  in an elected  Town Council that  is responsible for establishing policies, enacting ordinances, and  appointing a Town Administrator. The Town Administrator shall supervise the operation of the municipal government under the authority and  direction of the Town Council.

 

ARTICLE 2 Elections. Section 1 Conduct of elections.

 

The Constitution and  laws of the State of Rhode Island, so far as they may be applicable and  so far as they are consistent with this Charter, shall govern the conduct of Town elections.

 

Section 2 Canvassing authority.

 

A Board of Canvassers shall be appointed in the manner prescribed by the laws of the State of Rhode Island.

 

Section 3 – Elected officials.

 

A.  Biennially in even-numbered years, on the Tuesday after the first Monday in November, the qualified electors  of the Town shall elect five Town Council members and as many members of the school  committee as are necessary  to fill the offices  expiring that year.

 

large.


B.   Town Council members and  school  committee members shall be elected  at

 

C.  No qualified voter  shall be ineligible for election to the school  committee by reason  of his or her employment by the Town.

 

D.   No person elected  or appointed to a Town office shall seek or accept employment in the service of the Town during his or her term  of office and  for one year after leaving office, other  than  employment that  was held  at the time  of the officials election or appointment to office  or on the date of approval of this subsection.

 

Section 4 Form of ballot.

 

A.  The names  of candidates for Town Council and  school  committee shall be arranged opposite the title of the office  to be filled. The order  of the names  on the ballot shall be determined by a lottery conducted by the Board of Canvassers. All candidates shall be listed  on the ballot in the manner prescribed by the laws of the State of Rhode Island.

B.  No more  than  one candidate's name shall appear in each horizontal line.

 

C.  The Board of Canvassers shall determine the arrangement of ballots except  as provided in this Charter and  except  as otherwise provided by the laws of the State of Rhode Island.

 

Section 5 Vacancy in elective office.

 

A.  The Town Council shall declare  that  a vacancy exists in any elective Town office  if the incumbent dies, submits a written resignation to the Office of the Town Clerk, ceases to be qualified as an elector, or is convicted of a felony or a crime  involving moral turpitude.

 

B.  If a Town Council seat or a school  committee seat becomes vacant, the Town Council shall appoint the unelected candidate who  received the greatest  number of votes for that  office  in the most  recent  general  or special election. If that  person is unavailable, the Town Council shall appoint in sequence the unelected candidates who  received the next greatest  number of votes. Write-in candidates shall not  be considered eligible for appointment as unelected candidates. If no appointee is available from among any of the candidates for that  office in the most  recent  general  or special election, the Town

Council shall appoint a qualified elector  to serve the remainder of the term.

 

Section 6 Oath of office.

 

The term  of each elected  official shall begin at the first Town Council meeting following certification of the election by the Board of Canvassers. Before entering upon the duties of his or her office, each official shall make  the following oath  or affirmation, to be administered by a person lawfully qualified to administer oaths:

 

I do solemnly swear (or affirm) that I will support and  obey the Constitution and  laws of the United States of America and  the Constitution and  laws of the State of Rhode Island, that I will observe  the Charter and  the ordinances of the Town of Richmond, and  that I will faithfully discharge the duties of my office.

 

Section 7 Recall of elected officials.

 

A.  Any elected  Town official may be recalled from office  by the qualified electors of the Town at a special election called for that  purpose.

 

B.  A recall election shall be initiated by submitting to the Board of Canvassers a petition containing the name of the official whose  recall is sought and  a number of signatures of qualified electors  equal  to twenty-five percent of the number of votes cast in the most  recent  general  election. Each signature shall be accompanied by an address. Each person who  obtains signatures on a petition shall swear or affirm under oath  that the persons who  signed the petition did  so in the presence of the person who  obtained the signatures.

