The town council shall have five members, one
to be elected from and by the electors of each of the five districts
of the town, for a term of two years or until a majority of the newly
elected town council have qualified and have taken office.
If a vacancy shall occur in the membership of
the town council ninety days or more prior to the next regular or
special election to be held, in the district from which such former
councilman had been elected, a special election to fill the vacant
position on the town council shall be called by the town clerk in
the district involved, in the manner prescribed by law, to fill such
vacancy.
Members of the town council shall be electors
of the Town of Johnston and shall hold no other public office or employment
in the service of the Town of Johnston or of the state or federal
government except that of notary public, justice of the peace, member
of the national guard or armed forces reserve, or a volunteer or call
fireman. If a member of the town council shall cease to possess any
of these qualifications his office shall immediately become vacant.
The town council shall elect one of its members
as president of the town council to preside at meetings of the town
council for such term as the town council shall determine. The town
council shall also elect one of its members as assistant council president
who shall act as council president during the absence or disability
of the president of the council, and if a vacancy should occur shall
become president of the town council for the completion of the unexpired
term. The presiding officer shall have the right to speak and vote
as any other member of the town council.
The annual salary of members of the town council
shall be five hundred dollars except that of the president of the
town council who shall receive annually seven hundred and fifty dollars.
This may be changed by ordinance; providing, that no increase in salary
shall take effect until after the next biennial election and installation
of town councilmen; and providing further, that no increase in annual
salary for any biennium shall be more than one hundred dollars for
each councilman.
A majority of the whole number of members of
the town council shall constitute a quorum for the transaction of
business, but a smaller number may adjorn[1] from time to time. At least twenty-four hours notice of
the holding of an adjourned meeting shall be given to all members
who were not present at the meeting from which the adjournment was
taken.
[1]
Editor's Note: So in original. Probably should
read "adjourn."
The first meeting of each newly elected town council shall be held following the swearing into office of its members pursuant to section 2-4 of this Charter. Thereafter the town council shall meet regularly at such time and at such place as may be prescribed by its rules but not less frequently than once each month. A special meeting of the town council shall be called by the town clerk at the request of the town council president or a majority of the members of the town council. Notice of a special meeting shall be given to each member at least forty-eight hours previous to the time of such meeting. The town council may meet upon shorter notice by unanimous consent of all its members which shall be entered in the record of 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; provided, that all votes are taken in public. (Res. #72, 9-13-1982; G.E. 11-2-1982)
The town council shall be the policy determining
body of the town. Except as otherwise provided by the constitution
and laws of the state, or by this Charter, the town council shall
have all the powers of the town. Without limitation of the foregoing
grant or of other powers given it by this Charter, the town council
shall have the power:
(1)
To 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)
To judge the eligibility of its own members subject
to review by the courts on questions of fact and law.
(3)
To enact ordinances providing for levying taxes and
other revenue and appropriate money for other expenditures.
(4)
To inquire into the conduct of any office or officer,
department or agency of the town.
(5)
To establish by ordinance by the compensation that
may be paid to all elective or appointive officers and employees,
including board and commission members of the town and stipulate the
amount in each instance except where specifically provided in this
Charter.
(6)
To provide by ordinance for a personnel classification
system in conformity with provisions of this Charter and applicable
general and special laws.
(7)
To act as a board of personnel review in receiving,
consideration and disposing of appeals from dismissals, suspensions,
demotions, transfers and layoffs of appointive officers and employees
of the town.
(8)
To fix the amount of the official bonds of all officers
of the town, who in the opinion of the town council should be bonded,
the premium on such bonds to be paid by the town.
(9)
To provide rules and regulations with respect to vacations
of town officials and employees.
(10)
To enact, amend or repeal rules, ordinances and resolutions
for the government of the town which 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.
The town council may provide reasonable penalties in accordance with
the law for the violation of any ordinance.
(11)
To review any special assessment upon request of a
property owner and order correction or confirmation of same.
(12)
To enact and amend, as prescribed by statute, the
zoning ordinance.
