TITLE 2 ADMINISTRATION, DEPARTMENTS AND PERSONNEL
2.12 Police Department.
2.13 Department of Public Works.
2.16 Records and Grant Requests.
2.20 Personnel.
2.24 Repealed.
2.26 Water Department.
2.28 Repealed.
2.30 Purchasing.
2.40 Recreation Department.
2.42 Planning Department.
2.44 Building and Zoning Department.
2.46 Appointed officials.
2.12.010 Membership – Requirements.
2.12.020 Reserve officers – Terms of office.
2.12.030 Number of members.
2.12.040 Oath of office.
2.12.050 Chief of police.
2.12.060 Administration and discipline.
2.12.070 Duties and responsibilities.
2.12.080 Permanent officers – Powers and authority.
2.12.090 Disciplinary action, demotion, or dismissal.
2.12.010 Membership – Requirements.
A. All full time members of the police department shall meet the requirements established by
B. Every full-time police officer and reserve police officer shall:
1. Be a citizen of the
2. Be at least twenty-one years of age;
3. Be a resident of Rhode Island, or reside within a thirty-mile radius of town hall;
4. Pass a psychological test;
5. Satisfy state requirements for handgun qualification;
6. Satisfy the physical fitness standards established by the municipal police academy.
C. Full time officers shall graduate from the municipal police academy or a training facility recognized by the municipal police academy.
(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 1-7-14)
2.12.020 Reserve officers – Terms of office. All reserve officers shall hold office for one year terms commencing in January.
(Ord. dated 10-6-75 § 2; Ord. dated 4-16-91 (part); Ord. dated 12-6-05)
2.12.030 Number of members. The town council may from time to time determine the number of members of the police force, and the town council may diminish or increase the number of the police officers whenever, and as often as, the electors of the town qualified to vote on any proposition to impose a tax or for the expenditure of money shall at an annual financial town meeting vote that the number of police officers be increased or diminished, and shall appropriate the necessary funds therefore. All police officers below the rank of chief shall be appointed or promoted by the town council upon the recommendation of the police chief.
(Ord. dated 10-6-75 § 3; Ord. dated 12-6-05; Ord. dated 12-1-09)
2.12.040 Oath of office. New members of the police force shall take the following oath (or make the following affirmation):
I do solemnly swear (or affirm) that I will defend, enforce, and obey the Constitution and laws of the United States, the Constitution and laws of the State of Rhode Island, and the Charter and Ordinances of the Town of Richmond, and that I will fairly and equitably protect the rights, lives, and property of all citizens and uphold the honor of the profession of law enforcement officer.
(Ord, dated 2-3-15)
2.12.050 Chief of police. The chief of police shall be appointed by the town council. The chief of police shall have at least five years of supervisory or administrative experience in law enforcement.
(Ord. dated 12-1-09)
2.12.060 Administration and discipline. The chief of police shall be the chief executive officer for the police department, and shall be responsible for the administration and discipline for the department, subject to the direction of the town council. The chief of police shall promulgate rules and regulations for the conduct of all members of the department.
(Ord. dated 10-6-75, § 4; Ord. dated 12-1-09)
2.12.070 Duties and responsibilities. The chief of police, together with all other members of the police force, shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights and property of persons, and enforcement of the ordinances of the town and the laws of the state. The police chief and other members of the department shall have all the powers and duties now or hereafter conferred by the laws of the state and the ordinances of the town.
(Ord. dated 10-6-75 § 5; Ord. dated 12-6-05; Ord. dated 12-1-09)
2.12.080 Permanent officers – Powers and authority. The chief of police, deputy chief of police, captain and lieutenant and other full time officers of the police force, shall have the power and authority conferred by law upon police constables, but shall not be required to give bond, nor shall they be authorized to give service in civil actions, and every such officer in execution of this office may command all necessary aid and assistance in the execution of the office, and every person who, when so required, refuses or neglects to give such aid and assistance shall be fined not exceeding twenty dollars.
(Ord. dated 10-6-75 § 6; Ord. dated 12-6-05; Ord. dated 12-1-09)
2.12.090 Disciplinary action, demotion, or dismissal. Disciplinary measures directed at any full-time police officer below the rank of chief, including but not limited to demotion or dismissal, shall comply with title 42, chapter 28.6 of the general laws, as amended, also known as the law enforcement officers’ bill of rights.
(Ord. dated 12-6-05; Ord. dated 12-1-09)
REFERENCES
Charter Art. 5 § 2.H; title 42, chapter 28.6 of the general laws.
2.13.010 Duties and responsibilities.
2.13.020 Director.
2.13.030 Department divisions.
2.13.040 Tree warden.
2.13.010 Duties and responsibilities. The department of public works shall be responsible for maintenance and repair of the town’s public streets, bridges, buildings, and infrastructure, for the enforcement of stormwater system protection ordinance, for the maintenance and repair of vehicles and equipment, for the issuance of road construction permits, for the operation of the solid waste transfer station, and for such other duties as the town council shall direct from time to time.
(Ord. dated 3-20-89; Ord. dated 12-1-09; Ord. dated 9-7-10; Ord. dated 8-17-21)
2.13.020 Director. The director of the department of public works shall be responsible for the efficient operation of all the activities of the department and shall carry out the administrative duties assigned by this Code. The director shall be appointed by the town council.
(Ord. dated 8-17-21)
2.13.030 Department divisions. There shall be two divisions within the department.
A. The division of buildings and grounds shall be responsible for maintaining town-owned buildings and their grounds; maintaining town parks; maintaining town streets; and maintaining stormwater management systems located in and adjacent to town street rights of way.
B. The division of maintenance and operations shall be responsible for maintaining and repairing department vehicles and equipment, and for operating the solid waste transfer station.
