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.
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
Council–Town 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.
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 official’s 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 Solicitor’s 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.)
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 Town’s 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 Clerk’s 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.
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 Administrator’s 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