[Added 11-10-2002]
The Council, by resolution, may impeach or remove
from office any of its members and may remove any other elective or
appointive officers of the Town, including the Town Administrator
for cause.
The following shall constitute cause for impeachment
or removal:
(1)
Willful violation of any provisions of the Charter
or ordinances.
(2)
Incompetency to perform the duties of office.
(3)
Habitual, illegal or other serious substance abuse
affecting the public services, public good, or otherwise creating
an appearance of impropriety.
(4)
Willful neglect of duty.
(5)
Corrupt or willful malfeasance in office.
(6)
Willful misconduct to the injury of the public service.
Removal proceedings may be initiated by majority
vote of the Town Council or by any 5% of qualified electors of the
Town as hereinafter provided. Upon the filing with the Council of
a complaint in writing specifying any matter or thing made cause for
removal under this Charter, which complaint shall be signed by majority
of the Council or by not less than 5% of qualified electors of the
Town, which said complaint, in either case, shall be verified by oath
of the signers, the Council shall proceed to hear and determine the
matter as herein provided.
No officer shall be removed unless he/she is
first furnished with reasonable notice of the charges in writing and
is allowed a hearing and due process thereon; and for such purposes
the Council shall have the power to compel the attendance of witnesses
and the production of papers by subpoena or written order, and the
Council shall compel the attendance of such witnesses and the production
of such papers by subpoena or written order for such hearing as such
officer may in writing request, provided that such request is materially
pertinent, relevant and legally appropriate.
The Council shall hear and determine said charges
within 30 days after the officer against whom the charges have been
brought has been provided with notice thereof, unless said proceedings
shall be adjourned for cause to a time not exceeding 30 days additional,
or unless, through no fault of the Council, the charges cannot be
heard and determined within the time hereinabove set forth, in which
case the Council shall hear and determine the charges within the time
hereinabove set forth when the cause for delay has been removed.
In the event that the charges have been filed
against a member of the Council, the said member of the Council shall
not be eligible to sit as a member of the Council during the hearing
of said charges, and shall not be eligible to vote thereon. In the
event that the charges are filed against a member of the Council by
another member or members of the Council, the Councilor or Councilors
filing such charges shall not be eligible to vote thereon; provided
however, that where such disqualification will result in the lack
of a quorum to hear said charges, then the disqualification shall
be limited to the extent necessary to preserve the quorum so that
said charges may be heard.
Any person refusing or neglecting to comply
with the requirements of any subpoena or written order issued and
served under this article shall be liable to a fine not to exceed
$50 or imprisonment not to exceed 30 days, on conviction of such refusal
or neglect.
Any official aggrieved by a decision of the
Town Council, pursuant to this provision, may appeal the Council's
decision to the Superior Court pursuant to state law.
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CERTIFICATE
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To the Honorable, the Town Council of the Town
of Lincoln, Rhode Island:
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We, the undersigned, being all the duly elected
and qualified members of the Lincoln Charter Commission, hereby certify
that this instrument, herewith attached, has been duly framed and
adopted by said Commission as and for a Charter for the said Town
of Lincoln. We submit said Charter to you for action thereon as prescribed
by law.
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WITNESS our hands this 2nd day of October, 1958.
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Frank A. Carter, Jr., Chairperson
Henry H. Tucker, Vice Chairperson
Frances S. Olney, Secretary
Henry E. Fortier, Jr.
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John E. Graham, III
George M. Kokolski
Rene C. Morin
Oliver H. J. Perry, 2nd
George C. Sparhawk
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