C. Each division shall be headed by a superintendent. Both superintendents shall have the authority to exercise the director’s powers in his or her absence.
(Ord. dated 8-17-21)
2.13.040 Tree warden. Annually the town council shall appoint a tree warden to a term ending on January 31. The tree warden shall be a licensed arborist. The tree warden shall be responsible for maintenance of trees and bushes in town rights of way and on other property owned by the town. The public works director shall coordinate the activities of the tree warden.
(Ord. dated 12-1-09; Ord. dated 8-17-21)
REFERENCES
Charter Art. 5 § 2.A; title 2, chapter 14 of the general laws, Code ch. 8.06 (stormwater system protection), ch. 8.18 (recycling and solid waste disposal), ch. 12.16 (road excavation), ch. 12.18 (protection of trees on town property), Code § 12.14.030 (acceptance of streets into highway system).
2.16.010 Records to be kept in town hall.
2.16.015 Records retention schedule.
2.16.020 Grant approval and documentation.
2.16.010 Records to be kept in town hall. All departments, agencies, committees, boards, and commissions shall keep their records in the town hall or in another town facility.
(Ord. dated 11-6-78, § 1; Ord. dated 12-6-05; Ord. dated 2-16-10)
2.16.015 Records retention schedule.
A. The town council herewith formally adopts for usage by the town and all its municipal departments, department heads and town officials, the records retention schedule promulgated by the Rhode Island local government records program of the state archives, a division of the secretary of state, and amendments thereto as may from time to time be promulgated.
B. The town, its municipal departments, department heads and town officials shall comply with the records retention schedule and its directives regarding the retention and destruction of town and town council records. A copy of the said retention schedule and all updates shall be maintained by the town clerk, with copies distributed to all municipal departments, department heads and town officials.
(Ord. dated 3-15-94)
2.16.020 Grant approval and documentation.
A. The town council shall approve all applications for grants by all town departments, agencies, committees, boards, and commissions before the application is submitted to the funding agency.
B. All town departments, agencies, committees, boards, or commissions receiving a grant shall provide to the finance department copies of all grant documents, including but not limited to the following:
1. The grant application and all supporting documents.
2. The executed grant agreement, including any budget approved by the funding source.
3. The reimbursement application, including supporting documentation, submitted to the funding source.
4. All documents related to the completion and audit of the project or activity for which the grant was received.
5. The budget for the project or activity being funded, in a format compatible with the finance department’s accounting system.
(Ord. dated 11-6-78; § 2; Ord. dated 12-2-09; Ord. dated 2-16-10)
REFERENCES
Title 38 of the general laws; R.I. Gen. Laws § 42-127.1-12.
2.20.010 Policy.
2.20.020 Definitions.
2.20.030 Applicability.
2.20.040 Appointment, probation and layoff.
2.20.050 Working hours and attendance.
2.20.060 Benefits.
2.20.070 Overtime pay, compensatory time off.
2.20.080 Holidays.
2.20.090 Vacations.
2.20.100 Absence from work.
2.20.110 Responsibility, discipline and complaint procedure.
2.20.120 General provisions.
2.20.010 Policy.
A. It is the policy of the town:
1. To hire, compensate, assign, and promote employees without regard to race or color, religion, political affiliation, sex, sexual orientation, gender identity or expression, age, country of ancestral origin, or disability as that term is defined by R.I. Gen. Laws § 42-87-1;
2. To reasonably accommodate any employee's disability unless to do so would impose a hardship with respect to the administration of town business; and
3. To promptly investigate any complaint by an employee alleging harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression, or country of ancestral origin.
4. To make information about vacancies in paid and unpaid Town positions available to the public by posting such information on the Town website and disseminating such information in any other manner the town administrator finds appropriate unless the town administrator determines that posting such information will not assist in attracting the most qualified candidates for the position.
B. In furtherance of that policy, this chapter is adopted:
1. To establish a system of personnel administration that will provide for the efficient administration of town business;
2. To govern appointment, promotion, transfer, layoff, voluntary and involuntary termination and all other personnel activities on the basis of merit and fitness.
(Ord. dated 7-16-84 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 7-20-21)
REFERENCES
R.I. Gen. Laws §28-5-1 through 5; title 28, chapter 5.1 of the general laws; R.I. Gen. Laws § 28-6-18; title 28, chapter 51 of the general laws; title 42, chapter 87 of the general laws.
2.20.020 Definitions. The words and phrases below shall have the following meaning when used in this Chapter.
Full-time employee. A full-time employee is one who works year-round for a minimum of thirty hours a week.
Hourly employee. An hourly employee is one who is paid by the hour.
Immediate family member. An employee’s immediate family includes a spouse; a domestic partner, as that term is defined in R.I. Gen. Laws § 36-12-1(3); a child, including a foster child; a mother; a stepmother; a father; a stepfather; a brother; a step-brother; a sister; a step-sister; a step-child; a grandmother; a grandfather; a grandchild; a mother-in-law; and a father-in-law. A person related by blood or marriage to the employee who lives permanently in the employee’s household is a member of the employee’s immediate family.
Part-time employee. A part-time employee is one who works year-round fewer than thirty hours a week.
Salaried employee. A salaried employee is a supervisory employee who is paid a fixed salary.
Seasonal employee. A seasonal employee is one who works forty or fewer hours a week for a specified number of weeks, rather than year-round.
Stipend employee. A stipend employee is one who is paid a fixed amount and is not an independent contractor.
(Ord. dated 4-2-19)
2.20.030 Applicability. The provisions of this Chapter shall apply to all town employees unless otherwise specified; except that the provisions of this Chapter shall not apply when they are inconsistent with a written employment agreement, state or federal law, or with a collective bargaining agreement. The town council may from time to time promulgate regulations to implement this Chapter.
