[Amended 11-3-1992; 11-5-1996; 11-5-2000; 11-4-2008]
The Town Council shall consist of five members
who shall be elected by districts of the Town. Councilors will serve
for a two-year term from the first Tuesday of January following the
election to the Monday before the first Tuesday of January of the
next odd-numbered year.
[Amended 11-3-1992; 11-2-2010]
Members of the Town Council shall be qualified
electors of the Town of Lincoln and shall hold no other public office
or employment in the service of the Town or of the state or federal
government except that of notary public, Justice of the Peace, or
member of the national guard or air, military or naval reserve. No
member of the Town Council shall hold office unless such member is
a qualified elector of his or her elective district. If a member of
the Town Council shall cease to possess any of these qualifications
his or her office shall immediately become vacant.
[Amended 11-5-1996; 11-2-2010]
If a vacancy shall occur in the Town Council
before the first date allowable by law for filing of declarations
of candidacy for the next regular election, a special election shall
be called by the Town Clerk in the manner prescribed by law to fill
such vacancy. Any vacancy in membership of the Town Council that shall
occur on or after the first day allowable by law for filing of declarations
of candidacy for the next regular election may be filled for the unexpired
term by the remaining members of the Town Council, provided that the
person chosen by the Town Council to fill such vacancy shall be from
the same district as the retired incumbent.
[Amended 11-2-2010]
The Town Council shall elect one of its members
as President of the Town Council and another of its members as Vice
President. The President shall preside at meetings of the Town Council
and shall be recognized as head of the Town government for all ceremonial
purposes and by the Governor for purposes of military law. The President
shall have the right to speak and vote as any other member. The Vice
President shall preside at meetings of the Town Council when the President
is absent or when the President recuses himself or herself.
[Amended 11-2-2010]
Members of the Town Council shall receive such
annual salaries as shall from time to time be fixed by the Town Council.
The President of the Town Council shall receive such additional annual
salary as shall from time to time be fixed by the Town Council. No
increase in salary shall take effect until after the next biennial
election of Town Councilors.
[Amended 11-5-1996; 11-2-2010]
The first meeting of each newly elected Town
Council for induction into office shall be held at 7:00 p.m. on the
first Tuesday of January in odd-numbered years or as soon thereafter
as practical. 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
48 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.
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 adjourn from time to time. At least
48 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.
All powers of the Town excepting such as may
belong to the Town Meeting or to other agencies as provided in this
Charter and by law shall be vested in the Town Council. Without limitation
of the foregoing the Town Council shall have power to:
(1)Â
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)Â
Judge the qualifications of its members;
(3)Â
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 ordinances;
(4)Â
Create, change and abolish departments, offices and
agencies other than those established by this Charter and distribute
the work among them, and assign additional functions or duties to
departments, offices and agencies established by or under this Charter,
but may not discontinue or assign to any other department, office
or agency, any function or duty assigned by this Charter to a particular
department, office or agency;
(5)Â
Inquire into the conduct of any office or officer,
department or agency of the Town under its control;
(6)Â
Elect and remove all Town officers, members of boards
and commissions and fill all vacancies in all elective or appointive
offices, boards and commissions for the remainder of the respective
terms thereof except as specifically provided otherwise in this Charter;
(7)Â
Establish by ordinance 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 otherwise in
this Charter;
(8)Â
Provide by ordinance for a personnel classification
system in conformity with provisions of this Charter and applicable
general and special laws;
(9)Â
Act as a Board of Personnel Review in receiving, considering
and disposing of appeals from dismissals, suspensions, demotions,
transfers and layoffs of appointive officers and employees of the
Town;
(10)Â
Provide rules and regulations with respect to vacations
of Town officials and employees, except those of the School Department
and the Water Commission;
[Amended 11-2-2010]
(11)Â
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;
(12)Â
Have special Financial Town Meetings called, but this
provision shall not be deemed to preclude the right of electors qualified
to vote at a Financial Town Meeting to have Town Meetings called by
request in accordance with state law;
(13)Â
Propose budget recommendations to the Budget Board;
(14)Â
Take any action necessary to give effect to any vote
of the Financial Town Meeting authorizing the issuance of bonds for
any purpose and to complete all the details of the bond transaction,
and to give effect to any vote of the Financial Town Meeting in accordance
with the general or special laws of the state;
(15)Â
Review any special assessment upon request of property
owner and order correction of same;
(16)Â
Enact and amend, after notice as prescribed by statute
and public hearing, the Zoning Ordinance;
(17)Â
Elect such number of constables to serve civil process
as it shall from time to time determine, and charge and collect for
licenses issued to such constables such fees as the Council shall
fix by ordinance but such fees shall be not less than $5 nor more
than $25;
(18)Â
Grant, suspend or revoke licenses in accordance with
law;
(19)Â
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;
(20)Â
Enact and amend ordinances relating to the Town's
property, affairs and government not inconsistent with the State Constitution
and laws;
(21)Â
Issue subpoenas to compel witnesses to testify and
produce records as prescribed by law.
(22)Â
Approve
the annual budget for wastewater management.
[Added 11-2-2010]
[Amended 7-1-1971; 11-6-1990]
(1)Â
Ordinances. The Town Council may act by rule, ordinance or resolution, but in addition to the cases in which an ordinance is required by any specific provision of this Charter or any applicable law, any action creating or abolishing any department, office or agency of the Town government or any action taken under the provisions of § C5-8(3), (8), (16) shall be by ordinance only.
(2)Â
Passage of ordinances.
(a)Â
Introduction. Every proposed ordinance shall be filed
with the Town Clerk by a member of the Town Council, or by the Town
Administrator 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.
