Art. 1. Suspension – Discharge-Reinstatement, § 1
Art. 2. Removal From Office - Recall, §§ 1-13
Art. 3. Interference with Departments, § 1
Art. 4. Bonds of Officers and Employees, §§ 1-5
Art. 5. Attendance at Meetings, §§ 1-3
Art. 6. Publication of Legal Notices, § 1
Art. 7. Organizations, § 1
Art. 8. Reserved, § 1
Art. 9. Political Activities; Dual Office Holding, §§ 1-4
Art. 10. Tenure and Retirement Rights, §§ 1-3
Art. 11. Financial Interest, §§ 1,2
Art. 12. Public Records, § 1
Any elected or appointive official or employee of the city, if bound over to a grand jury for a felony allegedly committed, or if secretly indicted by a grand jury for a felony, shall be automatically suspended, as of the date of the action, without pay if any accrues to his position. In the event of conviction, he is automatically discharged as of the date of the suspension. In the event of acquittal, or in the event the grand jury returns no indictment when bound over, he is reinstated as of the date of suspension, and entitled to all back pay accrued during his suspension.
The council, by resolution, may remove from office any of its members and may remove any other elective or appointive officers of the city, including the mayor.
The following causes shall constitute causes for impeachment:
(1) Willful violation of any provisions of the charter or ordinances;
(2) Incompetency to perform the duties of this office;
(3) Substance abuse;
(4) Willful neglect of duty;
(5) Corrupt or willful malfeasance in office; and
(6) Willful misconduct to the injury of public service. (Election of 11-6-01)
Removal proceedings may be initiated by any member of the council or by any fifty (50) electors 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 at least one member of the council or by not less than fifty (50) electors of the city, which said complaint, in either case, shall be verified by the oath of at least one of the signers, the council shall proceed to hear and determine the matter as herein provided.
No officer shall be removed unless he is first furnished with a copy of the charges in writing and allowed to be heard in his defense with the aid of counsel; 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.
The council shall hear and determine said charges within ten (10) days after the officer against whom the charges have been brought has been furnished with a copy of said charges, unless said proceedings shall be adjourned for cause to a time not exceeding thirty (30) days in all, 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 councilman or councilmen filing such charges shall not be eligible to sit as a member or members of said council during the hearing of said charges, and 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 section shall be liable to a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed thirty (30) days, on conviction of such refusal or neglect.
The registered voters of the City of Woonsocket shall have power to remove the elected Mayor or members of the City Council and School Committee and other elected officials from office by recall, provided that the recall may not be initiated during the last six (6) months of an incumbent's term.
Any ten (10) qualified voters may commence recall proceedings by filing, with the Manager of the Office of the Board of Canvassers, an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed name and office of the elected official to be recalled. Promptly after the affidavit of the petitioners' committee is filed, the manager of the canvassers office shall issue the appropriate blanks to the petitioners' committee.
(a) Number of Signatures. Recall petitions must be signed by qualified City voters equal in number to at least ten percent (10%) of the total number of persons registered to vote at the last regular election.
(b) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the name and office of the official for whom recall is sought.
(c) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the person circulating it stating the number of signatures thereon and affirming that he/she personally circulated the paper, that all the signatures were affixed in the presence of the circulator, and that he/she believes them to be the genuine signatures of the persons whose names they purport to be.
(d) Time for Filing Recall Petitions. Recall petitions must be filed with the Office of the Board of Canvassers within sixty (60) days after the issuance of the blank petition.
(a) Certification of Petition. The Manager of the Office of the Board of Canvassers shall forthwith refer the filed recall petition to the Board of Canvassers which shall within 10 (ten) days prepare 'a certificate as to its sufficiency, specifying if it is sufficient and specifying if it is insufficient, the particulars wherein it is defective. The Board of Canvassers shall promptly send a copy of the certificate to the petitioners' committee by return mail. In reviewing the petition, the Board shall accept every signature as valid if it can be reasonably identified to be the signature of the voter it purports to be; and provided, further, that variation of the voter's signature by the insertion or omission of identifying titles or by the substitution of initials for the first or middle names or both shall not in itself be grounds for invalidation of such signature. Any voter who is unable to write may sign by making his or her mark (X) on the petition in the presence of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing.
(b) Court Review. New Petition. A determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
(a) The vote of the City on a recall petition shall be held not less than 30 (thirty) days and not more than 60 (sixty) days from the date that the Board of Canvassers certified the petition as sufficient.