(Ord. dated 7-16-84 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 9-18-18; Ord. dated 4-2-19)
2.20.040 Appointment, probation and layoff.
A. Employees shall be hired on the basis of their qualifications for the job. Preference shall be given to former employees with a good records of service with the town who have been laid off due to lack of work. Hiring shall be based on merit. Employees shall be hired in compliance with Article 3, Section 4(C) of the Richmond home rule charter.
B. The town administrator shall give each newly-hired employee a letter of employment that designates the position and states the date on which employment is to begin and the salary, stipend, or rate of pay. The letter shall state that the first six months of employment shall be probationary. Any other conditions of employment known at the time of employment including, if applicable, the duration of employment, shall be included in the letter.
C. Probation.
1. The regular period of probation shall be six months; provided, however, that a longer or shorter period of probation may apply to certain designated job classes. The town administrator may extend the probation period in individual cases. No probationary period shall exceed twelve months.
2. The department head or supervisor may conduct an informal oral evaluation after three months of employment, and shall prepare a written evaluation after six months.
3. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below satisfactory standards, the town council may terminate, or the town administrator, upon the recommendation of the supervisor or department head, may suspend or demote the probationer at any time during the probationary period. An employee shall be retained beyond the end of the probationary period and granted permanent status only if the supervisor or department head determines that the service of the employee has been satisfactory and recommends to the town administrator in writing that the employee be given permanent status.
4. A probationary employee who has obtained employment by fraud or deception, or has made false statements in his or her application, shall be terminated.
D. Permanent Status.
1. Upon satisfactory completion of a probationary period, an employee shall have permanent status. The town administrator or his or her designee shall notify the employee in writing of his or her change in status from probationary to permanent.
2. The town council shall determine the salary of every employee by establishment of pay grades, salaries, or stipends or by approval of collective bargaining agreements.
(Ord. dated 7-16-84 (part); Ord. dated 12-3-91 (part); Ord. dated 6-17-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 9-18-18; Ord. dated 4-2-19; Ord. dated 7-20-21)
E. Layoff. The town council may lay off employees when necessary due to changes in duties, reorganization, or lack of work or funds. When possible, employees who are laid off in one department will be offered available positions in other departments. When layoffs are required, they shall be based on merit and seniority. A layoff shall not be considered a disciplinary action. Employees shall receive written notice of layoff at least ten days before the last day of employment.
(Ord. dated 12-6-05; Ord. dated 12-1-09)
2.20.050 Working hours and attendance.
A. The town council shall determine the regular hours during which town offices and departments shall be open for business.
B. Time taken by employees for lunch breaks shall be unpaid; provided, however, that upon recommendation by the supervisor or department head and approval by the town administrator, an hourly employee who must remain at his or her desk or post during his or her lunch break due to the nature of his or her job or because of an emergency shall be paid for the lunch break.
C. Employees shall be at their places of work during their assigned hours of work. All departments shall maintain daily employee attendance records and shall submit the forms to the finance department at the end of each payroll period.
D. Employees who work fewer than five days a week shall not be scheduled to work on Mondays. Where a supervisor or department head determines that his or her department requires employees who work fewer than five days a week to be scheduled on a Monday, he or she shall obtain the prior approval of the town administrator.
(Ord. dated 7-16-84 (part); Ord. dated 10-20-86; Ord. dated 12-3-91 (part); Ord. dated 6-18-96; Ord. dated 6-17-97 (part); Ord. dated 3-20-01; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 9-18-18; Ord. dated 4-2-19)
2.20.060 Benefits. The number of hours an employee is regularly scheduled to work and his or her employment status shall determine entitlement to benefits.
A. Full-time employees are entitled to the vacation, sick leave, and other benefits described in Sections 2.20.090 and 2.20.100 of this Chapter. Part-time employees who work twenty or more hours a week are entitled to the vacation, sick leave, and other benefits described in Sections 2.20.090 and 2.20.100 of this Chapter in proportion to the number of hours a week they work.
B. Full-time employees and part-time employees who work twenty or more hours a week are entitled to individual, two-party, or family health insurance coverage, provided that they pay a percentage of the cost. The percentage employees must pay is determined during adoption of the municipal budget for the next fiscal year. Health insurance coverage begins on the first day of the first full month in which the employee is employed, and terminates on the last day of the last month in which the employee is employed.
C. Part-time employees who work fewer than twenty hours a week, seasonal employees, and stipend employees are not entitled to benefits.
D. Employees who are entitled to health insurance coverage may waive coverage in exchange for a “buy-back” payment of sixteen percent of the annual net cost of that coverage to the Town. “Buy-back” payments are made in June and December, and are proportional to the number of months of coverage waived during June or December and the preceding five months.
2.20.070 Overtime pay, compensatory time off.
A. No hourly employee shall work more than his or her regularly-scheduled number of hours per week without the approval of the department head.
B. An hourly employee shall be paid at his or her regular hourly rate for each hour of work up to forty hours, and one and one-half times his or her regular hourly rate for each hour of work in excess of forty hours.
C. An hourly employee who works more than the number of his or her regularly-scheduled hours in a week may request compensatory time off instead of pay. The employee's department head may approve a request for compensatory time if the time can be taken without impeding the operation of the department. If compensatory time is approved, it shall be granted at the following rates: For forty or fewer hours of work in one week, one hour for each hour of work, and for forty-one or more hours of work in one week, one and one-half hour for each hour of work. Compensatory time shall be taken during the fiscal year in which it was earned.
(Ord. dated 9-18-18; Ord. dated 4-2-19)
2.20.080 Holidays.
A. The following days shall be official holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth National Freedom Day, Independence Day, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, the day before Christmas Day, and Christmas Day.
