Middletown Town Charter - Division 1

Editor's note. The Charter set out in this division was prepared and adopted pursuant to the provisions of the 28th Amendment to the state Constitution and ratified by the electorate of the Town of Middletown at the general election held November 5, 1968. The Charter became effective December 16, 1968. The frontal section analysis has been added and a number of article headings and section catchlines have been amplified by the editors for the purpose of clarity, and neither the article headings nor section catchlines are to be regarded as official. A uniform system of capitalization has been adopted, and words in brackets have been added; otherwise, no change has been made in the Charter as ratified by the voters.

This Charter was ratified, confirmed and validated by the general assembly by P.L. 1969, ch. 52, set out in art. 1 of div. 2 of this part of the Code.

Preamble.

Article I. Basic Provisions.

' 101. Inhabitants incorporated as town with powers and duties of a town.

' 102. Form of government.

Article II. The Town Council.

' 201. Number; selection and term of members.

' 202. Qualifications of members: vacancy occurs if member becomes disqualified.

' 203. Meetings.

' 204. Presiding officer.

' 205. Compensation of president and members.

' 206. Power to inquire and make investigations.

' 207. Power to determine policy; other enumerated powers.

' 208. Town budget; expenditures prior to adoption of annual budget, and loans in anticipation of tax revenues; fiscal year defined.

' 209. Filling vacancies in membership.

' 210. Rules for conduct of meetings; votes to be public; executive sessions.

' 211. Conflicts of interest.

Article III. The Town Administrator.

' 301. Status, and responsibility generally.

' 302. By whom chosen; qualifications; residence.

' 303. Appointment, term of office, suspension and removal.

' 304. Enumeration of powers and duties.

' 305. Non-interference by the council.

' 306. Authority to perform duties of other administrative officers, and to assign duties of two or more administrative officers to one person.

' 307. Who acts in absence of town administrator.

' 308. Filling vacancy in office; interim town administrator.

' 309 Compensation.

Article IV. Initiative and Referendum.

' 401. General provisions.

' 402. Initiative procedure; submittal of proposed ordinance to electorate if not adopted or adopted in altered form.

' 403. Referendum upon initiative of council.

Article V. Elections.

' 501. Laws and conditions applicable.

' 502. Canvassing authority.

Article VI. Town Officials; Board of Assessment Review; Probate.

' 601. Town clerk; deputy town clerk.

' 602. Tax assessor.

' 603. Board of assessment review.

' 604. Town sergeant.

' 605. Town engineer.

' 606. Building inspector.

' 607. Town solicitor.

' 608. Reserved.

' 609. Appointment of probate judge.

' 610. Registry of probate court.

Article VII. Town Departments.

' 701. Police.

' 702. Fire.

' 703. Public works.

' 704. Reserved.

' 705. Parks and recreation.

' 706. Finance.

' 707. Middletown Public Library, Board of Trustees.

' 708. Senior Citizens= Center.

Article VIII. School Department.

' 801. School committee - Established; number and election of members.

' 802. Same - Qualifications of members; disqualification of member causes vacancy.

' 803. Same - Filling vacancies.

' 804. Same - Compensation of members; expenses of members.

' 805. Same - Powers and duties.

' 806. Same - Organization, rules and journal of proceedings.

' 807. Same - Regular meetings.

' 808. Superintendent of schools; appointment, qualifications, and powers and duties.

' 809. Same - Removal from office.

' 810. Department personnel.

' 811. Policy making and administration; school committee not to interfere with superintendent.

' 812. Budget; school committee to incur no obligation beyond amount provided by budget.

' 813. Cooperative maintenance of buildings and grounds.

' 814. Purchasing; financial records and vouchers.

' 815. School committee to hold open meetings, except for executive sessions; actions required to be done in open meetings.

Article IX. Personnel.

' 901. Personnel board - Established; number, qualifications and appointment of members.

' 902. Same - Compensation of members.

' 903. Same - Powers and duties enumerated.

' 904. Positions excepted from classified service.

' 905. Temporary appointments when no list is available.

' 906. Probationary period.

' 907. Permanent appointment.

' 908. Emergency appointments.

' 909. Services of other agencies authorized for certain purposes.

' 910. Demotions and dismissals.

' 911. Personnel review board.

' 912. Retirement of town employees.

' 913. Right to organize; strikes.

' 914. Political activity.

Article X. Miscellany.

' 1001. Reserved.

' 1002. Public records.

' 1003. Conflicts of interest.

' 1004. Codification and revision of ordinances.

' 1005. Annual audit.

' 1006. Reserved.

' 1007. Fees, penalties and payments collected by town officials and agencies.

' 1008. Planning board.

' 1009. Zoning board of review.

Article XI. Inauguration and Succession.

' 1101. Effective date.

' 1102. Transfer of appropriations.

' 1103. Ordinances to implement Charter.

' 1104. Continuation of state laws.

' 1105. Continuation of ordinances, resolutions, rules and regulations.

' 1106. Continuation of tax obligation.

' 1107. Actions and proceedings pending when Charter took effect.

' 1008. Reserved.

' 1009. Reserved.

' 1010. Reserved.

' 1011. Reserved.

' 1112. Continuance of contracts and obligations.

Article XII. Amendment of Charter; Separability of Provisions of Charter.

' 1201. General provisions.

' 1202. Form of ballot.

' 1203. Separability.

PREAMBLE.

The people of the town of Middletown, in order to secure the right of self-government in all local matters, pursuant to the provisions of the Constitution of the State of Rhode Island and Providence Plantations, do adopt and establish this Charter.

Article I. Basic Provisions.

Sec. 101. Inhabitants incorporated as town with powers and duties of a town.

The inhabitants of the Town of Middletown, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of ATown of Middletown,@ and as such shall continue to have, exercise and enjoy all the rights, immunities, powers, privileges and franchises, and shall be subject to all the duties and obligations, now incumbent upon or appertaining to said town as a municipal corporation, or by virtue of the laws of this state so far as the same shall not be altered by this Charter or amendments hereof. The enumeration of particular powers by this Charter shall not be deemed to be exclusive; and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the town shall have and may exercise all powers which, under the Constitution of this state, it would be competent for this Charter specifically to enumerate.

Sec. 102. Form of government.

Pursuant to the provisions of this Charter and subject only to the limitations imposed by the state Constitution and by this Charter, all powers of the town, including those powers formerly vested in and exercised by the financial town meeting which is hereby discontinued, shall be vested in an elected town council, which shall enact local legislation, and in a town administrator appointed by the town council in the manner provided below, who shall be responsible to the council for the execution of the laws and the administration of the town government.

