[Amended 11-2-2010]
The electors of the Town of Lincoln, qualified
to vote upon any proposition to impose a tax or for the expenditure
of money in said Town, shall assemble annually in Financial Town Meeting
on the second Monday in May, at 7:00 p.m., for the purpose of exercising
the powers specified next herein.
The said electors of the Town of Lincoln in
Financial Town Meeting assembled shall have and exercise the powers
vested in the Town to raise by a tax upon real and personal estate
such sums of money as may be required for the payment of the Town's
debts and interest thereon, for the support of the various departments,
offices, agencies and boards of the Town, for the maintenance and
improvement of the Town's property and for all necessary charges and
expenses whatsoever arising within said Town, whether incidental or
not to the above; to lease or authorize the leasing of the Town's
property; to grant and vote such sums of money as they shall deem
necessary for all expenses of the Town for the ensuing year; to authorize
the borrowing of money and the issuance of bonds pursuant to the statutes
now or hereafter in effect; and to transact all such other business
as may be exercised by a Financial Town Meeting under applicable provisions
of law.
The Town Clerk shall cause the electors of the
Town to be notified of every Financial Town Meeting which shall be
legally called. The Town Council shall provide by ordinance for the
manner of calling such meeting and all other matters relating thereto
which are not otherwise prescribed by this Charter, by provisions
of state law or by vote of the Financial Town Meeting.
[Amended 11-6-1990; 11-2-2010]
The electors of the Town of Lincoln assembled
at the Annual Financial Meeting held on the second Monday in May,
shall at the commencement of the Town Meeting elect a Moderator by
secret nonpartisan ballot to serve for one year from the adjournment
of that meeting to the adjournment of the next Financial Town Meeting
and until his or her successor is elected and qualified. Nominations
for the office of Town Moderator shall be filed with the Town Clerk
at least 15 days prior to the Financial Town Meeting. The Moderator
shall be as elector of the Town qualified to vote in Financial Town
Meeting. Whenever a vacancy shall occur in the office of Moderator,
by death, removal out of Town, resignation, neglect or refusal to
qualify, or for any other cause, the Town Council may fill the same
until the next election for the election of such office; provided
that if on the date and hour set for any annual or special Financial
Town Meeting the office of Moderator be vacant or he/she be absent
the qualified electors present shall elect a Moderator to preside
at such meeting.
[Amended 11-2-2010]
The Town Moderator shall preside at all Financial
Town Meetings and shall have power to conduct, manage and regulate
the business of each meeting conforming to law and shall maintain
peace and good order therein. If any person shall conduct himself
or herself in a disorderly manner in any Town Meeting, the Moderator
may order that person to withdraw from the meeting; and, on his or
her refusal, may order the Town Sergeant, or a Town of Lincoln police
officer, to take that person from the meeting.
[Amended 11-2-2010]
Prior to any Town Meeting prescribed by law
or Special Town Meeting called by request in the manner hereinafter
provided, the list of electors qualified to vote in such Town Meetings
shall be made out and canvassed in the same manner as provided by
Rhode Island State law with respect to elections.
[Amended 11-6-1990; 11-4-2014]
One hundred qualified electors shall be necessary
to constitute a quorum at any Financial Town Meeting. Should the meeting
fail to achieve a quorum, the budget recommended by the Budget Board
shall be automatically adopted.
In all matters arising in the conduct of the
Financial Town Meeting, accepted rules of parliamentary procedure
shall apply; provided, however, whenever any question shall be pending
involving any expenditure of money, or the incurring of liability
by the Town, or the disposition of Town property, the same shall be
taken by ballot, if a ballot be called for, and the call be seconded
by at least 1/5 of the electors present who are qualified to vote
on the pending question. All questions shall be decided by a majority
of those voting, unless otherwise provided by law. The Moderator shall
have power to cast the deciding vote in case of a tie vote.
A copy of the record of the proceedings of any
Financial Town Meeting, duly certified by the Town Clerk, shall be
evidence of any act or vote of such Town in Town Meeting assembled,
recited in such copy; and the certificate of the Town Clerk that no
Town Meeting has been held to consider any subject in said certificate
mentioned, or that no vote of the Town has been taken upon such subject,
shall be evidence of the fact therein stated.