B. If New Year’s Day, Independence Day, Veterans Day, or Christmas Day falls on a Saturday or Sunday, employees who regularly work only on weekdays shall observe the holiday on the following Monday.
C. An hourly employee who is absent without authorization on a working day that immediately precedes or immediately follows a holiday shall not be paid for the day he or she is absent without authorization and shall not be paid for the holiday.
D. An hourly employee who wishes to observe a religious holiday other than those listed in section A. above may at his or her option receive time off without pay, may have the time charged to his or her vacation time, or may ask the town administrator to authorize a day off with pay.
E. If a holiday falls on a day an hourly employee is not regularly scheduled to work, the employee shall not be entitled to holiday pay or compensatory time off for that holiday.
F. An hourly employee who is required to work on an official holiday shall be paid at one and one-half times his or her regular rate of pay or may request compensatory time off equal to one and one-half the number of holiday hours worked. The department head or supervisor may approve a request for compensatory time if the time can be taken without impeding the operation of the department. An hourly employee who is scheduled to work on an official holiday may use a vacation day on the holiday with the approval of his or her department head or supervisor.
(Ord. dated 7-16-84 (part); Ord. dated 10-20-86; Ord. dated 12-3-91 (part); Ord. dated 6-18-96; Ord. dated 6-17-97 (part); Ord. dated 3-20-01; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 2-2-10; Ord. dated 8-15-17; Ord. dated 9-18-18; Ord. dated 2-5-19; Ord. dated 4-2-19; Ord. dated 10-17-23)
REFERENCES
Title 25 and Title 28, chapter 12 of the general laws.
2.20.090 Vacations.
A. Hourly employees who are regularly scheduled to work at least twenty hours a week are entitled to the following number of paid vacation hours:
| Length of employment | Number of hours |
| One year | The number of hours the employee is regularly scheduled to work in one week. |
| Two years | The number of hours the employee is regularly scheduled to work in two weeks. |
| Five years | The number of hours the employee is regularly scheduled to work in three weeks. |
| Ten years | The number of hours the employee is regularly scheduled to work in four weeks. |
B. Employees are entitled to take vacation time only after they have been continuously employed for one year. Vacation time earned during each year of employment is not considered accrued until the end of the year in which it was earned, and cannot be taken until the year after it was earned.
C. Employees should take vacation time during the 365 days after the date it accrued. Vacation time may be carried over to the next year, but cannot be carried over longer than 730 days from the date it accrued.
D. Employees shall give supervisors or department directors at least a one-month notice of their preferred vacation dates. Supervisors or department heads will schedule vacation time in a manner that will not impede operation of the department. The town administrator shall approve the vacation time of each department head and supervisor.
E. Vacation pay shall be based on an employee’s regular pay rate.
F. The town council shall determine the date each salaried employee is eligible to take vacation time, and the annual amount of vacation time, at the time the employee is hired, based on the employee’s position and professional experience. Salaried employees shall give the town administrator at least a one-month notice of their preferred vacation time.
G. An hourly employee who has been continuously employed for one year or more and who voluntarily leaves town employment shall be paid for accrued unused vacation time.
(Ord. dated 7-16-84 (part); Ord. dated 10-20-86; Ord. dated 12-3-91 (part); Ord. dated 6-18-96; Ord. dated 6-17-97 (part); Ord. dated 3-20-01; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 2-2-10; Ord. dated 9-18-18; Ord. dated 4-2-19)
2.20.100 Absence from work.
A. Employees are entitled to the following sick leave:
1. Employees who are regularly scheduled to work at least twenty hours a week, except police officers covered by title 45, chapter 19 of the general laws, shall be entitled each month to sick leave equivalent to the number of regularly-scheduled work hours in one day. The number of hours of sick time accrued in each calendar year shall not exceed the number of hours in twelve regularly-scheduled work days.
2. Sick leave accrued in one year may be carried over to subsequent years, but the total amount of accrued sick leave shall not exceed the equivalent of sixty days.
3. Sick leave shall be used only for the employee’s illness, for the employee’s medical or dental appointments, or for the illness of a member of the employee’s immediate family. If an employee uses more than the equivalent of three consecutive sick days, the town administrator may require a note, signed by a physician, attesting to the illness, consultation or treatment.
4. An employee who intends to take sick leave shall notify his or her supervisor as soon as circumstances will allow. Employees shall make every effort to avoid scheduling non-emergency medical or dental appointments during working hours. If it is necessary to schedule a non-emergency medical or dental appointment during working hours, the employee shall schedule the appointment for a time when his or her absence will least impede operation of the department, and shall immediately notify his or her supervisor of the date and time of the appointment. An employee’s department director or supervisor shall have the right to require the employee to provide written documentation (in the form of an appointment card or otherwise) of the date and time of any medical or dental appointment.
B. Employees who are required to serve as jurors or who are subpoenaed to testify on behalf of the town in a court or another tribunal shall receive their regular pay during their absence, minus any juror fee or witness fee received.
C. Full-time employees continuously employed for one year shall be entitled to the equivalent of thirteen consecutive regularly-scheduled work weeks of parental or family leave in every two calendar years, as provided by title 28, chapter 48 of the general laws. The employee shall give notice of the dates the leave will begin and end at least thirty days in advance or, if that is not possble, as soon as circumstances will allow. The town administrator may require the employee to provide written certification from a treating physician. The leave shall be without pay. The town council may, at its discretion, approve leaves of absence in excess of thirteen consecutive weeks in two calendar years.
D. Any part-time employee requesting a leave of absence, or any full-time employee requesting a leave of absence for a reason other than those provided in title 28, chapter 48 of the general laws, shall request such a leave, in writing, for a specific period of time. Any such leave must be approved by the town administrator. The leave shall be without pay.
