Town of Johnston, RI General Provisions

It shall not be necessary for the full text of the Charter or amendments to the Charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient. When any question is to be submitted to the voters, the town council shall approve the statement of the question as it shall appear upon the ballot.

Sec. 19-2 Specific terms prevail.

To the extent that any specific provision contained in this charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

Sec. 19-3 Severability of provisions.

If any one or more articles, sections, clauses, sentences or parts of this Charter shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions hereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any article, section, clause or provision of this Charter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

Sec. 19-4 Laws affecting officers.

(1)

Any powers, duties and functions which are required by law to be exercised, performed or administered by a particular officer or officers of the town shall be carried out by the officer or officers who by this Charter or by ordinance or by law are responsible for the same, regardless of the title or designation of the office.

(2)

All elected and appointed officers of the Town of Johnston shall be qualified electors of said town except as otherwise provided in this Charter.

(3)

The term of office of all officers, members of boards, commissions and committees of the town appointed with the approval of or appointed or elected by the town council shall be concurrent with the term of the town council unless otherwise provided in this Charter or by ordinance.

(4)

No person shall be eligible to hold any paid office or employment in the town government who holds any other town office, or civil office, legislative, executive or judicial, in either the state or federal government, except that of notary public, justice of the peace, or member of the national guard or armed forces reserve and except as otherwise provided in this Charter.

(5)

No employee of the town shall hold an elective office in the town government while he is in the employ of the town.

(6)

All paid personnel holding office or employment in the town government, other than an elective office, shall be required to engage in the actual work of their offices or employment during regular business hours to the extent that their services may be necessary for the full and complete discharge of their duties. The town council upon recommendation of the mayor, shall determine which officers and employees of the town shall not be required to devote their full time to the duties of their respective offices, except as provided by this Charter.

(7)

The membership of no appointive board, commission or committee other than a town council committee shall be composed entirely of members of the same political party, and any minority member or members shall be a bona fide representative of his party. Recommendation of candidates for appointment as minority membership shall be made by the respective town party chairman, who will submit a list of five times the number required to fill such post, from which list the selection must be made.

(8)

No officer or employee of the town government including the members of the school committee shall be financially interested in the profits of any contract, job, work, or service to be performed for the town, or in the voluntary sale or lease to the town of any land, property, material, supplies or equipment other than as the beneficiary of a patent or copyright or bond or as a minority stockholder with ownership of not exceeding five per cent of such stock outstanding. Any town officer or employee found guilty of a willful violation of this provision shall be personally liable to the town to the extent that the town suffers loss thereby.

Sec. 19-5 Oath of office.

Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk;

"I (name) do solemnly swear (or affirm) that I will be true and faithful unto this town, and support the laws and ordinances hereof as well as the laws and the constitution of the State of Rhode Island and of the United States of America; and that I will well and truly execute the office of (naming the office) for the term for which I have been elected (or appointed), or until another be engaged in my place, or until I be legally discharged therefrom, so help me God (or `This affirmation I make and give upon peril of the penalty of perjury')."

Sec. 19-6 Official bonds.

The town council shall require a bond, in such amount and with such surety as this Charter or the town council may specify, from all persons entrusted with the collection, custody or disbursement of any of the town money and may require such bond from such other officials and employees as the town council may deem advisable and all as required by law. The premiums on such bonds shall be paid by the town unless provided otherwise.

Sec. 19-7 Publicity of records.

Unless, and as, otherwise provided by law and this Charter all records and accounts of every office, department and agency of the town shall be open for inspection to the public at all reasonable times and under reasonable regulations established by the town council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. A copy of all such rules or regulations made by any department or agency, except those which relate to this internal organization or management shall be filed in the office of the town clerk.

Sec. 19-8 Codification of ordinances.

The town council, not later than January 1, 1966, and at least every tenth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the town which are appropriate for continuation as local laws of the town. Such revision or codification shall be prepared under the supervision of the town solicitor, but the town council may authorize the town solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.

Sec. 19-9 Town Council and School Committee districts.

The town council and school committee districts referred to in article II, section 5, shall be as designated in attachment No. 1 to this Charter until such time as the districts designated therein are revised in accordance with the provisions of this Charter.