Article II. The Town Council.

Sec. 201. Number; selection and term of members.

The town council shall consist of seven members elected from the town at large, each to serve for a term of two years or until his successor is elected and qualified.

Sec. 202. Qualifications of members; vacancy occurs if member becomes disqualified.

Members of the council shall be qualified electors of the Town of Middletown and shall hold no other paid public office or employment in the service of the town. Current service as notary public, justice of the peace, membership in the national guard or naval, air or military reserve or employment by any of the educational institutions maintained by the state, shall not disqualify persons for council membership. No member of the council shall be eligible to accept any other paid local town office during his tenure on the council or for a period of one year thereafter. The office of any council member who shall, during his term, cease to meet the foregoing qualifications, shall be deemed vacant. (Amended, November 5, 2002.)

Sec. 203. Meetings.

The first meeting of a newly elected council shall be held on the first Monday following the certification of election of a majority of its members by the canvassing authority. The town clerk shall preside until the selection of a council president. The council shall determine the time and place of its regular meetings, but it must meet at least once each month. The president or a majority of the council may call a special meeting, but only by unanimous consent may the council meet sooner than forty-eight hours after each member has been notified of a special meeting. Four members of the council shall constitute a quorum.

Sec. 204. Presiding officer.

The council shall elect one of its members as its president at its first meeting as defined in section 203, or at its first meeting following the occurrence of a vacancy in said office. He shall preside at meetings, and shall be recognized as head of the town government for all ceremonial purposes, and by the governor for purposes of military law. The president shall have the same right to speak and vote as any other member.

Sec. 205. Compensation of president and members.

The president of the council and the members shall receive such annual compensation as the council shall fix by ordinance; provided, that no change in compensation shall take effect until after the next biennial election and installation of town councilmen.

Sec. 206. Power to inquire and make investigations.

The council shall have power to inquire into the conduct of any officer, department, or agency of the town, and to make investigations relating to town affairs.

Sec. 207. Power to determine policy; other enumerated powers.

The town council shall be the policy-determining body of the town, and shall exercise all the powers of the town, except as otherwise provided by this Charter, or by the Constitution and laws of the state. Among the powers of the council, to be exercised in accordance with relevant provisions of this Charter and of the Constitution and laws of the state, shall be the power:

(a) To judge the qualifications of its members, and for such purpose it shall have the power to subpoena and require the production of records.

(b) To appoint standing and temporary committees, but no legislative powers of the council may be delegated to these committees.

(c) To create, change and abolish town offices, departments and agencies not established by this Charter or by the Constitution and state laws.

(d) To fix the amount of official bonds of all officers of the town who, in its opinion, should be bonded, the premium on such bonds to be paid by the town.

(e) To order the raising by a tax upon real and personal estate of such sums of money as may be required to pay town debts and defray the necessary charges and expenses of the town, and to order the assessment, levying or imposing of any other taxes for the support of the town which legally may be assessed, levied or imposed under any general or special laws which are now or may hereafter be in existence.

(f) To enact and amend a zoning ordinance.

(g) Bond Limitation Without Referendum. No bonds shall be issued pledging the credit of the town in excess of one hundred thousand ($100,000.00) dollars in any one fiscal year unless submitted to a vote of the electors at either a general or special election, and approved by a majority of the electors voting at said election.

(h) To authorize the hiring, pursuant to statutes now or hereafter in effect, of money in each financial year in anticipation of the receipt of the proceeds of the annual tax due or to become due in said financial year upon the ratable property in the town.

(i) To provide for the audit at any time of the accounts of the town or any department, and to provide for an annual audit as prescribed in section 1005.

(j) To provide for a personnel policy system as provided in article IX.

(k) To appoint the town administrator as provided in section 303.

(l) To confirm all appointments of the town administrator for which town council confirmation is required.

(m) To enact, amend or repeal ordinances for the preservation of the public peace, health, safety, comfort and welfare, and for the protection of persons and property.

(n) To provide reasonable penalties for the violation of any ordinance.

(o) To exercise all additional powers, consistent and in accordance with this Charter and the laws and Constitution of the state, which have been or may hereafter be granted to the council by the Charter or to the town by the laws and Constitution of the state. (Amended, September 15, 1980.)

Sec. 208. Town budget; expenditures prior to adoption of annual budget, and loans in anticipation of tax revenues; fiscal year defined.

Upon receipt of the consolidated town and school committee budget from the town administrator, the town council shall give to said budget two preliminary readings. Coincident with such consideration it shall set dates for two successive public hearings regarding the budget, one hearing to follow the first reading, and one to follow the second reading. Notice of the time and place of said hearings shall be posted in three or more public places in the town and advertised in at least one newspaper of local circulation at least ten days in advance of each hearing. The council shall take final action on the consolidated budget following the second hearing before the start of the next fiscal year, which shall begin the first day of each July unless and until changed by ordinance. The town council can change only the total amount of the school committee's recommended budget. The town council can increase the total amount of either part of the consolidated budget, as presented by the town administrator, only if it makes provisions for increasing anticipated revenue to match increases in expenditures in the budget. In the event that the annual budget has not been finally enacted by the town council at the start of the fiscal year for whatever reason, the town council may authorize expenditures by town departments and agencies not to exceed the rate of expenditures for the comparable month of the preceding year. Such authorization shall be valid for no more than thirty days without renewal by the council. The council may negotiate loans in anticipation of tax revenues repayable in no more than twelve months' time, in order to provide funds to cover such expenditures. (Amended, November 5, 2002.)

Sec. 209. Filling vacancies in membership.

If a vacancy occurs in the membership of the council, for whatever reason, the remaining members of the council shall select a qualified person to fill the vacancy until the next regularly scheduled state or town election, at which time the electors shall elect a qualified person to complete any unexpired portion of the term.

Sec. 210. Rules for conduct of meetings; votes to be public; executive sessions.

The council may adopt rules and regulations regarding the conduct of its meetings, but all votes shall be public. The council may meet in executive session only for the purposes of discussion and investigation.

Sec. 211. Conflicts of interest.

No member of the town council shall vote on any matter which will, directly or indirectly, bring personal benefit to the member.

Article III. The Town Administrator.

Sec. 301. Status, and responsibilities generally.

The town administrator shall be the chief executive officer and head of the administrative branch of the government. He shall be responsible to the council for the proper administration of all affairs of the town.

Sec. 302. By whom chosen; qualifications; residence.

The town administrator shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the town or state, but during his tenure of office he shall reside within the town.

Sec. 303. Appointment, term of office, suspension and removal.

