Chapter II - CITY COUNCIL

 

Sec. 1.  Composition; terms.

            The city council shall consist of seven (7) members who shall be elected at the regular city election in each second year for a term of two (2) years or until a subsequent council shall have been elected and organized.

 

Sec. 2.  Council to judge members’ eligibility.

            The council shall be the judge of the eligibility of its own members subject to review by the courts on questions of fact and law.

 

Sec. 3.  Holding other city positions.

            No member of the council shall be eligible to hold any other office, appointment or employment in the service of the city during the term of office for which he is elected.

 

Sec. 4.  Salary.

            Members of the council shall receive an annual salary of no less than seven hundred fifty dollars ($750.00).  Such salary may be increased by ordinance of the council, but the salary of any member shall not be changed after filing nomination papers or during the term of office for which he is elected.

 

Sec. 5.  Vacancies.

            (a)   If a vacancy occurs in the office of councilman more than two hundred forty (240) days before the time of holding the next succeeding regular city election, the canvassing authority shall forthwith call a special election for the purpose of filling such vacancy for the remainder of the term.

            (b)   If any such vacancy occurs two hundred forty (240) days, or less, before the time of holding the next succeeding regular city election, the council may in its discretion direct the canvassing authority to call a special election for said purpose, to the held in the same manner as indicated below.

            (c)   Such special election shall be held within seventy-five (75) days of the date of the occurrence of such vacancy and the procedure to be followed for the holding of such special election shall be the same as that designated in chapter XV of this charter, in regard to nominating petitions, primary election and election.  (Election of 5-24-77; election of 11-3-87)

            Editor’s note—Sec. 5 is subject to ratification of the General Assembly at its 1988 session.

 

Sec. 6.  President and vice president.

            The council shall elect one of its members as president and one of its members as vice president of the council.  The president shall have the right to vote.  He shall preside at all meetings of the council and in his absence, the vice president shall be acting president for the time being.  In the event of a vacancy in the office of president of the council, the vice president shall assume the office of president of the council until a new president is chosen.  The president of the council shall receive an annual salary of two hundred fifty dollars ($250.00) in addition to such other compensation prescribed for members of the council  (Election of 11-8-94)

 

Sec. 7.  Rules of procedures; journal.

            The council by resolution shall determine its own rules and order of business and shall keep a journal of its proceedings which shall be open to public inspection in the office of the city clerk.

 

Sec. 8.  Initial meeting of newly elected council.

            The first meeting of a newly elected council shall be held at 8:00 p.m., local time, on the first Tuesday following the thirtieth day of November following the regular city election.  The city clerk, if present, shall preside until a president is elected.

(Election of 4-1-69; election of 5-24-77)

 

Sec. 9.  Time, place of regular meetings; meetings required; Cancellation.

            The council shall determine the time and place of its regular meetings and shall meet regularly at least once each month. In accordance with R.I.G.L § 42-46-6, the City Council shall adopt, on an annual basis, a schedule listing the dates of each of its regular meetings. Nothing shall prevent the City Council from amending its annual schedule of regular meetings at a later date to add additional regularly scheduled meeting or meetings as long as such amendments are noticed and adopted pursuant to the requirements of the Rhode Island Open Meetings Act, R.I.G.L § 42-46-1 et, seq. The Council President or four members of the City Council may cancel a regular city council meeting, special council meeting, or work session upon written communication to the City Clerk. A cancellation of any meeting can be made for inclement weather or an emergency, which would prevent the members from attending. Any meeting cancelled shall be re-scheduled, with notice in accordance with R.I.G.L § 42-46-6, no sooner than forty-eight (48) hours after the cancelled meeting, unless an emergency exits which would warrant a meeting sooner than the forty-eight (48) hours with public notice to include the posting of the meeting agenda on the City's website. (Election of 2016)

 

Sec. 10.  Petitions to the council.

            If a petition requesting a hearing before the council on matters within their jurisdiction shall be filed by any citizen with the city clerk, not later than forty eight (48) hours (excepting Saturday & Sunday) to any regular meeting of the council, it shall be included by the city clerk in the agenda of the meeting, and it shall be the duty of the council to grant such a hearing.

(Election of 11/6/01)

 

Sec. 11.  Calling special meetings.

            A special meeting of the council shall be called by the city clerk at the written request of the mayor, the council president, or a majority of the members of the council.

 

Sec. 12.  Notice of special meetings.

            Notice of a special meeting shall be served in person upon or left at the usual place of residence of each member at least twenty four (24) hours previous to the time of such meeting.  The council may meet upon shorter notice by unanimous consent of all its members which shall be entered in the record of proceedings.

 

Sec. 13.  Notice to state purpose; limitation on business.

            The purpose of a special meeting shall be stated in the notice of the meeting.  No business shall be transacted at any special meeting other than that which has been stated in the notice unless all members of the council are present and all agree to the consideration of such other business.

 

Sec. 14.  Quorum.

            A majority of the whole number of members of the council shall constitute a quorum for the transaction of business but a smaller number may adjourn from time to time.

 

Sec. 15.  Notice of adjourned meeting.

            At least twenty four (24) hours notice, as defined in section 12, Chapter II, of the holding of an adjourned meeting shall be given to all members who were not present at the meeting from which adjournment was taken.

 

Sec. 16.  Investigatory authority.

            The council shall have power by resolution to inquire into the conduct of any officer, department or agency of the city and to make an investigation relating to city affairs and for such purpose may subpoena witnesses, administer oaths, and compel the production of books, records, papers and other evidence.

 

Sec. 17.  Employment of consultants.

            The council may authorize by resolution employment of any professional or technical consultants within the limits of appropriations provided for such purpose.

 

Sec. 18.  Conflict of interest.

            No member of the council shall vote in any matter except, as the same shall be in compliance with State Law (Chapter 14, title 36-14-17 of the General Laws of the State of Rhode Island and Providence Plantations), regarding conflict of interest.  All such transactions shall be by the authority of the council with the interested member not voting.

(Election of 5-24-77)

 

Sec. 19.  Committees.

            Any committee of the council may investigate and report on any matter referred to it and make a recommendation thereon but no committee shall have any executive or legislative powers and all matters shall be determined by the council as a whole.  No matter referred to a committee of the council may be held by it without report for more than one month.  Any matter so referred must be acted upon by the council at its next meeting after the committee report. All appointments to committees shall be made by the Council President and shall consist of at least three members of the City Council. (Election of 2016)

 

Chapter II - CITY COUNCIL
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