 

C.  Within seven business days of receipt of the petition, the Board of Canvassers shall certify the number of valid signatures. If the petition contains the sufficient number of signatures, the Office of the Town Clerk  shall, within seven days of the date of certification, notify the official by certified mail, return receipt requested, that  the recall petition has been submitted. The Board of Canvassers shall arrange with  the Secretary

of State for a special  recall election to be conducted no more  than  sixty days after the date on which the signatures were certified. The ballot question shall be stated  as follows: “Shall [name of incumbent] be recalled  from office?” If the official whose  recall is sought submits a written resignation from office  no fewer than  thirty days before  the date set for the recall election, the recall election shall not  take place.

 

D.  A separate  petition shall be submitted for each official whose  recall is sought. The recall of  more  than  one official may  be sought in the same election, provided that  a separate  question appears on the ballot for each official whose  recall is sought.

 

E.  An official shall be recalled  only  by an affirmative vote of a majority of qualified electors  casting ballots, and  if the number of ballots cast is equal  to thirty percent of the number of electors  who  participated in the most  recent  general  election. A recall shall take effect when  the Board of Canvassers certifies the election result. The vacancy in office  shall be filled  according to the provisions of Section 5 of this Article.

 

Section 8 Voter initiative and  referendum.

 

A.   The qualified electors  of the Town shall have the right to initiate the enactment, amendment, and  repeal  of Town ordinances.

 

B.  Enactment, amendment, or repeal  of an ordinance shall be initiated by submitting to the Board of Canvassers a petition containing a number of signatures of qualified electors  equal  to ten percent of the number of votes cast in the most  recent general  election. Each signature shall be accompanied by an address. Each person who obtains signatures on a petition shall swear or affirm under oath  that  the persons who signed the petition did  so in the presence of the person who  obtained the signatures. A copy  of the ordinance proposed for enactment, amendment, or repeal  shall be attached to the petition. A separate  petition shall be required for each enactment, amendment or repeal or each group of related enactments, amendments, or repeals.

 

C.  Within seven business days of receipt of the petition, the Board of Canvassers shall certify the number of valid signatures. If the petition contains the sufficient number of signatures, the Board of Canvassers shall forward the petition to the Town Clerk, who  shall place the enactment, amendment, or repeal on the agenda of the next regular Town Council meeting.  At that  meeting, the Town Council shall order  that notice be given  of a public hearing on the proposed ordinance enactment, amendment

or repeal in the manner required by Article 3, Section 5 of this Charter. The notice shall state that  the proposed enactment, amendment or repeal was initiated by petition.

D.   Upon receipt of the petition, the Town Clerk  shall forward it to the Town Solicitor, who  shall within fourteen days of receipt of the petition render a written opinion to the Town Council as to the legality of the proposed enactment, amendment or repeal.

 

E.  At the public hearing, the Town Council shall make  public the Town Solicitors opinion. If in the opinion of the Town Solicitor the proposed enactment, amendment or repeal  is legally infirm, the Town Council shall not  enact it.

 

F.  If after public hearing the Town Council does not  approve the enactment, amendment, or repeal  in substantially the same form as it was proposed for reasons other than  its legal infirmity, a referendum on the enactment, amendment or repeal shall be placed on the ballot of a general  or special election within sixty days of the date for which notice was given of the public hearing before  the Town Council. The enactment, amendment or repeal shall appear on the ballot in its entirety. If a majority of qualified electors  approve the enactment, amendment or repeal, it shall take effect on the day the Board of Canvassers certifies the result of the referendum.

 

G.   Any petitioner shall have the right to challenge the opinion of the Town

Solicitor by seeking a declaratory judgment in the Superior Court.

 

Section 9 Term limits.  (Reserved.)

 

ARTICLE 3 Town Council.

 

Section 1 Term and  qualifications.

 

A.  A Town Council consisting of five members shall be elected  at large in the manner provided by Article 2 of this Charter. Town Council members shall serve for a term  of two years or until a successor  Town Council is elected  and  qualified.

 

B.  Members of the Town Council shall be qualified electors  in Richmond. The Town Council shall be the judge of the qualifications of its members to hold office, and for that  purpose shall have the power to subpoena witnesses, administer oaths  or affirmations, and  compel the production of evidence.