The council shall appoint the town administrator for an indefinite term and may remove him by a majority vote of its members. At least thirty days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The town administrator may reply in writing and may request a public hearing, which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the town administrator from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary then due. (Amended, November 5, 2002.)

Sec. 304. Enumeration of power and duties.

The town administrator shall have the power and shall be required:

(a) To submit to the council, not later than ninety days prior to the start of the next fiscal year, a proposed budget of receipts and expenditures and an explanatory budget message. For such purpose the town administrator shall obtain from the head of each office, department and agency except the school committee, estimates of its revenues and expenditures and such supporting data as he may request. In preparing the proposed budget, the town administrator shall review the estimates and may revise them as he may deem advisable. The budget as proposed by the town administrator shall show all anticipated revenue and all proposed expenditures except those for school purposes, and the total of such expenditures shall not be greater than the total of anticipated revenue. The town administrator shall request from the school committee its budget of estimated expenditures and revenues for transmission to the council. He shall incorporate the total of these expenditures and revenues with the total he has arrived at for general town purposes, but shall not have the authority to increase or decrease any item in the school committee's budget.

(b) To see that the laws and ordinances are enforced.

(c) To appoint, subject to the confirmation of the town council, the town clerk, town sergeant, tax assessor, town engineer, finance director, building inspector and heads of all administrative departments of town government provided for in this Charter or which shall be provided for in the future, but not including the superintendent of schools. He may remove any of the aforementioned officials for whom he is the appointing authority; provided, that any person so removed shall have the right, within ten days of receipt of written notice of his removal, to petition the town council for a hearing before that body. Following any such hearing, the council shall convey its conclusions to the town administrator, but his decision to confirm or rescind the dismissal shall be final.

(d) To determine the compensation of all officers and employees under his jurisdiction subject to the approval of the council.

(e) To assign additional duties to officers, agencies or departments established by the Charter, but he may not discontinue or reassign duties assigned to specific organs under this Charter.

(f) To prepare and submit to the council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the town for the preceding year, which report shall be printed and made available to the citizens.

(g) To coordinate the activities and programs of all departments and agencies of the town including any and all boards or commissions whose members are chosen by the town council. All such departments and agencies shall submit periodic reports to the town administrator as he shall direct, and supply him with any and all information regarding their work which he may request.

(h) To perform such other duties as may be prescribed by this Charter or required of him by the council.

Sec. 305. Non-interference by the council.

The council or any of its members shall not direct or request the appointment of any person to or his removal from office by the town administrator or by any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the town administrator, and neither the council nor any member thereof shall give orders to any subordinates of the town administrator, either publicly or privately.

Sec. 306. Authority to perform duties of other administrative officers, and to assign duties of two or more administrative officers to one person.

The town administrator may exercise and perform the powers and duties of one or more administrative officers instead of appointing some other person or persons so to do, but he shall not be entitled to receive any additional compensation therefor. He may, with the approval of the council, assign the duties of two or more administrative officers to one person or divide the duties of any office among two or more persons.

Sec. 307. Who acts in absence of town administrator.

The town administrator may designate by letter filed with the town clerk a qualified administrative officer of the town to perform his duties during his temporary absence or disability. In the event of failure of the town administrator to make such designation, the council may appoint an officer of the town to perform the duties of the town administrator until he shall return or his disability shall cease.

Sec. 308. Filling vacancy in office; interim town administrator.

Whenever the office of town administrator shall be declared vacant by the council, an interim town administrator shall be elected by a majority vote of the council. He shall have all the duties and powers of the town administrator, except he shall not serve longer than six months, and may be summarily removed by majority vote of the council without charges or a hearing. Nothing shall prevent an interim town administrator from applying to be appointed town administrator.

Sec. 309. Compensation.

The town council shall set the compensation of the town administrator.

Article IV. Initiative and Referendum.

Sec. 401. General provisions.

In order to preserve direct participation in government to the voters of Middletown, there are hereby established procedures whereby they may initiate legislative proposals for consideration by the town council and the voters.

Sec. 402. Initiative procedure; submittal of proposed ordinance to electorate if not adopted or adopted in altered form.

Any proposed ordinance may be submitted to the town council by a petition signed by qualified electors of the town equal in number to at least ten per cent of the number of persons registered to vote at the time of the last regular town election. Whenever the council receives a certified initiative petition from the town clerk, it shall proceed at once to consider the proposed ordinance transmitted therewith, and shall take a final vote on the enactment of same no more than thirty days following receipt of the petition from the town clerk. If the council shall fail to pass an ordinance thus proposed by initiative petition, or shall pass it in altered form, the said ordinance as originally proposed by the petitioners shall be submitted to the electors for their approval or rejection, not less than thirty days nor more than one year from the date the council takes its final vote thereon. The council may, and if no regular election is to be held within such period shall, provide for a special election.

Sec. 403. Referendum upon initiative of council.

The council may provide in the terms of any ordinance it enacts that the same be submitted to the electors for their approval or rejection. In the event it makes such provisions, the vote thereon by the electors shall be called in accordance with the provisions set forth for voting upon initiative proposals in section 402. Pending the decision of the voters the ordinance in question shall remain inoperative.

Article V. Elections.

Sec. 501. Laws and conditions applicable.

The provisions of the Constitution and the general laws of the State of Rhode Island now or hereafter in effect pertaining to elections, special, general and primary, and also all special acts pertaining to elections in the Town of Middletown now or hereafter in effect shall govern all town elections, special, general and primary, so far as they may be applicable, excepting those provisions which are inconsistent with the provisions of this Charter affecting the form of government.

Sec. 502. Canvassing authority.

There shall be a bi-partisan canvassing authority elected by the council as provided by the Constitution and laws of the state. Said canvassing authority shall be vested with all the powers and duties now or hereafter vested by law in the canvassing authority or board of registration of the town. All members of said authority or board now in office shall continue in said positions as members thereof until the expiration of the terms for which respectively they were chosen.

Editor's note. For constitutional provisions relating to canvassing authority, see Const., amendment no. 28, ' 4, as amended by no. 29, ' 4, and 35, ' 1. For general law as to local canvassing authorities, see R.I. Gen. Laws, ' 17-8-1 et seq.

Article VI. Town Officials; Board of Assessment Review; Probate.

Sec. 601. Town clerk; deputy town clerk.

There shall be a town clerk, who shall be appointed by the town administrator and shall have those powers and perform those duties prescribed now or in the future by the Constitution and laws of the state not inconsistent with this Charter, and such additional powers and duties as may be assigned to him by the town administrator or town council. He shall have charge of such personnel as may be provided by the town council to assist him in the discharge of the powers and duties of his office. There shall be a deputy town clerk who shall be appointed by the town administrator in accordance with article IX and shall exercise the powers and perform the duties of the office of town clerk in case of the absence or inability of the town clerk.