E. While on annual reserve military training, employees shall receive the difference between their regular hourly pay and the pay received for military service. The re-employment of current or former servicemen and servicewomen is governed by federal law.
F. An employee who has been continuously employed for one year is entitled to receive the following paid bereavement leave:
1. For the death of a member of the employee’s immediate family, three days of time off. Each day shall be equivalent to the number of hours that employee was regularly scheduled to work in one day during the previous 365-day period.
2. For the death of the employee’s aunt, great-aunt, uncle, great-uncle, or first cousin, one day of time off. The day shall be equivalent to the number of hours the employee was regularly scheduled to work in one day during the previous 365-day period.
G. An employee who has been continuously employed for one year and is the parent, foster parent, or guardian of a school-age child, is entitled to receive ten hours of leave in each calendar year to attend teacher conferences and other education-related events or consultations, as provided by R.I. Gen. Laws § 28-48-12. The employee must give his or her supervisor twenty-four hours notice before taking such leave, and if possible shall schedule conferences or consultations for a time when his or her absence will least impede operation of the department. The leave shall be without pay, but an employee is permitted to use sick time or accrued vacation time for this purpose.
H. An employee who is absent from work without authorization or justification may be dismissed. An employee who has been absent from work without authorization or justification for three days or longer shall be considered to have voluntarily left town employment.
(Ord. dated 7-16-84 (part); Ord. dated 10-20-86; Ord. dated 12-3-91 (part); Ord. dated 6-18-96; Ord. dated 6-17-97 (part); Ord. dated 3-20-01; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 2-2-10; Ord. dated 9-18-18; Ord. dated 2-5-19; Ord. dated 4-2-19)
REFERENCES
Title 28, chapter 48 of the general laws; title 45, chapter 19 of the general laws.
2.20.110 Responsibility, discipline and complaint procedure.
A. It shall be the duty of each employee to maintain high standards of cooperation, efficiency and economy in his or her work for the town. When work habits, attitude, production or personal conduct of an employee falls below a desirable standard, supervisors should point out deficiencies at the time they are observed. Warning in sufficient time for improvement should precede formal discipline, but nothing in this section shall prevent immediate formal action whenever the interests of the town require it.
B. The town administrator may, for just cause, suspend an employee without pay for any length of time up to thirty days in one calendar year. The town administrator shall immediately notify the town council of any such suspension. An employee who is suspended shall be given written notice of the reason(s) for the suspension and shall be entitled to a timely hearing before the town council at which the employee has an opportunity to present evidence on his or her own behalf.
C. The town council may dismiss an employee for just cause. An employee who is dismissed shall be given written notice of the reason(s) for the dismissal and shall be entitled to a pre-termination hearing before the town council at which the employee has an opportunity to present evidence on his or her own behalf.
(Ord. dated 12-6-05; Ord. dated 12-1-09)
2.20.120 General provisions.
A. Town employees and town elected and appointed officials may inspect an employee’s personnel records only if there is a legitimate need to do so; provided, however, that each employee is entitled to inspect his or her own personnel records.
B. Each employee shall observe the following safety provisions:
1. Each employee shall take every precaution in the prevention of accidents to himself or herself, to his or her fellow employees and to the public. All drivers of motor vehicles owned or used by the town shall be responsible for the safe operation of such motor vehicles and shall be required to obey all traffic laws.
2. It shall be the responsibility of each operator of motor equipment, heavy or light, to report to his or her supervisor any defect in the mechanical equipment as soon as the defect is known, and to use every precaution to prevent additional property loss, expense or reoccurrence of such conditions. Operators of all motorized equipment used in the service of the town who violate this provision will be subject to disciplinary action if upon investigation by the town administrator it is determined that the employee is responsible for such action or through carelessness or recklessness contributed to the cause of an accident.
3. All employees whose duties require the operation of office equipment, machinery or tools of any kind or nature shall use every precaution to prevent accidents and shall be chargeable with the responsibility for the proper operation of all equipment that is used in the normal course of their duties.
(Ord. dated 7-16-84 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 4-2-19)
REFERENCES
Title 28, chapter 6.4 of the general laws.
2.26.010 Purpose.
2.26.020 Director.
2.26.030 Responsibilities.
2.26.010 Purpose. The water department shall operate, maintain, and administer the town’s public water transmission and distribution system.
(Ord. dated 12-1-09)
2.26.020 Director. The department shall be headed by a director who shall hold a operator’s certificate of competency issued by the state department of health appropriate to the type and grade of the water supply system, or by a qualified independent contractor.
(Ord. dated 12-1-09; Ord. dated 6-6-17)
2.26.030 Responsibilities. The department shall be responsible for:
A. The daily operation of the water system;
B. Maintenance of water system infrastructure;
C. Preparation of rules and regulations, including but not limited to rules governing standards and procedures for connection to the system, extension of service, installation and connection of fire hydrants, and conditions of service and restrictions on water use, for review and adoption by the town council;
D. Recommendations regarding water rates to be set by the town council;
E. Submission of an annual budget request to the board of finance; and
F. Preparation of a ten-year capital improvement plan for review and adoption by the town council.
(Ord. dated 12-1-09)
REFERENCES
Charter Art. 5 § 2.D; Title 23, chapter 65 of the general laws; Code ch. 13.04.
2.30.010 Purpose.
2.30.020 Purchasing officer.
2.30.030 Purchases of less than $500.
2.30.040 Purchases of less than $1,000.
2.30.050 Purchases of less than $5,000.
2.30.060 Purchases of $5,000 or more.
2.30.070 Competitive sealed bidding.
2.30.080 Negotiation after competitive bidding.
2.30.090 Competitive negotiation.
2.30.100 Master price agreements.
2.30.110 Purchases requiring town council approval.
2.30.120 Emergency purchases.
2.30.130 Sole source purchases.
2.30.140 Engineering, architecture and related professions.
2.30.150 Pre-qualified professionals in engineering, architecture, and related professions.
2.30.160 Legal and medical services.
2.30.170 Methods of procuring goods and services.
2.30.010 Purpose.
A. The purpose of this chapter is to establish procedures for the purchase of supplies, materials, services, or equipment by the town or any town department, payment for which is to be made from funds of the town.