(b)Â
Reading and public hearing. Every ordinance, other
than an emergency ordinance, shall be read a first time by title and
explained by its introducer at the meeting at which it is introduced
and then referred to a subsequent regular or special meeting for action.
If, in the meantime, a petition signed by 20 qualified electors be
filed with the Town Clerk requesting a public hearing, one shall be
held at the meeting next following its introduction, 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.
(c)Â
Vote required for passage. The affirmative vote of
a majority of the Councilors 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.
[Amended 11-2-2010]
(3)Â
Publication of ordinances. After passage, there shall
be published within seven days a notice describing the ordinance in
brief and general terms and stating that it is available for public
inspection in the office of the Town Clerk.
(4)Â
Effective date of ordinance. Every ordinance, unless
it shall specify another date, shall become effective at the expiration
of 20 calendar days after such publication following passage.
(5)Â
Emergency ordinances. In an emergency affecting the
public peace, health, safety, comfort and welfare of the inhabitants
of the Town and for protection of persons and property, the Council
by an affirmative vote of three members may adopt on the day of its
introduction, without previous filing with the Town Clerk, an ordinance
containing a declaration of emergency which shall take effect upon
its passage. The nature of the emergency shall be specifically stated
in the ordinance and such declaration shall be conclusive as to the
existence of such emergency. Such emergency ordinance(s) shall be
temporary and for the period of the emergency only and may authorize
departments, offices and agencies of the Town government to act outside
and beyond the usual requirement of ordinances, resolutions, rules
and regulations.
(6)Â
Ordinance enacting clause. The enacting clause of
all ordinances shall be: "The Town Council of the Town of Lincoln
hereby ordains:".
[Amended 11-5-1996; 11-2-2010]
The Town Council shall provide for an annual
detailed audit of the financial records of the Town for the preceding
fiscal year. Such audit shall be conducted either by state auditors
or by qualified certified public accountant(s) holding a certificate
from the State of Rhode Island, or from any other state with whom
the State Board of Accountancy has a reciprocal relationship, and
having no personal interest in such books, accounts, and other evidences
of financial transactions of the Town. The Town Council by resolution
shall arrange for an independent audit of the books, accounts, and
other evidences of financial transactions of the Town in accordance
with Rhode Island General Laws Chapter 45-10 or as amended from time
to time. Audits shall be conducted in conformity with generally accepted
auditing standards and government 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. The Town Finance Director shall each year provide an unaudited
financial report of the financial records for the preceding fiscal
year within six months after the close of the fiscal year. Such report
shall include the Town General Fund, Capital Fund(s), and the School
Department Unrestricted Fund.
[Amended 11-2-2010]
(1)Â
The powers and duties of a Probate Court for the Town
shall be exercised and performed by a Judge of Probate.
(2)Â
The Judge of Probate shall be an attorney-at-law in
good standing who has been admitted to the practice of law in this
state, and who is a qualified elector of the Town.
(3)Â
The Town Council by resolution shall appoint a Judge
of Probate to serve for a term of office concurrent with that of the
Council and until his or her successor is appointed and qualified.
(4)Â
In the absence, disability or disqualification of
the Judge of Probate so that he/she is unable to perform his or her
duties, the Town Solicitor shall serve as Acting Judge of Probate
and when so serving shall have and exercise all the powers and duties
of the Judge of Probate provided that, if the vacancy caused by the
inability of the Judge of Probate is to be or has been more than 90
days, the Town Council by resolution shall appoint another Judge of
Probate to fill out the unexpired term.
(5)Â
The clerk of Probate Court shall be the Town Clerk.
All fees paid into the Probate Court shall inure to the benefit of
the Town and shall be paid over to the Director of Finance by the
clerk of the Probate Court.
(6)Â
The Town Council shall determine and fix the salary
of the Judge of Probate.
[Amended 11-10-2002; 11-2-2010]
(1)Â
There shall be a Town Solicitor who shall be appointed
by the Town Council to serve for a term of office concurrent with
that of the Town Council.
(2)Â
The
Town Solicitor and any assistant Town Solicitor appointed by the Town
Council shall be an attorney-at-law in good standing who has been
admitted to the practice of law in this state at least five years
prior to his/her appointment, and shall not hold any other office
in the Town government except that of Acting Judge of Probate when
so necessary.
(3)Â
The
Town Solicitor need not be a Town resident or be required to devote
full time to the duties of his/her office. The Town Solicitor shall
receive such compensation as shall be set by the Town Council.
(4)Â
Duties.
(a)Â
The
Town Solicitor shall be the attorney for the Town and legal advisor
to the Town Administrator, Town Council and all other departments,
offices and agencies of the Town. The Town Solicitor shall appear
for and protect the rights of the Town in all actions, suits or proceedings,
civil or criminal, in law or equity, brought by or against it or for
or against any of its departments, officers {offices} or agencies
and shall perform such other duties appropriate to the office as the
Town Administrator and Town Council may require.
(b)Â
The
Town Solicitor shall examine and approve the forms of all ordinances
and resolutions and the forms of all invitations for bids, contracts
and other legal documents sent out by any department, office or agency
of the Town.
(c)Â
The
Town Solicitor shall decide all questions and controversies relative
to the legal construction of any and all laws and ordinances affecting
the Town as well as the Town Charter and the division of powers and
duties created or implied therein.
(5)Â
All
written legal opinions furnished to the Town Administrator, the Town
Council and all departments, offices and agencies of the Town shall
be treated consistently with the Rhode Island Access to Public Records
Act, Chapter 38-2 of the Rhode Island General Laws, as may be amended
from time to time.
(6)Â
This
section shall not be deemed to abridge such special powers as are
now and hereafter conferred upon Town Solicitors by state law.