Sec. 602. Tax assessor.

There shall be a tax assessor, who shall be appointed by the town administrator and shall have those powers and perform those duties prescribed now or in the future by the Constitution and laws of the state not inconsistent with this Charter, and such additional powers and duties as may be assigned to him by the town administrator or town council. He shall have charge of such personnel as may be provided by the town council to assist him in the discharge of the powers and duties of his office.

(Amended, December 6, 1976.)

Sec. 603. Board of assessment review.

There shall be a board of assessment review consisting of three members who shall be qualified electors of the town and shall be appointed by the council for a term of three years. There shall be no more than two board members belonging to the same political party. If a member of such board shall cease to be a resident, his office shall thereby become vacant. The board of assessment review shall hear and consider the appeal of any property owner concerning the amount of his assessed valuation as determined by the [tax] assessor. The board shall keep an accurate record of its proceedings which shall be available for public inspection. If it shall appear that the valuation of any property has been erroneously or incorrectly assessed, the board shall have authority to order a correction. Such determination shall be certified by the board to the [tax] assessor whose duty it shall be to make such corrections in the valuation as the board may determine. If the tax roll has been certified by the [tax] assessor, he shall transmit the findings of the board to the council, which may cancel in whole or in part the tax based on such valuation in order to effect a correction. The council shall provide by ordinance for the organization and procedure of the board of assessment review and for the manner of receiving, considering, and disposing of appeals. The taking of an appeal to the board of assessment review of any action thereon shall not be construed to limit or restrict the right of any taxpayer to apply to a court of competent jurisdiction for relief from any assessed valuation or tax. (Amended, November 5, 2002.)

Sec. 604. Town sergeant.

There shall be a town sergeant, who shall be appointed by the town administrator and shall have those powers and perform those duties prescribed now or in the future by the Constitution and laws of the state not inconsistent with this Charter, and such additional powers and duties as may be assigned to him by the town administrator or town council.

Sec. 605. Town engineer.

There shall be a town engineer appointed by the town administrator. He shall be a civil engineer, and need not be a resident of the Town of Middletown. He may be appointed to serve either full time or part time. He shall be available to provide engineering advice and services to the town administrator, the town council, and all other departments, offices and agencies of the town government. He shall be responsible for the custody and proper maintenance of all the files and records that pertain to his office, including surveys, plans, maps and the like. He shall maintain these files and records in the Town of Middletown. The results of all engineering studies or similar work he performs for the town shall become the property of the town.

Sec. 606. Building inspector.

There shall be a building inspector, who shall be appointed by the town administrator and shall be responsible for the supervision and enforcement of ordinances relating to buildings, zoning, trailer parks, and other matters assigned to him by the town administrator or the town council.

Sec. 607. Town solicitor.

There shall be a town solicitor appointed by the town council at its first meeting following its election, to serve for a term of two years or until his successor is appointed. Any person so appointed shall be a member of the bar of the State of Rhode Island in good standing; he need not be a resident of Middletown. The town solicitor need not devote full time to the duties of his office. He shall receive such compensation for his services as may be determined by the council. The town solicitor shall be the attorney for the town and legal advisor to the council, town administrator, and all other offices, departments and agencies of the town. He shall appear for and protect the rights of the town in all actions, suits or proceedings, civil or criminal, brought by or against it or for or against any of its officers, departments or agencies, and shall perform such other duties as the council may require. All written legal opinions furnished to the council and to all town officers, departments or agencies shall be filed with the town clerk and become a public record. The town solicitor shall examine and approve the forms of all ordinances and resolutions and the forms of all invitations for bids, contracts and other legal documents sent out by any office, department or agency of the town.

Sec. 608. Reserved. (Deleted, November 5, 2002.)

Sec. 609. Appointment of probate judge.

The town council shall appoint, at its first meeting following its election, a member of the bar of the State of Rhode Island to sit as judge of the probate court. Said judge shall serve for a two-year term or until his successor is appointed, or his office abolished. Any person so appointed need not be a resident of Middletown. Whenever such judge of the probate court is a party or interested in any proceeding about to be heard in his court, or is absent or unable to perform his duties, or there is a vacancy in the office of judge, the council shall designate a qualified member of the bar of the State of Rhode Island to act as a probate judge. The fact of such interest, absence, inability or vacancy shall be recorded in the records of said court. (Amended, November 5, 2002.)

Sec. 610. Registry of probate court.

Money and other property now or hereafter deposited in the registry of the probate court pursuant to statutes now or hereafter in effect shall be held, administered and disposed of pursuant to said statutes.

Editor's note. For state law as to deposit of money paid into registry of probate court, see R.I. Gen. Laws, ' 33-22-20. As to practice in probate court generally, see Gen. Laws, ' 33-22-1 et seq.

Article VII. Town Departments.

Sec. 701. Police.

There shall be a police department, the head of which shall be the chief of police, who shall be a police officer with at least ten years experience above the rank of patrolman in any organized police department or equivalent experience in a state or federal law enforcement agency. He shall be appointed by the town administrator. In addition to the chief of police, there shall be a deputy chief and such other subordinate officers and patrolmen, all of the aforesaid serving full time, as shall from time to time be determined by the town council. The further organization of the department into divisions or offices or grades shall be made by the town council on recommendation of the town administrator after conferring with the chief of police. The police department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, regulation of traffic, and the enforcement of the laws of the state and the ordinances of the town and rules and regulations in accordance therewith. The chief of police and other members of the department shall have all the powers and duties as are now and hereafter vested in such police officers by the laws of the state and the town ordinances. The chief of police shall be in direct command of the police force and shall, subject to the approval of the town administrator and town council, make rules and regulations concerning the conduct of all officers and subordinates. (Amended, November 5, 2002.)

Sec. 702. Fire.

There shall be a fire department, the head of which shall be the fire chief, who shall be a firefighter with at least ten years experience in the fields of fire fighting and fire prevention. He shall be appointed by the town administrator. In addition to the fire chief, there shall be a deputy chief and such other subordinate officers and firefighters, all of the aforesaid serving full time, as shall from time to time be determined by the town council. In addition to the members of the permanent fire department, the fire chief may from time to time appoint additional special firefighters for occasional services and for limited terms who shall serve at the pleasure of the fire chief. The further organization of the department into divisions or offices or grades shall be made by the town council on recommendation of the town administrator after conferring with the fire chief. The fire department shall have all the powers and duties as are now and hereafter vested in it by the laws of the State of Rhode Island and town ordinances. The fire department shall, subject to the approval of the town administrator and town council, make rules and regulations concerning the conduct of all subordinates.

