N.S. TOWN COUNCIL AXES QUESTION 10

As reported in today’s edition of the #Woonsocket Call, at Monday night’s meeting, the North Smithfield Town #Council voted to remove Question 10 from the November ballot. In previous posts I have described Charter Question 10 as far too lengthy, confusing and misleading. Councilors #McGee, #Beauregard, #OHara and #Zwolenski voted in favor of removing the question. Councilor Terri #Bartomioli voted against the motion to remove the controversial question. The full text of Question 10 appears below.

10. Charter Update: Amends: Article I. Basic Provisions; Article II. Elections; Article III. Financial Provisions of the Town; Article IV. Town Council; Article V. Town Administrator; Article VI Town Solicitor; Article VI 1/2. School Department Solicitor; Article VII. Department of Finance; Article VIII. The Budget; Article IX. Town Clerk; Article X. Department of Public Works; Article XII; Article XIII. Personnel Board; Shall Article XIV. School Department; Article XV. Other Officers and Commissions; Article XVI. General Provisions

Explanation: If #Ballot Question #10 is approved by a majority of the eligible voters, then certain provisions and language in the #Charter that are presently outdated, redundant, in conflict with state law, and/or conflict with current practice, will be updated.

Shall the Charter be amended to update provisions and conform to state law as well as current practice, including: A. Amend Article I. Basic Provisions as follows: (i) deleting Article I Section 5; (ii) deleting text in second sentence of Article I Section 7; and (iii) adding text "not inconsistent with the State Constitution, the Charter and laws enacted by the General Assembly in conformity with the powers reserved for the General Assembly" in first sentence of Article I Section 8; B. Amend Article II. Elections as follows: (i) changing text "it appears" to "listed" in first sentence of third paragraph of Article II Section 2(b); (ii) changing text "elected" to "appointed" in first sentence of Article II Section 10; (iii) adding text "The Town Council shall appoint two (2) alternate members of the board of canvassers, not more than one of whom shall belong to the same political party. At any meeting of the canvassing authority at which a member will be absent, an alternate from the same political party will replace him or her for that meeting" after second sentence of Article II Section 10; C. Amend Article III. Financial Provisions of the Town as follows: (i) adding text "whom shall act in an advisory capacity only" in first sentence of Article III Section 3; and (ii) changing the text "first" to "second" and "June" to "May" in Article III Section 5; D. Amend Article IV. Town Council as follows: (i) deleting text "and shall hold no other public office or employment in the service of the town or an elective office in the state or federal government" in first sentence of Article IV Section 2; (ii) adding text "No town council member shall hold any other paid employment in the service of the Town, nor be eligible to accept any such employment for a period of one year following the expiration of the term for which he or she was elected." after first sentence in Article IV Section 2; (iii) changing text from "once" to "twice" and adding text "except during the months of July and August when the town council shall meet at least once each month" in second sentence of Article IV Section 7; (v) deleting text "provided that all votes are taken in public" and adding text "pursuant to the Rhode Island Open Meetings Act" in last sentence of Article IV Section 7; (v) changing text "compensation" to "salaries and benefits" in Article IV Section 8(7); (vi) adding text in Article IV Section 8(23) to clarify that the Town Council alone shall have the authority to ratify all contracts and collective bargaining agreements; (vii) changing text "the town solicitor shall serve" to "the Town Council shall appoint an auxiliary probate judge to serve" in Article IV Section 11(4); and (viii) adding text "by ordinance" in Article IV Section 11(6) to clarify that the salary of the judge of probate is fixed by ordinance; E. Amend Article V. Town #Administrator as follows: (i) changing text "odd" to "even" in Article V Section 1; (ii) adding text "or appointed" in first sentence of Article V Section 1; (iii) changing text "$10,000.00" to "$75,000.00" in Article V Section 3; (iv) adding text "and benefits" in Article V Section 3; (v) adding text "the Charter and" in Article V Section 6(4); and (vi) adding text "Shall attend all regular meetings of the Town Council" in Article V Section 6; F. Amend Article VI. Town #Solicitor as follows: (i) changing text "may" to "shall" in Article VI Section 1; (ii) adding text "by ordinance" in sentence two of Article VI Section 3; and (iii) deleting Article VI Section 4(3); G. Amend Article VI 1/2. School Department Solicitor as follows: (i) deleting Article VI1/2 Section 4(3); H. Amend Article VII. Department of Finance as follows: (i) changing text "such annual compensation as may be set by a vote" to "salary and benefits set by ordinance by the" in Article VII Section 2(2); (ii) adding text "Serve as an ex officio member of the Budget Committee" in Article VII Section 2(3); (iii) changing text "manager" to "administrator" in Article VII Section 2(3); (iv) deleting entire text in Article VII Section 3; (v) adding text "All competitive bidding by any Town department, office, agency, board or committee of the Town shall be in accordance with Title 45, General Laws of Rhode Island, as amended" in Article VII Section 3; (vi) adding text "There shall also be two alternates to the Board of Assessment Review appointed by the Town Council for a term of one year" after first sentence of Article VII Section 5(1); (vii) deleting text "except motor vehicles, trailers, boats, airplanes and similar mobile equipment and intangibles at least every tenth year thereafter by an independent qualified appraisal firm." in Article VII Section 6; (viii) adding text "as amended" in Article VII Section 6; I. Amend Article VIII. The Budget as follows: (i) changing text "second" to "first" in third