A.
This Charter may be amended at any time or a new Charter
adopted at any time in the manner provided by the Constitution of
the state. Should two or more amendments adopted at the same time
have conflicting provisions, the one receiving the largest affirmative
vote shall prevail.
B.
The sections of any amendment added to this Charter
shall be appropriately numbered by the Town Clerk and inserted in
their appropriate places.
C.
It shall not be necessary for the full text of the
Charter or of amendments to the Charter to be printed on the ballot.
Any digest or description of amendments 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 electors, the Town Council shall approve the
statement of the question as it shall appear on the ballot. A copy
of the full text of the Charter or amendments shall be posted in each
polling place and any other places designated by the Board of Canvassers.
[Amended 11-7-2000]
The provisions of this Charter shall be liberally
construed in favor of the Town. The powers of local self-government
shall include not only those granted in express terms but also those
not inconsistent with or prohibited by the Constitution of the state.
If any section or part of a section of this
Charter is found invalid by a court of competent jurisdiction, that
holding shall not affect the remainder of this Charter nor the context
in which the section or part of the section found invalid appears,
except to the extent that an entire section or part of a section is
inseparably connected in meaning and effect with the section or part
of a section found invalid. If any section or part of a section pertaining
to election procedures is held invalid by a court, the pertinent election
procedures set forth in the laws of the state shall apply.
To the extent that any specific provision contained
in this Charter shall conflict with any provision expressed in general
terms, the specific provision shall prevail.
[Amended 11-7-2000; 11-4-2014]
The Council may provide for the printing, publication
and distribution of the Charter and, at its discretion, may require
that a reasonable charge be made for copies. The Council shall provide
a copy of the Charter to every Town officer and department head without
charge or provide electronic access to it, and a printed copy or electronic
access to the Charter will be made available upon request to employees
within a reasonable amount of time.
Any powers, duties or 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.
Every officer of the Town shall, before entering
upon the duties of his or her office, take and subscribe to the following
oath or affirmation, to be filed and kept in the office of the Town
Clerk: "I solemnly swear (or affirm) that I will support the Constitution
and obey the laws of the United States of America and of the State
of Rhode Island; that I will, in all respects, observe the provisions
of the Charter and ordinances of the Town of East Greenwich, and will
faithfully discharge the duties of the office of . . . ."
[Amended 11-7-2000]
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 likewise require such
a bond from other officials and employees as the Council may deem
advisable or as required by law. The premiums on such bonds, except
for auctioneers, shall be paid for by the Town unless provided otherwise.
[Amended 11-7-2000]
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 Council shall be concurrent
with the term of the Council and until their successor has been qualified
unless otherwise stated in the Charter or by ordinance.
[Amended 11-2-2004]
All elected officers of the Town shall be qualified
electors of the Town and shall be qualified as provided for by this
Charter; and if any elected officer of the Town ceases to be a resident
of the Town, the office held by that person shall become vacant. An
elected officer of the Town can only serve 12 consecutive years as
an East Greenwich elected official, after which the elected official
cannot seek elected office for two years. This shall apply to all
elected officials in office as of January 1, 2005, and will take into
account their past service as an elected official, but will permit
them to finish their current term if they have as of that date served
12 or more consecutive years.
[Amended 11-7-2000; 11-2-2004]
At least annually, every appointed board, commission
and committee of the Town shall adopt rules not in conflict with state
law or this Charter with regard to conduct of meetings, attendance
and election of officers. Every board or commission shall have rules
providing for the election of a chair, vice chair and a secretary,
and each election will occur at the commencement of the Town fiscal
year.
No person shall be appointed to any board, commission
or committee of the Town unless he or she is a qualified elector of
the Town and a resident actually living in the Town, except as otherwise
provided by the state law and by this Charter, and if any appointed
member of any board, commission or committee ceases to meet such qualifications,
the position held shall become vacant.
[Added 11-2-2004]
A person may serve on any board or commission
for a total of three terms or 10 years, whichever is less, even if
the person serves on two or more different boards or commissions.
After three terms or 10 years, whichever is less, the board or commission
member cannot serve on any board or commission for two years. However,
effective January 1, 2005, every current member of a board or commission
may be reappointed to one term, at the expiration of their current
term, regardless of their years of service. Upcoming openings, vacancies
and/or reappointments shall be advertised. If no one applies for the
position, the term limit of the member whose term is expiring does
not apply for one additional term and that person can be reappointed.