(Amended, November 5, 2002.)

Sec. 703. Public works.

There shall be a department of public works, the head of which shall be the director of public works, who shall be appointed by the town administrator. He shall be responsible for the efficient operation of all the activities of the department of public works. The department of public works shall be responsible for the functions and services of the town relating to highways, street lighting, public parking lots, waste disposal, sewers, water supply, parks, public buildings and such other public works activities as may be defined by ordinance.

Sec. 704. Reserved.

(Deleted, November 5, 2002.)

Sec. 705. Parks and recreation.

The town council may establish a department of parks and recreation when, in its judgment, the effective provision of these important services and the proper management of recreation facilities in the town require such action. The department shall be headed by a director appointed by the town administrator. All recreation services and facilities, including parks, beaches and playgrounds, shall be placed under the jurisdiction of said department with the exception of those properly within the jurisdiction of the school committee. (Amended, November 5, 2002.)

Sec. 706. Finance.

There shall be a department of finance headed by a finance director, who shall have ten years prior financial management experience in the public or private sectors and be appointed by the town administrator. There shall also be a deputy finance director, appointed by the town administrator in accordance with article IX, who shall assist the finance director and shall exercise the powers and perform the duties of the office of finance director in case of the absence or disability of the finance director. The finance director shall act as town treasurer and town tax collector, and shall exercise those powers and perform those duties prescribed for these offices now or in the future by the Constitution and laws of the state not inconsistent with this Charter. He shall also have such additional powers and duties as may be assigned to him by the town council or town administrator. (Amended, November 5, 2002.)

Sec. 707. Middletown Public Library, Board of Trustees.

There shall be a board of trustees of the Middletown Public Library, the governance and powers of which shall be in accordance with Rhode Island General Laws Title 29, Chapter 4. (Added, November 5, 2002.)

Sec. 708. Senior Citizens' Center.

Middletown shall have a Senior Citizen=s Center to provide services to the residents of the town of Middletown who have attained the age of fifty five (55) or older.

The Center shall have an Executive Director, appointed by the Town Administrator, and confirmed by the Town Council, whose primary responsibilities will be to develop and administer all Senior Citizens= Center programs, prepare necessary budgets for Center operations and initiate broad based programs to serve the senior community. A nine (9) member advisory Board of Directors, all of whom shall be residents of Middletown, shall be appointed by the Town Council. (Added, November 5, 2002.)

Article VIII. School Department.

Sec. 801. School committee - Established; number and election of members.

There shall be a school committee consisting of five members, each of whom shall be elected from the town at large by the electors of the Town of Middletown, to serve for a term of four years and until a successor is elected and qualified. Three members of the committee shall be elected at the first election after the adoption of this Charter and at said elections every fourth year thereafter and two members shall be elected at the subsequent biennial election and at said elections every fourth year thereafter. The election of school committee members

shall be by nonpartisan election, an election without designation or identification of political affiliation. (Amended, November 5, 2002.)

Sec. 802. Same - Qualifications of members; disqualification of member causes vacancy.

Members of the school committee shall be qualified electors of the Town of Middletown and shall hold no other paid public office or employment in the service of the town. Current service as notary public, justice of the peace, membership in the national guard or naval, air or military reserve or employment by any of the educational institutions maintained by the state, shall not disqualify persons for school committee membership. No member of the school committee shall be eligible to accept any other paid local town office during his tenure on the school committee or for a period of one year thereafter. The office of any school committee member who shall, during his term, cease to meet the foregoing qualifications, shall be deemed vacant. (Amended, November 5, 2002.)

Sec. 803. Same - Filling vacancies.

If a vacancy occurs in the membership of the School Committee, for other than the expiration of the member=s term the town council shall select a qualified person to fill the vacancy, to serve until the next regularly scheduled state or town election, at which time the electors shall select a qualified person to complete any unexpired portion of the term. (Amended, November 5, 2002.)

Sec. 804. Same - Compensation of members; expenses of members.

The Chairman of the School Committee and the members shall receive annual compensation as the council shall fix by ordinance; provided, that no change in compensation shall take effect until after the next biennial elections and installation of school committee members. (Amended, November 5, 2002.)

Sec. 805. Same - Powers and duties.

The school committee shall determine and control all policies affecting the administration, maintenance and operation of the public schools and shall have all the powers and be subject to all duties prescribed by the laws of the state and may provide rules and regulations for the use, operation, and maintenance of public school properties, and for vacations of all officials and employees of the school department.

Sec. 806. Same - Organization, rules and journal of proceedings.

The school committee shall elect from its membership a chairman and a vice-chairman, both of whom shall serve at the pleasure of the school committee. The school committee shall also appoint a clerk, who need not be a member of the school committee and shall serve at the committee's pleasure. The chairman or the clerk may sign any orders and official papers, and the clerk, under the direction of the school committee, shall keep a journal of the proceedings of the committee. The school committee shall adopt its own rules and order of business.

Sec. 807. Same - Regular meetings.

The school committee shall hold at least ten regular meetings in every year at such time and place within the town as the school committee shall by general order fix and determine.

Sec. 808. Superintendent of schools; Appointment, qualifications and powers and duties.

The school committee shall appoint a superintendent of schools as its chief administrative agent who shall have under the direction of the school committee the care and supervision of the public schools and shall have and exercise such duties and authority as are vested in the office by the laws of the state, the state board of education and the

commissioner of education. No person shall be employed as the superintendent of schools unless such person holds a certificate of qualification for said office issued by or under the authority of the state board of education.

Sec. 809. Same - Removal from office.

The superintendent [of schools] shall be subject to removal at the discretion of the school committee by vote of a majority of all members of the school committee with or without a public hearing, as the school committee in its discretion shall determine. There shall be no right of appeal from the decision of the school committee. Except in cases of moral turpitude in which removal may take effect immediately, such removal shall not become effective until at least ninety days following the vote of the school committee, and the superintendent shall continue to receive his usual compensation until the date upon which removal does take effect.

Sec. 810. Department personnel.

The school committee shall have the power to determine the number and duties of all employees in the department subordinate to the superintendent of schools and shall have the power to remove all such employees upon recommendation of the superin-tendent of schools, except as otherwise provided by the laws of the state. (Amended, November 5, 2002.)

Sec. 811. Policy making and administration; school committee not to interfere with superintendent.

Except for the purpose of inquiry, the school committee, as far as is consistent with the laws of the state, shall deal with the administration of the public schools solely through the superintendent of schools and neither the school committee nor any member thereof shall give orders to any subordinate of the superintendent either publicly or privately. All details of administration shall be handled by the superintendent or other administrative officers delegated by him.