[Amended 11-2-2010]
Any Financial Town Meeting, by majority vote
of the electors voting on the motion duly made and seconded, providing
that the hour of 11:00 p.m. has arrived, shall refer to a recessed
meeting, any unfinished business to be transacted. Such a recessed
meeting shall be held on the following day, at 7:00 p.m.
[Amended 11-2-2010]
Whenever the Town Council by resolution, or
whenever 10% of the electors of the Town qualified to vote on a proposition
to impose a tax or for the expenditure of money shall make a request
in writing, for the calling of a special Financial Town Meeting and
direct the same to the Town Clerk, he/she shall cause the electors
to be duly notified of the time and place of such meeting and of the
business proposed to be transacted therein. No special Financial Town
Meeting shall be called without the consent of the Town Council if
the subject or any of the subjects proposed to be considered at such
special Town Meeting shall have been acted upon by a Town Meeting
within six months previous to the time of such proposed call.
[Amended 11-6-1990; 11-2-2010]
(1)
No motion
for the expenditure of money, other than the budget proposed by the
Budget Board, or alternative proposals by the Town Council, shall
be in order at a Financial Town Meeting, unless it shall have been
filed in writing with the Town Clerk and signed by at least 500 electors
qualified to vote in Financial Town Meeting not less than 15 calendar
days previous to the date of such meeting at which such motion is
to be considered; the Town Clerk shall include in the call for such
meeting a notice that said motion shall be considered at said Financial
Town Meeting.
[Amended 11-4-2014]
(2)
No motion
increasing or decreasing an appropriation by more than 10% of the
appropriation's dollar amount set forth in the budget recommended
by the Budget Board, or $80,000, whichever amount is less, except
for motions made by the Budget Board, shall be in order at the Financial
Town Meeting unless it shall have been filed in writing with the Town
Clerk not less than 15 calendar days previous to the date of such
meeting at which such motion is to be considered; the Town Clerk shall
include in the call for such meeting a notice that said motion shall
be considered at the Financial Town Meeting. Other than as set forth
in this section, provided, however, that nothing contained in this
Charter shall be construed to prevent the increase or decrease of
any appropriation which is lawfully contained in the warrant or which
is recommended by the Budget Board.
[Amended 11-6-1990; 11-2-2010; 11-4-2014]
There shall be a Budget Board, consisting of 11 members, one of whom shall be the Moderator of the Town, and the other 10 shall be elected for five-year terms, two of whom shall be elected annually at the Financial Town Meeting, except that of those elected at the first Financial Town Meeting held hereunder there shall be two elected for one year, two elected for three years, two elected for four years and two elected for five years, and until their respective successors are elected and qualified. Annually after the first Financial Town Meeting held hereunder, two members shall be elected for five-year terms to fill the vacancies caused by the expiration of terms of office of members of the Board. The members shall be elected by secret nonpartisan ballot at the commencement of the Town Meeting from the electors of the Town qualified to vote at the annual Financial Town Meeting, and there shall be two from each of the five districts of the Town, and not more than one member shall be elected from any district in the same year, unless to fill out an unexpired term. In case of a vacancy on the Board after the election of its members, such vacancy, or vacancies, shall be filled by appointment of the Town Council until the next annual Financial Town Meeting; provided, however, that the vacancy be filled from the same district in which the vacancy or vacancies exist. The members of the Budget Board shall serve without salary, but an appropriation for their actual expenses shall be made. Nominations for election to the Budget Board shall be filed with the Town Clerk at least 15 days prior to the Financial Town Meeting. The term of each member shall commence after the ratification of the budget as referenced in §C4-7.
[Amended 11-6-1990]
All reports, recommendations and resolutions
to be offered at any Financial Town Meeting by an agency of the Town
government or any person qualified to vote at the said meeting, shall
be filed with the Town Clerk not less than 15 calendar days prior
to the meeting and read at the opening of the meeting on the order
of the Moderator.