B. It is the policy of the town to retain vendors and contractors, and to contract for the purchase of supplies, materials, services, and equipment, without regard to the race or color, religion, political affiliation, sex, sexual orientation, gender identity or expression, age, country of ancestral origin, or disability, as that term is defined by R.I. Gen. Laws § 42-87-1, of any vendor or contractor.
(Ord. dated 6-16-86 (part); Ord. dated 4-5-94; Ord. dated 12-6-05; Ord. dated 12-1-09)
2.30.020 Purchasing officer. The town administrator shall act as the purchasing officer, and in that capacity shall be responsible for carrying out the requirements of this chapter and of title 45, chapter 55 of the general laws, as amended, entitled “award of municipal contracts.”
(Ord. dated 12-6-05; Ord. dated 12-1-09)
2.30.030 Purchases of $500 or less. The purchasing officer or any department head or board, commission, or committee chair may purchase or lease supplies, services, or other items costing $500 or less without obtaining more than one price. Larger purchases shall not be divided to constitute purchases of $500 or less.
(Ord. dated 12-6-05; Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.040 Purchases of less than $1,000. The purchasing officer or any department head or board, commission, or committee chair may purchase or lease supplies, services or other items costing more than $500 but less than $1,000 after obtaining at least two price quotations in person, by telephone, or in the text of an e-mail. Purchases shall not be divided to constitute purchases of less than $1,000.
(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.050 Purchases of less than $5,000. The purchasing officer may purchase or lease supplies, services or other items costing between $1,000 and $4,999 after obtaining at least three written price quotations from qualified vendors. A document offering a price shall be delivered by mail, by facsimile, or as an attachment to an e-mail. Purchases shall not be divided to constitute purchases of less than $5,000. The purchasing officer shall keep a written record of the reason or reasons for choosing a price other than the lowest price.
(Ord. dated 11-17-15; Oed. dated 3-16-21)
2.30.060 Purchases of $5,000 or more.
The town, through the purchasing officer, shall purchase or lease supplies, services, or other items costing $5,000 or more by competitive sealed bidding or negotiation, except as provided by Sections 2.30.120, 2.30.130, and 2.30.140 of this Chapter.
(Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.070 Competitive sealed bidding.
A. A solicitation for bids shall be posted at least 14 days before the date set for opening bids. The solicitation shall be posted on the town’s website. The purchasing officer may also solicit bids from previous qualified vendors. At the discretion of the purchasing officer, the solicitation may also be advertised in a newspaper of general circulation in the state, or in a trade or specialized publication, or on a public on-line bid solicitation site such as the one maintained by the City of Newport.
B. The invitation for bids shall state that the award shall be made on the basis of the lowest responsive bid by a qualified bidder, shall include the criteria used to determine whether a bidder is qualified, and shall state that the town reserves the right to reject all bids.
C. All bids shall be submitted in a clearly-marked, sealed envelope. Bids shall be opened at a public meeting that is posted 48 hours in advance. Each bidder shall be notified of the date, time, and location of the bid opening. The purchasing officer shall prepare a document that lists the bidders and the amount of each bid. That document shall be available for public inspection after the bids are opened. The contents of every bid shall be made available for public inspection after the town accepts a bid.
D. The town shall accept the lowest responsive bid by a qualified bidder. A bid is responsive if it addresses all of the requirements stated in the bid invitation. To determine whether a bidder is qualified, the town shall consider the following factors:
1. The ability of the bidder to provide the goods or services.
2. The capacity of the bidder to provide the goods or perform the services promptly or within the time specified.
3. The character, reputation, integrity, judgment, and experience of the bidder.
4. If the bidder has provided goods or services to the town previously, the bidder’s ability to perform the agreement promptly, accurately, and in accordance with applicable law.
5. The bidder’s ability to provide maintenance or respond to inquiries or problems.
The purchasing officer shall keep a written record of the reason or reasons for awarding a contract to a bidder other than the lowest bidder.
E. The purchasing officer has the authority to cancel a solicitation for bids or a request for proposals, or recommend to the town council that all bids received be rejected, if doing so is in the best interests of the town. The purchasing officer shall keep a written record of such cancellations or bid rejections, including an explanation of the reasons for the action.
(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.080 Negotiation after sealed bidding.
A. The purchasing officer is authorized to engage in competitive negotiation to obtain a responsive bid from a qualified bidder if all the competitive sealed bids received exceed the amount budgeted for the goods or services, and if the purchasing officer determines in writing that:
1. There is no additional money available from any source, and
2. Revising and re-advertising the request for bids would not be in the town’s best interests because of the delay involved.
B. If there were more than three responsive, qualified bidders, negotiations shall be conducted with the three lowest bidders. If there were one, two or three responsive, qualified bidders, negotiations shall be conducted with those bidders.
C. If the purchasing agent revises the specifications or quantities in the original solicitation for bids, the revisions shall be made available to all the bidders with whom negotiations are taking place.
D. The purchasing officer is authorized to engage in competitive negotiation to choose a qualified vendor if all bids received through competitive sealed bidding were rejected because they were not responsive or they were not made independently in open competition, provided that all vendors who submitted a sealed bid are notified that competitive negotiations will take place, and the qualified vendor who offers the lowest price is chosen.