Every board or commission shall have a defined term of service that
is not less than three years, unless otherwise stated in the Charter,
by ordinance, or by state law. These provisions do not apply to alternates
or to ad hoc boards or commissions.
[Amended 11-3-1992; 11-7-2000]
A.
No elected or appointed member of the Town government
shall hold more than one elective or appointive position in the Town
government, with the exception of ad hoc or study commissions, at
the same time. No elected member of the Town government shall, at
the same time, hold any position by virtue of an appointment by the
Town Council or the Town Manager.
B.
No employee of the Town shall hold an elective office
in the Town government while he or she is employed by the Town.
A.
Contracts.
(1)
No member of the Town Council, School Committee, nor
the Town Manager, nor any officer or employee of the Town shall (a)
make a contract with the Town (with the exception of his or her own
contract of employment), or (b) receive any commission, discount,
bonus, gift, contribution, or award from, or any share in, the profits
of any person making or performing such contract unless:
(a)
The person concerned is a member of the Council or
the Town Manager, then he or she shall immediately, upon learning
of the existence of such contract or that such contract is proposed,
notify the Council in writing of the nature of his or her interest
in such contract;
(b)
The person is a member of the School Committee or
an officer or employee of the School Department, then he or she shall
immediately, upon learning of the existence of such contract or that
such contract is proposed, notify the School Committee in writing
of the nature of his or her interest in such contract; and
(c)
The person is some other officer or employee of the
Town, then he or she shall immediately, upon learning of the existence
of such contract or that such contract is proposed, notify the Town
Manager in writing of the nature of his or her interest in such contract;
and
(2)
In each case listed above, he or she shall also abstain
from doing any official act on behalf of the Town or of the other
contracting party with reference thereto; provided, however, that
when a contractor with the Town is a corporation or a voluntary stock
association, the ownership of less than 5% of the stock or shares
actually issued shall not be considered as involving an interest in
the contract within the meaning of this section, and ownership of
under 5% shall not affect the validity of the contract unless the
owner of the stock or agent of the corporation or association solicits
or takes part in making the contract.
B.
No Town officer or employee shall accept any gratuity
or thing of value from any person who has business with the Town or
whose intent is to influence that officer or employee in the performance
of his or her official duties. No Town officer or employee of the
Town shall sell, give or loan equipment, property or supplies belonging
to the Town, or allow any such equipment, property or supplies to
be sold, given or loaned, to any person or organization without authorization
in writing from the Town Manager.
C.
Every Town officer or employee who willfully violates
the requirements of this section shall be guilty of malfeasance in
office or position, shall forfeit his or her office or position, and
he or she shall, in addition, be guilty of a misdemeanor and, further,
to the extent that the Town suffers financial loss thereby, be required
to make restitution to the Town to the full extent of the financial
loss.
[Amended 11-4-2014]
D.
Any resident of the Town or other interested citizen
may instigate an inquiry into a possible conflict of interest violation.
An investigation may be instigated by presenting a written statement
of an alleged violation to the Town Manager, Town Solicitor, or any
member of the Town Council.
E.
The Town Council shall provide by ordinance appropriate
procedures for the implementation of the provisions of this section
which shall adequately protect the rights of the Town and the rights
to a fair hearing of any person accused hereunder.
[Amended 11-4-2014]
[Amended 11-7-2000]
Any elected officer of the Town convicted of
a crime which is a felony or involving malfeasance, misfeasance or
nonfeasance in office shall be required to vacate his/her office.
All paid personnel holding office or employment
in Town government, other than elected office, shall be required to
engage in the actual work of their employment during regular business
hours to the extent that their services may be necessary for the complete
discharge of their duties. The Town Council, upon recommendation of
the Town Manager, shall determine which employees of the Town shall
not be required to devote their full time to their duties, except
as provided by the Charter.
[Amended 11-7-2000]
At the end of every fiscal year, each department
and agency head of the Town shall prepare an inventory of all equipment
and supplies under his or her jurisdiction to be submitted to the
Town Manager for transmission to the Town Council. The inventories
shall be public records with copies available for public inspection
at the Town Hall.
[Amended 11-7-2000; 11-4-2014]
Unless and as otherwise provided by the Charter
or by the laws of the state, all records and accounts of every office,
department or agency of the Town, including the School Department,
shall be open to any person 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 and except as otherwise provided by
this Charter. Any person inspecting public records shall be permitted
to make copies and abstracts thereof.