sentence of Article VIII Section 3; (ii) changing text "may" to "shall" in sixth sentence of Article VIII Section 3; (iii) deleting text of the last paragraph of Article VIII Section 3; (iv) changing text "third" to "second" in third sentence of Article VIII Section 4; (v) adding text "In addition, the recommended budget and budget message shall be made available on the Town’s website"; in Article VIII Section 4; (vi) changing text "prior to final hearing pursuant to Section 8 of Article III of the home rule charter" to "after submission to the Town Council" in second paragraph of Article VIII Section 4; (vii) deleting text "Budget Committee" and adding text "Town Collective Bargaining Agreements" in title of Article VIII Section 9; (viii) changing text "Budget Committee" to "Finance Director" in Article VIII Section 9; and (ix) changing text "union contract" to "collective bargaining agreements" in Article VIII Section 9; J. Amend Article IX. Town Clerk as follows: (i) adding text in Article IX Section 3 to clarify that the salaries "and benefits" of the town clerk and deputy town clerk are set by "by ordinance"; (ii) deleting text in second sentence of Article IX Section 3; and (iii) creating new section entitled "Transmission of Fees" providing that "All fees collected by either the town clerk or the deputy town clerk shall be transmitted to the town’s director of finance and be deposited in the general funds of the town unless otherwise directed by the general laws of the state." in Article IX; K. Amend Article X. Department of Public Works as follows: (i) changing text "shall" to "may" in Article X Section 2(2); (ii) changing text "compensation" to "salaries and benefits" in Article X Section 3; (iii) changing text "town treasurer" to "Director of Finance" in Article X Section 4; L. Amend Article XI. Director of Public Safety as follows: (i) changing text "above the rank of patrolman" to "in a supervisory capacity within" in Article XI Section 2(1); (ii) deleting Article XI Section 2(3); (iii) changing text "full time chief inspector" to "certified building official" in Article XI Section 4; and (iv) adding text "Supervise inspectors assigned to assist with enforcing the codes" in Article XI Section 4; M. Amend Article XII as follows: (i) adding text "Planning Department" to title of Article XII; (ii) changing text "effected" to "enacted" in second sentence of Article XII Section 3; N. Amend Article XIII. Personnel Board as follows: (i) adding text "by ordinance" in Article XIII Section 2; (ii) changing text "excepted" to "exempted" in Article XIII Section 4; (iii) changing text "Removal from office" to "Discharge from office" in title of Article XIII Section 12; (iv) changing text "shall constitute cause for removal from office" to "may constitute cause for discharge from office including but not limited to:" in Article XIII Section 12; (v) adding text "State law" and "the rules and regulations of the Town" in Article XIII Section 12(1); and (vi) changing text "Conviction of a crime involving moral turpitude" to "Conviction of a felony" in Article XIII Section 12(3) ; O. Amend Article XIV. School department as follows: (i) changing text "recommended annually by the school committee" to "set by the Town Council by ordinance" in Article XIV Section 3; (ii) changing text "and a clerk" to "vice-chairman and secretary" in Article XIV Section 5(1); (iii) adding text "purchasing" in title of Article XIV Section 5(6); and (iv) changing text "The department of public works, at the request of the school committee and with the approval of the town administrator may maintain and care for school buildings and grounds provided, that the costs are charged against the appropriations for the public schools." to "Subject to agreement of the Town Council, and in consultation with the Town Administrator, the School Committee may request the Department of Public Works to assist in the responsibility of maintenance and care of school property, provided the cost of such maintenance and care be charged against the appropriations for the public schools: the Committee may in the same manner request that the department of Finance assume responsibility for purchases of supplies and equipment for the School Department. Inversely, the Town may purchase goods and or services from the School Department with reimbursement from the Town’s coffers" in Article XIV Section 5(6); P. Amend Article XV. Other Officers and Commissions as follows: (i) changing the text "shall" to "may" in Article XV Section 1, Section 2, Section 3, Section 6; and (ii) changing the text "manager" to “administrator in Article XV Section 4; and Q. Amend Article XVI. General Provisions as follows: (i) adding text "No less than every seven years, the Town Council shall appoint a Charter Review Commission of such numbers the Council shall deem appropriate, whose duty it shall be to review the Charter and recommend to the Council any amendments or revisions which it feels the Council should consider for presentation to the electors of the Town" in Article XVI Section 1; (ii) changing the oath of office to "I solemnly swear that I will support the Constitution and obey the laws of the United States of America and Rhode Island and Providence Plantations: that I will in all respects observe the provisions of the Charter and ordinances of the Town of North Smithfield and will faithfully discharge the duties of the office of……. so help me God” in Article XVI Section 4; (iii) deleting entire text in Article XVI Section 6; (iv) adding text "All records and accounts of every department, office, agency, board and commission of the Town shall be public records as defined by State law, with such exceptions as are set forth in State law. Public records shall be open to inspection by any person so requesting in accordance with the provisions of State law, as amended." in Article XVI Section 6; (v) deleting the text "in either state or federal government" in Article XVI Section 11(2); and (vi) deleting Article XVI Section 14?

Question 10. Approve Question 10. Reject #northsmithfield #ballot #election #charter #ballotquestion #towncouncil #townadministrator #ballotquestion