 

Section 2 Compensation.

 

Town Council members shall receive  compensation for the performance of their responsibilities in amounts determined by the annual budget referendum.

 

Section 3 Organization and  conduct of meetings.

 

A.  Each newly-elected Town Council shall first meet on the Tuesday after the Board of Canvassers certifies the election of at least three members. At that  meeting, the Town Council shall elect a president and  a vice president from among its members. The Town Clerk  shall preside at the meeting until the president has been elected.

 

B.  The president shall be the chief  executive of the Town, shall sign all contracts on behalf of the Town, and  shall preside at all meetings of the Town Council. The vice president shall carry out the duties of the president during the president's absence  or disability. The president shall not  be disqualified from voting on account of his or her office.

 

C.  The Town Council shall meet regularly at least once in each month at a time and  place established by ordinance or resolution.  Special meetings may be called by the president or by three members. A quorum shall consist of three members. Each member shall have one vote.   An affirmative vote of a majority of members present shall be necessary  to approve a motion or to take any official action. The Town Council may adopt rules and  regulations governing the conduct of its meetings.

 

Section 4 Authority and  responsibilities.

 

The Town Council shall have the authority to:

 

A.  Enact, amend, and  repeal  ordinances to preserve  the public peace, health, safety, comfort, and  welfare, to protect the natural environment, and  to manage the property, affairs, and  government of the Town, without limitation and  not  inconsistent with the Constitution and  laws of the State of Rhode Island;

 

B.  Appoint or remove a Town Administrator in the manner provided by Article

4, Section 1 of this Charter.

 

C.  Appoint and  remove all Town employees, including department heads.

D.  Appoint and  remove a Town Moderator and  a Town Sergeant.

E.   Appoint members of boards and  commissions, and  appoint trustees  of trusts, as provided by this Charter, the laws of the State of Rhode Island, and  the ordinances of the Town.

 

F.  Establish, by ordinance or resolution, boards, commissions, or committees, including ad hoc committees, that  in the judgment of the Town Council are necessary for the orderly and  efficient management of the Town, and  appoint the members of those boards, commissions, or committees.

 

G.   Determine the amount of the bond of any Town officer or employee whose bonding is required by this Charter, by the laws of the State of Rhode Island, or by the ordinances of the Town.

 

H.  Arrange for the annual audit prescribed by Article 5, Section 1. G. of this

Charter.

I.  Order an audit of the accounts of the Town, or of any department or agency  of the Town, when in the judgment of the Town Council such an audit is necessary.

 

J.   Investigate the conduct of any employee, department, or agency  of the Town, and  for that  purpose subpoena witnesses, administer oaths  or affirmations, and  compel the production of evidence.

 

K.  Take any action necessary  to give effect to any vote at the annual budget referendum authorizing borrowing or the issuance of bonds for any purpose, in accordance with the laws of the State of Rhode Island, determine the maximum sum to be levied in taxes based on the approved budget, and  authorize the collection of taxes.

 

L.   Establish by ordinance any Town department, office, or agency, consistent with this Charter and  the laws of the State of Rhode Island.

 

M.  Issue, suspend, or revoke  licenses  as provided by this Charter, the ordinances of the Town, and  the laws of the State of Rhode Island.

 

N.  Ratify all Town contracts and  agreements, including but  not  limited to collective bargaining agreements.

 

O.   Borrow money in each fiscal year in anticipation of the receipt of the taxes

due or to become due in that  fiscal year, by resolution and  in accordance with the laws of the State of Rhode Island.

 

Section 5 Procedure for ordinance enactment.

 

A.  The Town Council may act by ordinance, resolution, or rule, provided that amendment or repeal  of an existing ordinance, and  establishment or abolition of any Town department or office, shall be done by ordinance. An  ordinance that  repeals or amends all or part of an existing ordinance shall set out in full the ordinance, section, or subsection to be repealed or amended. Text to be repealed shall be struck  through and text to be added shall be underlined.