(b) Each ballot at such election shall have printed thereon the following question: "Shall (name of person) be removed from the office of (name of office)?" Immediately following such question, there shall be printed on the ballot the following two (2) propositions in this order: "Yes" "No"
If a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon certification of the election results.
No member of the council shall interfere, directly or indirectly, with the conduct of any department, or take any part in the appointment, promotion, or dismissal of any officer or employee in the service of the city, except insofar as is permitted under the provisions of this charter.
The council may require any officer or employee of the city to give a bond, conditioned upon the faithful and proper performance of the duties of his office or employment.
All officers and employees of the city receiving, disbursing, or responsible for city funds shall be bonded.
The resignation or removal of any officer or employee shall not, nor shall the appointment of another to the office or employment, exonerate such officer or employee or his sureties from any liability incurred by him or them.
All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city.
All bonds of officers or employees shall be filed with the city clerk, except that of the city clerk, which shall be filed with director of finance.
The presiding officer, in the absence of a quorum, after a motion for a call of the house by two (2) members of the council, shall order and compel the retention of all members and shall order and compel the attendance of absent members by his warrant under his hand and seal, attested by the clerk and directed to the chief of police and his deputies. (Election of 11-3-87)
Any member of the council who refuses to attend such meetings or to conduct himself in an orderly manner, shall be deemed guilty of willful misconduct in office.
The council may require the attendance of the mayor and of any elective or appointive officer of the city for the purpose of securing from them any information upon the affairs of the city.
The council, not later than the last regular meeting in June of each year, shall designate by resolution some newspaper of general circulation qualified to publish legal notices for the next fiscal year, and printed in the English language, as the medium for the publication of all the notices required by this charter or otherwise by law. (Election of 11-6-01)
The right of municipal employees to join any organizations of their choosing, except those which are subversive, or which seek to overthrow duly constitute government by force or violence, shall not be denied.
*Editor’s note—The election of May 24, 1977, specifically provided for the repeal of art. 8, § 1 (said section being the only substantive provision of the article), which had pertained to the soliciting of political contributions by employees. Said section had derived unchanged from the original charter adopted November 4, 1952, revised March 1, 1960.
Section is deleted. (Election of 11-6-01)
Reference is made to General Laws of Rhode Island, 1956, section 17-1-5.1, “Municipal and State Employees Holding Elective Public Office.” (Election of 11-3-87)
No person may hold any office or employment in the city while at the same time holding any office or employment in the federal, state or local governments or agencies thereof, except as follows:
(1) Employees, not elected, of the federal or state governments, who may serve on the zoning board of review, planning board, board of library trustees.
(2) Members of the armed forces of the United States, while in inactive or reserve status.
(3) Persons holding a commission as a notary public.
(4) Employees, not elected, of the federal or state governments, who may serve on any advisory board, commission, or committee established by the council or the mayor.
(5) Municipal employees, not elected, who may serve on any advisory board, commission or committee established by the federal or state governments.
(6) Municipal employees, not elected, may serve on any advisory board, commission or committee, including the board of library trustees, where the training, experience and qualifications of said employee required, by the classification of the position held by such employee renders said employee particularly fitted to serve the city in such capacity, and where no conflict of interest which may be detrimental to the city will result from such service.
Any person violating any provisions of this article shall forthwith forfeit any and all municipal office or offices or positions which he holds.
Any person receiving a retirement or a disability pension from the city is not deemed to be an employee of the city.
No present or future retirement rights shall be affected by the adoption of this charter, and the services of employees shall be deemed to be continuous.
No tenure of office heretofore guaranteed by law to any employee of the municipality, in effect as of June 30, 1952, shall be abridged or diminished by the adoption of this charter.
No officer or employee of the city shall be financially interested, directly or indirectly, except as shall be in compliance with the State of Rhode Island Conflict of Interest Law (Chapter 14, Title 36-14-17 of the General Laws of the State of Rhode Island). (Election of 5-24-77)
Any violation of this article with the knowledge, expressed or implied, of the person or corporation contracting with the city, shall render the contract voidable by either the mayor or the council.
All records and accounts of every department and agency of the city shall be open to inspection by any citizens pursuant to the provisions of Title 38, “Public Records, “ General Laws of Rhode Island 1956, as amended. (Election 11-3-87)