(Ord. dated 11-17-15)
2.30.090 Competitive negotiation.
A. The purchasing officer is authorized to engage in competitive negotiation instead of competitive sealed bidding to obtain a responsive bid from a qualified bidder if the purchasing agent finds, in writing, that competitive sealed bidding would not be practicable under the circumstances due to the nature of the purchase to be made.
B. A request for proposals shall be made instead of a solicitation for sealed bids. The request for proposals shall be advertised in the manner required for a sealed bid solicitation. The request for proposals shall describe the factors that will be used to evaluate the proposals and shall explain the relative value of each factor, and shall state that the town has a right to make an award based solely on the proposals, without negotiation, if it appears that the price in the proposal is fair and competitive.
C. The purchasing officer shall conduct negotiations with each qualified vendor who submits a reasonable proposal, except as provided in subsection D below. The negotiations may take place in person, by telephone, in writing, or electronically. The purchasing officer shall not disclose information about a vendor’s proposal to another competing vendor.
D. The purchasing officer is not required to conduct negotiations if there is not enough time because of the required delivery date or date of performance, or when it is clear from the information in the proposals, or from experience with the vendor, that the price offered is fair and competitive.
E. The purchasing officer or the town council shall award the contract to the qualified vendor who offers the lowest price, taking into consideration the other evaluation factors described in the request for proposals.
(Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.100 Master price agreements. A vendor who has a master price agreements (MPA) with the R.I. division of purchases has been pre-qualified as responsible vendors and has agreed with the division as to the maximum price that may be charged to State departments and agencies for goods and services. The town may purchase goods and services from, obtain price quotations from, or competitively negotiate prices with MPA vendors in accordance with the provisions of this Chapter.
(Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.110 Purchases requiring town council approval.
A. Purchases of $10,000 or more, including expenditures of $10,000 or more in town funds for architectural, engineering, or related services, require the approval of the town council except as provided in Section 2.30.120.
B. Multi-year contracts for goods or services require the approval of the town council, regardless of the annual or total cost of the contract. The cost for the entire term of the contract shall determine the method of obtaining prices.
C. Engagement of an attorney, physician, or dentist requires the approval of the town council. (Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.120 Emergency purchases.
A. The purchasing officer is authorized to purchase goods, services, or other items costing more than $1,000 without soliciting prices or competitive sealed bids through the procedure required by this Chapter under the following circumstances:
1. Delaying the purchase long enough to solicit competitive sealed bids is reasonably likely to pose a substantial threat to the public health, safety or welfare, and
2. No reasonable alternative course of action is available that would make the emergency purchase unnecessary.
B. If time permits, the purchasing officer shall obtain three or more written price quotations from qualified vendors. If the time available is not sufficient to obtain written price quotations, the purchasing officer shall obtain by telephone, electronic mail or facsimile at least two price quotations from qualified vendors.
C. The purchasing officer shall keep a detailed written record of each emergency purchase, including the circumstances that made the purchase necessary and the reasons the vendor was chosen. Ratification of the purchase by the town council shall not be necessary. The purchasing officer shall provide the town council with a written record of the purchase.
(Ord. dated 11-17-15)
2.30.130 Sole source purchases. The purchasing officer is authorized to purchase goods, services or other items, or, in the case of purchases of $10,000 or more, to recommend such a purchase for the approval of the town council, if the purchasing officer determines that the goods, services, or other items can be obtained from only one vendor. The purchasing officer shall keep a written record of every sole source purchase, including an explanation of the means used to determine that the vendor was the only source.
(Ord. dated 11-17-15; Ord. dated 3-16-21)
2.30.140 Engineering, architecture and related professions. Services of an architectural or engineering nature, including but not limited to design, construction, alteration, testing, and repair of real property; and incidental services performed by architects, engineers, or persons they employ, including but not limited to studies, investigations, surveying and mapping, testing, evaluation, consultation, comprehensive planning, program management, conceptual design, preparation of plans and specifications, value engineering, construction services, soil engineering, site plan preparation, and preparation of operating and maintenance manuals, shall be procured on the basis of qualifications in the manner required by this Section.
A. The purchasing officer shall designate one or more town employees or appointed officials to prepare an evaluation form that lists qualifications and assigns a relative value to each qualification.
B. The purchasing officer or his or her designee shall prepare a request for qualifications (RFQ) based on the evaluation form. The RFQ shall state that professionals shall be chosen on the basis of qualifications and other relevant criteria, and that in accordance with R.I. Gen. Laws § 45-55-8.1, respondents shall not include information about rates of compensation in their submissions. The RFQ shall be posted on the town website and advertised in a newspaper of general circulation in the State of Rhode Island, and may be advertised in additional publications.
C. The purchasing officer shall designate one or more town employees or appointed officials to review the responses and rank them using the evaluation form.
D. The purchasing officer or his or her designee shall choose at least three firms qualified to provide the services required, and conduct discussions with each firm about the nature of the project, alternative methods for furnishing the services required, and the firm’s ability to perform the services expeditiously, considering workload and availability of adequate personnel, equipment, and facilities.
E. From among the firms with which discussions have taken place, the purchasing officer or his or her designee shall choose the firm most qualified to provide the services required, and attempt to negotiate an agreement with that firm at a rate of compensation the purchasing agent or his or her designee determines to be fair and reasonable. If negotiations with the first firm are unsuccessful, the purchasing officer or his or her designee shall attempt to negotiate an agreement with the other firms in descending order of qualification.
F. When the purchasing officer has advertised an RFQ to engage a firm for a specific project, the purchasing officer or his or her designee may conduct discussions with firms on the pre-qualified list as well as firms that have responded to the RFQ.
(Ord. dated 12-5-17; Ord. dated 3-16-21)
2.30.150 Pre-qualified professionals in engineering, architecture, and related professions.
A. The procedure in Section 2.30.140 shall be used to establish a list of pre-qualified professionals in engineering, architecture and related professions to perform peer reviews of development applications before the planning board or undertake specific projects for the town. The town employees or appointed officials designated to review and rank the responses shall include at least one planning board member.