(13)
To elect such number of constables as required for
the town, to be licensed and to perform duties as specified under
law. (Res. #72, 9-13-1982; G.E. 11-2-1982)
(14)
To grant, suspend or revoke licenses in accordance
with law.
(15)
To provide for the audit at any time of the accounts
of the town or any of its departments and to provide for an annual
audit as hereinafter prescribed.
(16)
To enact and amend ordinances relating to the town's
property, affairs and government not inconsistent with the state constitution
and laws.
(17)
To issue subpoenas to compel witnesses to testify
and produce records as prescribed by law.
(18)
To appoint committees of the council which may investigate
and report on any matter referred to it and make a recommendation
thereon but no committee shall have any executive or legislative powers
and all matters shall be determined by the council as a whole.
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(a)
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Ordinances. The town council may act by rule, ordinance or resolution. In addition to the case in which an ordinance is required by any specific provision of this Charter or any applicable law, any action taken under the provisions of article III, Sec. 3-8 (3), (6), (10), (12), shall be by ordinance only.
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(b)
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Passage of ordinances.
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(a1)
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Introduction. Every proposed ordinance shall
be filed with the town clerk by a member of the town council not later
than four business days previous to the day of the meeting at which
it is to be introduced. The town clerk shall forthwith provide each
member of the council with a copy thereof and shall post one copy
of such ordinance in some place accessible to the public in the town
hall.
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(b1)
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Reading and public hearing. Every ordinance,
other than an emergency ordinance, shall be read the first time by
title and explained by its proponent at the meeting at which it is
introduced and then referred to a subsequent regular meeting for action.
If, in the meantime, a petition signed by at least twenty qualified
voters be 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, granting a franchise
or creating or amending a personnel classification system and no such
ordinance shall be passed as an emergency ordinance.
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(c1)
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Vote required for passage. The affirmative vote
of a majority of the councilmen present shall be necessary for the
passage of any ordinance or the transaction of any business provided
a quorum is present. The vote upon any ordinance shall be by roll
call and entered on the record of proceedings. A vote by roll call
shall be taken on any other matter at the request of any two members.
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(3)
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Publication of ordinance. After passage, there
shall be prepared by the town clerk a notice describing each ordinance
in brief and general terms, which shall be submitted to a newspaper
of general circulation in the town no later than the end of business
on the third day following such passage (Saturdays, Sundays, and legal
holidays excepted), for publication therein on the earliest possible
date following submission thereof. Within the same three day period,
the full text of any such ordinance shall be made available for public
inspection in the office of the town clerk. (Res. #72, 9-13-1982;
G.E. 11-2-1982)
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(4)
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Effective date of ordinance. Every ordinance,
unless it shall specify another date, shall become effective at the
expiration of twenty days after such publication following passage.
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(5)
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Emergency measures. The power to declare an
emergency affecting the public peace, health, safety, comfort and
welfare of the inhabitants of the town and for the protection of persons
and property is placed in the mayor by this Charter but the town council
may by ordinance ratify the action of the mayor and/or direct him
to take additional or different action in dealing with the emergency
and may by resolution declare the emergency closed. Enactments by
the town council dealing with an emergency or emergencies may be adopted
on the day of introduction, without a previous filing with the town
clerk, shall contain a declaration of the existence of the emergency
which declaration shall be conclusive as to the existence of such
emergency and shall take effect upon their passage.
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(6)
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Ordinance enacting clause. The enacting clause
of all ordinances shall be; "The Town Council of the Town of Johnston
hereby ordains--"
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The town council shall provide for an annual
detailed audit of the financial records of the town for the preceding
fiscal year, such audit to be made within four months after the close
of such fiscal year. Such audit shall be conducted by a certified
public accountant holding a certificate from this state. Audits shall
be made without competitive bids and shall conform with generally
accepted auditing standards, including all procedures necessary for
the auditors to express an informed opinion of the financial condition
of the town. A copy of the audit report each year shall be filed with
the town clerk and shall be a public record.