Sec. 812. Budget; school committee to incur no obligation beyond amount provided by budget.

The school committee shall submit its proposed budget to the town administrator not later than one hundred days prior to the start of the next fiscal year. Estimates of sums expected to become available from federal and state grants for the support of the public schools shall be included in the total requested for school expenditures. The council shall appropriate these funds for expenditure by the school committee, and shall appropriate such additional funds from local tax revenues as may be required to meet the total school budget which the council approves. The school committee shall not have the authority to obligate the town financially beyond the total budgetary amount voted by the council.

Sec. 813. Cooperative maintenance of buildings and grounds.

At the request of the school committee the town administrator may direct appropriate departments under his jurisdiction and control to maintain, care for or otherwise provide services for school buildings, grounds, motor vehicles and equipment; provided, that the costs be charged against the appropriation for the public schools, such costs to be determined by the town administrator and paid at the direction of the school committee.

Sec. 814. Purchasing; financial records and vouchers.

The school committee shall do all purchasing pertaining to the public schools and shall maintain records of receipts and expenditures in such manner as shall be required by the state and by the department of finance of the town. Records shall at all times be available showing receipts, expenditures and encumbrances upon unexpended appropriations. Expenditures of funds allocated to the public schools shall be made only by authorized vouchers signed by the superintendent of schools, and the chairman or clerk or such member of the school committee as may be designated by the school committee for that specific purpose. All purchases over one thousand dollars shall be put out to bid unless the school committee determines that the purchase at bid is not practicable or consistent with its educational policy.

Sec. 815. School committee to hold open meetings, except for executive sessions; actions required to be done in open meetings.

The meetings of the school committee, except when in executive session, shall be open and accessible to the public. Final action shall be taken only in open meeting, except on disciplinary and other personal matters, the disclosure of which, in the opinion of the school committee would be detrimental to any pupil or member of the school department involved. Where the school committee considers the disclosure in such cases detrimental as aforesaid, its action shall be recorded separately and may be kept confidential and shall not be considered a public record.

Article IX. Personnel.

Sec. 901. Personnel board - Established; number, qualifications and appointment of members.

There shall be a personnel board consisting of three members who shall be appointed by the town council for terms of three years (except that the initial appointments under this Charter shall provide that one member serve for a one-year term and another member for a two-year term). No member shall hold or be a candidate for any other public office or position and shall not be or have been for at least two years prior to his appointment, a member of any national, state or local committee of a political party, or an officer in any partisan political club or organization. They shall be qualified electors of the town.

Sec. 902. Same - Compensation of members.

Compensation, if any, of members of the personnel board shall be determined by the town council.

Sec. 903. Same - Powers and duties enumerated.

It shall be the duty of the personnel board:

(a) To formulate, maintain, and recommend to the town council for adoption or modification:

(1) A position classification plan for all town employees, excepting those noted hereinafter. Such plan shall define generally the duties, responsibilities and types of work involved for each class of position; the skills and knowledge necessary for each position, and the minimum qualifications necessary to qualify for appointment to each position; and the positions or classes of positions to which competitive or qualifying examinations shall apply;

(2) A plan embodying appropriate recommended pay scales for all town employees in the classification plan. Such pay plan shall state a recommended salary or wage for each position established by the classification plan, and define the method for granting step advancements in pay in those instances where a minimum and maximum pay range is established for a position. The personnel board shall work closely with the town administrator in the adjustment of pay scales where such adjustments are required due to compensation changes the administrator plans to include in his budget, or are found necessary in connection with the recruitment of personnel or the negotiation of collective bargaining agreements;

(3) Personnel policies regarding vacation, sick leave, overtime pay and the discipline of classified employees.

(b) Upon the adoption of the position classification plan, to assign to the appropriate position classification all persons employed by the town, subject to such plan.

(c) To authorize the Town Administrator or his/her designee to formulate and administer such

tests, and assemble such other forms of evidence as may be required, to determine the qualifications and eligibility of candidates for positions in the classified service.

(d) To certify to the appointing authority that persons who are candidates or applicants for positions in the classified service, possess the qualifications required by the classification plan. Such certification lists shall show the names of the three persons standing highest thereon who are available for appointment or promotion, if there be as many as three such names thereon, or all the names on the list if there are less than three. The appointing authority shall appoint one of the persons so certified to the position in accordance with the provisions of the personnel rules. Except in the case of employees of the school department, who shall be appointed by the school committee, the head of the office, department or agency in which a vacancy exists shall make a recommendation to the appointing authority, who shall be the town administrator.

(e) To examine all payrolls at least twice a year covering classified employees, for the purpose of determining that all persons to whom payments are to be made are properly employed and have been approved and certified to the appointing officers by the personnel board as to eligibility. (Amended, November 5, 2002.)

Sec. 904. Positions excepted from classified service.

There shall be excepted from classified service of the town:

(a) All officials elected by the voters of the town, and all persons appointed to fill vacancies in such elective positions.

(b) Heads of departments, offices and agencies appointed by the town administrator.

(c) Employees of the school department for whom state certification is required.

(d) Persons engaged by contract to perform special services for the town where such contracts are certified by the personnel board to be for employment which should not be performed by persons in the classified service.

(e) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination, or to perform a special service where such appointment or designation is certified by the personnel board to be for employment which because of its expert nature or character could not or should not be performed by persons in the classified service.

(f) Such temporary seasonal workers paid on an hourly basis as the personnel board may determine.

(g) Persons who in times of public emergency may be appointed special employees.

(h) All members of boards, commissions, and committees.

Sec. 905. Temporary appointments when no list is available.

Whenever it is not possible to certify the required number of eligible persons for appointment to a vacancy in the classified service because no appropriate list exists, the appointing authority may nominate a person to the personnel board and, if such nominee is found by the personnel board to have had experience and education which appear to qualify him for the position and meets such other requirements as are established by the personnel rules, he may be temporarily appointed to fill such vacancy.

Sec. 906. Probationary period.

All original appointments to and promotional appointments within the classified service shall be for a probationary period of one year, during which time the appointing committee may report to the personnel board periodically concerning the work of the employee. Any employee may be dismissed from an original appointment or demoted to previous rank by the appointing authority during the probationary period for reasons relating to the employee's qualifications or for the good of the service stated by the appointing authority in writing and filed with the personnel board. The employee shall have no appeal privileges. (Amended, November 5, 2002.)

Sec. 907. Permanent appointment.