B. When a pre-qualified professional enters into an agreement with the town to provide services on an on-call basis, town council approval of the agreement is not required. When a pre-qualified professional is retained to perform a specific project for the town and town funds will be used to pay the professional, town council approval is required if the professional will be paid more than $10,000.
(Ord. dated 3-16-21)
2.30.160 Legal and medical services. The procurement and selection procedures in this Chapter do not apply to the engagement of attorneys at law, physicians, or dentists.
(Ord. dated 12-5-17; Ord. dated 3-16-21)
2.30.170 Methods of procuring goods and services. Table 1 is intended as a reference guide for employees who regularly purchase goods and services. In the event of a conflict, the provisions of each section of this Chapter supercede the references in Table 1.
Table 1 – Methods of obtaining goods and services
| Value of purchase or type of service | Method | Section |
| $500 or less | Any vendor | 2.30.030 |
| $501 to $1,000 | Two prices in person, by phone, or by e-mail | 2.30.040 |
| $1,001 to $4,999 | Three prices in writing | 2.30.050 |
| $5,000 or more | Competitive sealed bids | 2.30.060, 2.30.070, 2.30.080 |
| $5,000 or more | Competitive negotiation | 2.30.090 |
| Emergency purchases | Written determination | 2.30.120 |
| Sole-source purchases | Written determination | 2.30.130 |
| Engineering, related professions | Request for qualifications | 2.30.140, 2.30.150 |
| Legal or medical services | Discretionary | 2.30.160 |
| Multi-year contracts | Depends on total cost | 2.30.110 |
(Ord. dated 3-16-21)
REFERENCES
Charter Art. 5 § 1.B.10; Title 45, chapter 55 of the general laws.
2.40.010 Purpose.
2.40.020 Director.
2.40.030 Responsibilities.
2.40.010 Purpose. The recreation department shall plan, administer, and promote the town’s recreation programs and maintain the town’s recreational facilities.
(Ord. dated 12-1-09)
2.40.020 Director. There shall be a director of recreation appointed by the town council. The director shall have experience in administration of recreational or educational programs. The director shall plan and administer recreation programming in consultation with the recreation commission.
(Ord. dated 12-1-09)
2.40.030 Responsibilities. The director shall:
A. Administer and supervise the summer recreation program and all town recreation programs and events.
B. Make recommendations regarding the hiring of seasonal employees.
C. Recommend fees for participation in town recreational programs and for the use of town recreational facilities.
D. Recommend an annual operating budget and capital budget for the department.
E. Coordinate activities with other town departments and outside agencies.
(Ord. dated 12-1-09)
REFERENCES
Charter Art. 5 § 2.E.; Title 32, chapter 3 of the general laws; Code ch. 4.26.
2.42.010 Purpose.
2.42.020 Town planner.
2.42.030 Responsibilities.
2.42.010 Purpose. The planning department shall coordinate all municipal functions and responsibilities related to land use planning.
2.42.020 Town planner. The planning department shall be directed by a town planner appointed by the town council. The town planner shall serve as the administrative officer in the performance of the functions required by title 45, chapter 23 of the general laws.
2.42.030 Responsibilities. The planning department shall carry out all the planning functions and responsibilities related to land use, environmental protection, and economic development required by the home rule charter, this Code of ordinances, the laws of the state, and the land development and subdivision regulations promulgated pursuant to title 45, chapter 23 of the general laws. The planning department shall provide technical and administrative assistance to the town council, planning board, conservation commission, zoning board of review, economic development commission, historic preservation commission, department of building and zoning, and any other municipal official or agency requiring such assistance.
(Ord. dated 12-1-09)
REFERENCES
Charter Art. 5 §2.B; title 45, chapters 22.2, 23 of the general laws; Code ch. 4.14, 4.18, 4.22, 4.28, 4.32.
2.44.010 Purpose.
2.44.020 Director.
2.44.010 Purpose. The building and zoning department shall administer and enforce the state building code, the
2.44.020 Director. The department shall be headed by a director who shall be responsible for preparation and submission of budget requests and for any other administrative duties assigned by the town administrator.
(Ord. dated 12-1-09)
REFERENCES
Charter Art. 5 §2.C., title 23, ch. 27.3 of the general laws; R.I. Gen. Laws § 45-24-54, title 45, ch. 24.3 of the general laws; Code ch. 4.32, ch. 4.34.
2.46.010 Town sergeant.
2.46.020 Town moderator.
2.46.010 Town sergeant. The town council shall appoint a town sergeant to serve for a term of two years to expire on December 31. The appointment shall be made from among the candidates recommended by the town administrator. The town sergeant shall perform all of the duties set forth in the home rule charter, this Code, and in state law, and shall be qualified under state law to serve or execute any process or writ issued by or returnable to any court.
(Ord. dated 1-5-16)
REFERENCES
R.I. Gen. Laws § 45-4-1(a); Title 45, chapter 16 of the general laws; Charter Art. 3 § 4.C, Art. 4 § 1.B, Art. 5 § 3.B.
2.46.020 Town moderator. The town council shall appoint a town moderator to serve for a term of two years to expire on December 31. The appointment shall be made from among the candidates recommended by the town administrator. The town moderator shall preside at all regular and special financial town meetings during his or her term of office, and shall perform any duty required by chapter 55 of the R.I. public laws of 1958, as amended, related to school district financial meetings.
(Ord. dated 1-5-16)
REFERENCES
R.I. Gen. Laws § 45-4-1(a); 1958 R.I. pub. laws ch. 55, as amended; Charter Art. 3 § 4.C; Art. 4 § 1.B, Art. 5 § 3.C.