 

B.  No ordinance except  an emergency ordinance shall be acted upon at the meeting at which it was introduced, but  shall be referred to a subsequent meeting for a public hearing. The proposed ordinance or amendment shall be posted on the Towns website at least seven days before  the date of the public hearing. The posting shall state the date, day, time, and  location of the public hearing. The Town Clerk  shall post a copy of the proposed ordinance or amendment in the Town Clerks office. Any change to the posted ordinance must  be presented during the public hearing.

 

C.  Every ordinance shall become effective upon passage unless another effective date is specified. Every ordinance adoption, amendment, or repeal  shall be authenticated by the signature of the Town Clerk  and  shall be recorded in a book kept for that  purpose.

Section 6 – Emergency ordinances.

 

The Town Council may  enact an emergency ordinance on the day of its introduction in an emergency affecting the public health, safety, welfare  or the environment, or in an emergency in which persons or property are endangered. Such  an ordinance shall specifically state the nature of the emergency and  shall automatically be repealed sixty days after its enactment.

 

Section 7 Direction of Town employees.

 

Individual Town Council members shall not  assign or direct the responsibilities of Town employees, either directly or through the Town Administrator. The Town Council shall assign or direct the responsibilities of Town employees only  by a majority vote and through the Town Administrator.

 

ARTICLE 4 Administration. Section 1 Town Administrator.

 

A.  The Town Council shall appoint a Town Administrator to supervise the business of the Town government at its direction. The appointment shall be made solely on the basis of executive, administrative, and  educational qualifications. The Town Council shall review  the Town Administrators performance annually.

 

B.  The Town Administrator shall be the chief administrative officer of the Town. It shall be the responsibility of the Town Administrator to:

 

1.   Submit to the Town Council a list of qualified candidates for department directors. The Town Council may make  an appointment from among the candidates submitted, may ask the Town Administrator to submit additional candidates, or may  ask the Town Administrator to readvertise the position.

 

2.  Supervise and  coordinate the administrative activities of the Town and the performance of each department, office, and  agency, implement an annual review  of the performance of all employees, including department directors, and   submit to the Town Council an annual report on the performance of each department.

 

3.   Submit to the Town Council a list of persons qualified to serve as Town

Moderator and  Town Sergeant.

 

4. Discipline and  suspend Town employees, including department directors, provided that  the Town Administrator shall immediately notify the Town Council of such discipline or suspension.

 

5.  Recommend to the Town Council the removal of any department director.

6.  Designate a temporary replacement in the event  of the absence  or disability of a department director, provided that  the Town Administrator shall immediately notify the Town Council of such appointment.

 

7.  Supervise the negotiation of all collective bargaining agreements.

 

8.  Maintain an inventory of all Town property and assets.

 

9.  Annually prepare and  present to the Town Council a five-year  capital improvement plan  and  budget.

 

10. Ensure that  all laws and  ordinances of the Town are enforced, that  all franchises, permits, and  privileges granted by the town are observed, and  that all contracts made by the Town are performed.

 

11.  Perform any other  duties required by this Charter or by ordinance of the

Town or assigned by the Town Council.

 

12. Act as the Purchasing Agent.

 

C. A Town Administrator shall be appointed according to the following procedure:

 

1.   The Town Council shall appoint a committee of at least three members to recommend candidates for the position.  The committee shall include at least one Town Council member.

 

2.  The committee shall advertise the position through professional

organizations, in a publication of statewide or greater  circulation, and  through other  methods of dissemination, and  shall review  applications and  interview applicants.

 

3.  The committee shall submit the names  of no fewer than  two candidates to the Town Council. The Town Council may appoint one of the candidates as Town Administrator by a majority vote, may ask the committee to submit additional candidates, or may  ask the committee to readvertise the position.

 

D.  The Town Administrator shall designate a department director to exercise the powers and  carry out the respo