All employees having been promoted or appointed in accordance with the above procedures and having satisfactorily served the probationary period will be considered permanent in their position until vacated by retirement, resignation, promotion or death, except as hereinafter provided. Nothing herein shall be construed as prohibiting the town administrator or school committee from terminating the employment of any employee when a decrease in the number of permanent employees is made necessary by the failure of the town council to make an adequate appropriation for the retention of all the permanent employees; provided, however, that in case it becomes necessary for that reason at any time to discharge one or more employees, the order of seniority in employment shall govern in the determination of the employees in the affected classification or classifications to be retained and those to be discharged; and provided further, that if any permanent employee so discharged is subsequently reemployed, he shall continue to be classified as a permanent employee. Previously discharged permanent employees shall be given preference by seniority when new hirings are made. (Amended, November 5, 2002.)

Sec. 908. Emergency appointments.

In case of emergency, an appointing authority may make an emergency appointment of any persons to any position without regard to provisions of this article to carry on work that must be continued in the public interest, but any such emergency appointment shall be reported immediately to the personnel board.

(Amended, November 5, 2002.)

Sec. 909. Services of other agencies authorized for certain purposes.

The personnel board, subject to the approval of the town council, may enter or authorize the appointing authority to enter into arrangements with any government agency, quasi-governmental agency or educational institution for determining qualifications of employees and applicants for employment in the classified service, and for aid in the preparation of the personnel regulations. (Amended, November 5, 2002.)

Sec. 910. Demotions and dismissals.

All classified employees shall be subject to suspension, demotion, removal from employment, and other appropriate disciplinary action by the appointing authority for misconduct, incapacity, neglect of duty, or insubordination or other such cause as the appointing authority may deem to justify the action for the good of the service and all such suspensions, demotions or removals or other disciplinary action. The disciplinary action may become effective immediately at the discretion of the appointing authority. (Amended, December 6, 1976; Amended, November 5, 2002.)

Sec. 911. Personnel review board.

There shall be a personnel review board consisting of three qualified electors of the town appointed by the town council to serve for three-year terms. There shall be no more than two board members belonging to the same political party. The jurisdiction of the board shall extend to all cases of appeals from dismissals, suspensions, demotions, or layoffs of employees of the town in the classified service, except those provided for otherwise in the Charter.

Any person, against whom any disciplinary action is taken by the appointing authority, may appeal in writing to the personnel review board within ten days of his receipt of written notification of said action. Unless said appeal has been withdrawn, the personnel review board, within ten days from the filing of said appeal, shall conduct a hearing, at which it shall give the appellant, the appointing authority, and the department head, board or other agency involved, an opportunity to be heard. After said hearing, which shall be public at the option of the appellant, the personnel review board may affirm, or if it finds disciplinary action to be arbitrary and capricious or based upon erroneous understanding of facts reverse or modify the disciplinary action taken, and the action of the personnel review board shall be final and binding. The review accorded herein shall he deemed to be alternative to that granted by general and special state laws to certain classes of town employees. Upon reinstatement for any reason, the employee shall be paid in full for the wages lost during the period of said disciplinary action against him less all interim earning or amounts reasonably earned by the employee, including but not limited to wages and wage substitutes (such as workers compensation or unemployment compensation). At any hearing it shall be right of the appellant to be represented by counsel. (Amended, December 6, 1976; Amended, November 5, 2002.)

Sec. 912. Retirement of town employees.

The town council may provide a system of retirement allowance, including disability retirements, to augment federal social security or other pension plan payments, if any, for the town's regular, full-time, paid employees, whether in the classified service or not, and for the contribution by said employees and the town to a fund from which such allowance shall be paid. The town may enter into a contract with any insurance company authorized to do business in this state for the purpose of insuring the whole or any part of its retirement plan. (Amended, November 5, 2002.)

Sec. 913. Right to organize; strikes.

The right of municipal employees to associate together and to join any lawful organization of their own choosing for the purpose of collective bargaining to the fullest extent authorized and required by the General Laws of Rhode Island is recognized by this Charter and shall not be denied by ordinance and resolutions passed in pursuance thereof. The town council and school committee are empowered to recognize such organizations, negotiate with them, and sign written agreements either directly or through the town administrator or superintendent of schools, as the case may be; provided, that no right whatsoever of employees to strike against the government of the town is herein implied or sanctioned. (Amended, November 5, 2002.)

Sec. 914. Political activity.

No employee of the Town of Middletown shall engage in any inappropriate political activity or hold any elective office in the Town of Middletown provided, however, that this section shall not prevent any town employee from becoming a candidate for any elective office or hold the office of school committee person.

"Inappropriate political activity," for the purpose of this section, is defined as the use of a town employee's position, or authority, powers or influence to promote or advance the election of any candidate for elective office. "Inappropriate political activity" includes the following conduct during the employee's working hours and while the employee is on town property: directly or indirectly asking for votes or other political support; making available political petitions, candidacy papers, or other documents for signature; distributing or making available political leaflets or other campaign literature; wearing campaign buttons, flags, or other emblems associated with a political party or candidate; displaying posters, banners, signs or other political promotions on the employee=s desk or at the employee=s work place where they can be seen by others; displaying political signs other than bumper stickers on their cars while parked on town property; and other similar conduct.

Any person who violates this Section shall be subject to the disciplinary proceedings outlined in Section 910.

(Amended, December 6, 1976; Amended, November 5, 2002.)

Article X. Miscellany.

Sec. 1001. Reserved.

(Deleted, November 5, 2002.)

Sec. 1002. Public records.

All records and accounts of every department and agency of the town, except as hereinbefore provided for with respect to certain school matters, shall be deemed to be public records and shall be open to inspection at a central repository by any citizen of the state without giving any reason therefor, at all reasonable times and under reasonable regulations established by the council, except those records and documents the disclosure of which, in the opinion of the council, would tend to defeat the lawful purpose which they are intended to accomplish, and except such records as are required or permitted by the laws of the state to be kept confidential. (Amended, November 5, 2002.)

Sec. 1003. Conflicts of interest.

No official of the town, elected or appointed, shall utilize his position to forward, directly or indirectly, his personal benefit. In case of personal interest in a proposition before him as a town official, he shall notify in writing the town administrator of the fact and nature of this personal interest.

Sec. 1004. Codification and revision of ordinances.

The council, within two years following the effective date of this Charter, and every tenth year thereafter, shall cause to be prepared a revision or codification of the ordinances of the town which are appropriate for continuation as local laws of the town. Such revision or codification shall be prepared under the supervision of the town solicitor, but the council may authorize the solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes.

Sec. 1005. Annual audit.

