The Council shall consist of seven members elected at large in the manner provided in Article
V, Chapter
1 of this Charter. Effective beginning the General Election of 2024, Town Councilors shall be elected to staggered terms as follows: The top four vote earning members will serve for four years, the following three vote earning members will serve for two years. No Town Councilor will be able to serve for more than eight consecutive years.
Members of the Council shall be qualified electors of the Town
and shall hold no other paid public employment in the service of the
Town. Any person serving as a member of the Rhode Island General Assembly
shall not be permitted to serve as a member of the Council. If a Councilman
shall cease to possess any of these qualifications or shall be convicted
of a crime involving moral turpitude, his office shall immediately
become vacant. No member of the Council shall vote on any proposition
through which the member, or an immediate family member, directly or indirectly could personally benefit. No member
of the Council shall be appointed to any paid public office of the
Town during his tenure on the Council or for a period of one year
thereafter.
The Rhode Island Code of Ethics, which contains both regulations
adopted by the Ethics Commission and statutes passed by the General
Assembly, is hereby incorporated herein and made a part of the Charter
of the Town of Westerly by reference.
Whenever a vacancy shall occur in the membership of the Council
by death, removal out of Town, resignation, or by neglect or refusal
to qualify, or for any other cause, the next runner up from the preceding
general election shall be afforded the right to assume the office.
If none of the top three runners up assume the office and it is less
than a year since the preceding election, a special election shall
be held; or if none of the top three runners up assume the office
and it is at least a year since the preceding election, the Council
shall attempt to appoint a qualified person to the office.
The Council may determine the annual salaries of Councilors
during the annual budget process, but no increase in such salary shall
become effective until the date of commencement of the terms of Councilors
elected at the next regular election, provided that such election
follows the adoption of such budget by at least six months. Councilors
shall receive their actual and necessary expenses incurred in the
performance of their duties of office.
The Council is to be Judge of the qualifications of its members
and for such purposes shall have powers to subpoena witnesses and
require the production of records.
The Council shall, every two years, elect one of its members
as President of the Council. The Council President shall preside at
meetings of the Council and shall be recognized as head of the Town
government for all ceremonial purposes and by the Governor for purposes
of Military Law, but he shall have no administrative duties. The Council
President shall have the same right to speak and vote as any member
of the Council.
A majority of the persons elected members of any Council shall
be a quorum; and a majority of the members present at any legal meeting
may determine any matter legally before them, except as otherwise
specifically provided by this Charter.
The first meeting of a newly elected Council shall be held on
the first Monday following the certification of the election of the
majority of its members by the Board of Canvassers. The Council shall
meet regularly at least once in every month at such place or places
as the Council may prescribe. Special meetings may be held on the
call of the President of the Council or of four or more members and,
whenever practicable, upon no less than 48 hours' notice to each
member. All meetings shall be public, however, the Council may recess
for the purpose of discussing in a closed or executive session, any
matter which would tend to defame or prejudice the character or interest
of any person, provided that the general subject matter for consideration
is expressed in the motion calling for such session.
The Council shall have the power:
(a) To enact, repeal, and amend ordinances relating to the Town's
property, government and affairs, without limitations and not inconsistent
with provisions of the Charter, the State Constitution or Laws enacted
by the General Assembly in conformity with the powers reserved to
the General Assembly.
(b) To appoint the Town Manager for a definite term and to remove him
at the discretion of the Council by a vote of the majority of all
members of the Council. There shall be no right of appeal from the
decision of the Council.
(c) To enact, repeal, and amend Zoning Ordinances.
(d) To adopt rules governing the conduct of its meeting and appoint regular,
standing or special committees.
(e) To fix the amount of the bonds of all officers and employees of the
Town who in its opinion should be bonded, the premium for such bonds
to be paid by the Town.