Within three months after the beginning of each fiscal year, the council by resolution shall arrange for an annual independent audit of the books, accounts and other evidences of financial transactions of the town, as of the close of the preceding fiscal year, to be conducted either by state auditors or by a certified public accountant holding a certificate from this state and having no personal interest therein. Such examinations shall conform with generally accepted auditing standards. A copy of the audit report shall be filed with the town clerk and shall be a public record.

Sec. 1006. Reserved.

(Deleted, November 5, 2002.)

Sec. 1007. Fees, penalties and payments collected by town officials and agencies.

All fees, penalties and payments collected by town officials or agencies in their official capacities shall be transmitted to the town treasurer to be deposited in the general funds of the town, and the compensation paid to each town official shall be in lieu of all fees, penalties and payments payable to such official in the performance of his duties.

Sec. 1008. Planning board.

The town council shall by ordinance provide for the creation of a planning board, consisting of seven qualified electors appointed by the town council for terms of three years. No member shall serve for more than three consecutive terms without at least a one-year interval before being appointed for an additional term. Persons appointed to the board shall hold no other office in the service of the town. (Amended, November 5, 2002.)

Editor's note. For state law as to municipal planning boards generally, see R.I. Gen. Laws, '' 45-22-1, 45-22-2. As to subdivisions, see R.I. Gen. Laws, ' 45-23-1 et seq.

Sec. 1009. Zoning board of review.

The town council may by ordinance, in accordance with state laws now or hereafter in effect, provide for the creation and selection of a zoning board of review, to perform the duties and exercise the powers of such a board under laws and ordinances relating to zoning now or hereafter in effect. No member shall serve for more than two consecutive terms without at least a one year interval before being appointed for an additional term. The council may, in accordance with laws now or hereafter in effect, provide for the appointment of alternate members of said zoning board of review. The town council shall, at least every five years, review the Zoning Ordinance and Map to determine whether any changes are necessary, or said review may be made by a committee or commission authorized by the council, in accordance with laws now or hereafter in effect, to investigate and make recommendations for any proposed amendments of said ordinance and map deemed necessary. (Amendment, November 5, 2002.)

Editor's note. For state law as to creation, powers, and duties of municipal zoning boards of review, see R.I. Gen. Laws, '' 45-24-13 through 45-24-19. As to zoning generally, see R.I. Gen. Laws, ' 45-24-1 et seq. For state laws as to auxiliary member of municipal zoning board of review, see R.I. Gen. Laws, ' 45-24-14.

Article XI. Inauguration and Succession.

Sec. 1101. Effective date.

All of the provisions of this Charter which do not require validation by the general assembly shall become effective on the first Monday following the certification by the board of canvassers of the adoption of this Charter by the qualified electors of the Town of Middletown; and all officers, including the town administrator, town officers, and heads of departments and agencies, shall be appointed and qualified pursuant to the provisions of this Charter as promptly as possible. Upon the validation of the election procedures by the general assembly the first election of a town council and school committee pursuant to the provisions of this Charter shall be held on the first Tuesday next after the first Monday in November, 1969.

Editor's note. For validation of Charter by general assembly, see P.L. 1969, ch. 52, approved May 2, 1969, set out in div. 2, art. 1 of this part of this Code. Otherwise, the Charter became effective on December 16, 1968.

Sec. 1102. Transfer of appropriations.

The council shall have authority to make any changes or transfers in appropriations existing when this Charter takes effect which may be required for the operation of the town government under the provisions of this Charter.

Sec. 1103. Ordinances to implement Charter.

The town council shall proceed to enact or adopt as promptly as possible all ordinances, resolutions, rules and regulations which may be necessary to implement the provisions of this Charter.

Sec. 1104. Continuation of state laws.

The laws of the state in their application shall continue in effect except insofar as they are incon-sistent with the provisions of this Charter or any legally adopted ordinance of the town.

Sec. 1105. Continuation of ordinances, resolutions, rules and regulations.

All ordinances, resolutions, rules and regulations of the town in force at the time when this Charter takes effect, not inconsistent with this Charter, shall continue in force until amended or repealed.

Sec. 1106. Continuation of tax obligation.

All taxes levied or assessed by the town prior to the effective date of this Charter, which have not been collected by the town, shall be collected with any interest and penalties thereon, by the town government hereby established, in accordance with law.

Sec. 1107. Actions and proceedings pending when Charter took effect.

No action or proceedings, civil or criminal, in law or in equity, pending at the time when this Charter shall take effect, brought by or against the town, or any office, department or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything in this Charter contained.

Sec. 1108. Reserved.

(Deleted, November 5, 2002.)

Sec. 1109. Reserved.

(Deleted, November 5, 2002.)

Sec. 1110. Reserved.

(Deleted, November 5, 2002.)

Sec. 1111. Reserved.

(Deleted, November 5, 2002.)

Sec. 1112. Continuance of contracts and obligations.

All contracts or obligations entered into by the town prior to the effective date of this Charter, or any amendments thereto, shall continue in full force and effect. (Amended, November 5, 2002.)

Article XII. Amendment of Charter; Separability of Provisions of Charter.

Sec. 1201. General provisions.

This Charter may be amended at any time, and shall be reviewed at least every ten years or a new Charter adopted in the manner provided by the Constitution. Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The sections of any amendments in addition to this Charter shall be numbered by the town clerk and inserted in their appropriate places or added to the Charter. (Amended, November 5, 2002.)

Editor's note. For constitutional provisions relating to amendment of municipal charters, see Const., amend. No. 28, ' 8.

Sec. 1202. Form of ballot.

It shall not be necessary for the full text of a charter or amendments to a charter to be printed upon the ballot. Any digest or description thereof 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 voters, the council shall approve the statement of the question as it shall appear on the ballot.

Sec. 1203. Separability.

If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter, nor the context in which such section or part of a section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holdings shall directly apply; and if any section or part of a section concerned with election procedures shall be held invalid by such court, the pertinent election procedures set forth in the laws of the State of Rhode Island shall apply.

Editor's note. This division contains selected acts of the general assembly which relate especially to Middletown, arranged into articles according to their subject matter. Each article begins with a section A1,@ so that any reference to a section in this division should include the article number thereof. The historical citation at the end of each section denotes the year, chapter and section number of the public law from which the section derives.

The frontal section analysis and the article headings are supplied by the editors and are not official; and some of the section catchlines have been altered or supplied by the editors for the purpose of clarification. A uniform system of capitalization has been adopted, words in brackets have been supplied by the editors, punctuation has been supplied in some instances, and some sections have been divided into subsections or paragraphs for which catchlines have been supplied. No change in substance has been made.