(f) To appoint the members of such Boards and Commissions as are designated
by this Charter or may hereafter be established except that the Council
may not establish any Board or Commission which shall interfere with
or encroach upon the administrative powers delegated to the Town Manager.
(g) To remove members of Boards and Commissions as are designated by
this Charter or may hereafter be established. Removal must be "for
cause," which anticipates a determination by the Town Council that
the actions and/or inactions of the member are inconsistent with the
Town Charter and the role and duty of the Board or Commission. Removal
for cause shall include, but not be limited to, the following:
1. Failing to meet the duties and responsibilities of the Board or Commission;
2. Chronic or habitual, unexcused absences from meetings, workshops
or other commitments of the Board or Commission;
3. Failure to identify and/or disclose associations and/or potential
conflicts at the time of the member's application and throughout
the duration of one's position on the Board or Commission, consistent
with the State Code of Ethics;
4. Failure to recuse oneself from hearing, discussion, investigation,
vote, etc., when it is, or reasonably should be clear that such recusal
is warranted due to a potential or actual conflict of interest, consistent
with the State Code of Ethics;
5. Conduct contrary to the best interest of the Town.
Board and Commission members may be removed for cause by an
affirmative vote of at least five members of the Town Council, after
a hearing at which the Board or Commission member is entitled to be
present and speak on his behalf. The hearing shall be a public meeting
if requested by the Board or Commission member. The decision of the
Town Council shall be final, and the removed Board or Commission member
shall not have a right of appeal. In removing any member of a Board
or Commission, the Town Council may rely upon its inherent powers
and duties, as specified by the Charter, or as otherwise provided
by law, which may include an investigation as referred to in § 2-1-12
of this Charter.
|
(h) To have the powers and authority conferred upon it by the General
Laws and applicable special Laws concerning the speed, management
and control of all vessels on the public waters within the confines
of the Town and to regulate the size, type, location and use of all
anchorages and moorings within the waters or harbors of the Town,
provided, nevertheless, that the harbor master and deputy harbor masters
as shall be deemed necessary shall be appointed by the Town Manager.
(i)
1. To authorize the issuance of tax anticipation notes by resolution,
to the extent permitted by Law.
2. To authorize the issuance of bonds or notes by resolution, to the
extent permitted by Law, but no bonds shall go to referendum unless
there be a financial impact statement provided by the Town finance
department and published by the Town in a newspaper having general
circulation in the Town and on the Town's publicly accessible
website, not later than 30 days prior to approval, and no bonds shall
be issued unless approved by a majority of the electors voting, who
are qualified to vote on financial matters of the Town, at any general
or special election to be held at such polling place or places as
may be designated by the Board of Canvassers.
(j) To determine and fix during the annual budget approval process, in
accordance with a position classification plan, the compensation of
the Town Manager and all officers and employees of the Town, except
the employees of the School Department.
The Council shall use all reasonable diligence to secure a qualified
Town Manager as soon as possible after this Charter shall come into
effect and in like manner whenever a vacancy shall occur.
The Town Council shall engage in the competitive bidding process
set forth in the Rhode Island General Laws and seek proposals for
an independent audit of the financial transactions and related documents
of the Town annually, at the close of the preceding fiscal year, to
be conducted by a certified public accountant holding a certificate
from the state and having no personal interest in the financial transactions
of the Town. Such examinations shall conform with generally accepted
auditing standards and shall include all procedures necessary for
the auditors to express an informed opinion of the financial practices
and accounts. Once accepted by the Town Council, a copy of the audit
report shall be filed with the Town clerk and shall be a public record.
The Town will comply with the standards set forth by the Office of
the Auditor General which includes, but is not limited to, financial
statement timeline and filing dates, competitive bidding requirements
and Request for Proposal materials.
The Council may make investigations into the affairs of the
Town and the conduct of any Town department, officers or agency and
for this purpose may hold public hearings, subpoena witnesses, administer
oaths, take testimony and require the production of documents or other
evidence.