N. Smithfield council approves charter questions

NORTH SMITHFIELD – The Town Council has approved the wording of 11 town referendum questions that will appear on the ballot of the Nov. 8 election, including those related to a proposed change from an elected town administrator to a council-appointed administrator and other changes such as a restructuring of school committee and proposed term limits and changes in the requirements for the recall of elected officials. The proposed charter change questions also include one with a lengthy list of modifications to the charter in light of the changes in the town’s form of government and other charter updates. The list of questions was prepared by Town Solicitor David V. Igliozzi after the town council approved the charter changes going onto the ballot on July 26. The first local question on the ballot seeks approval of $1 million in bonding that would be used to fix a trouble waterline in the Mechanic Street and Connector Road neighborhood. Financed through the Rhode Island Infrastructure Bank, the bonding would result in an overall $518,000 charge to the Slatersville Water System under a 20year bond allowing the extension of an 8-inch water main to address groundwater contamination in the neighborhood. Question 2, the first of ten dealing with the proposed changes to the town’s home rule charter, seeks approval for a change making the current elected town administrator a council appointed town employee.

The question reads, “2. Form of Government. Amends: Article I. Basic Provisions; Article IV. Town Council; Article V. Town Administrator; Article IX. Town Clerk; Article XI. Director of Public Safety Commencing on December 1, 2020, shall the form of government be changed from an elected Town Administrator to a Town Administrator appointed by the Town Council, with the following changes being made to the Charter: (a) to provide that there shall be a full-time town administrator who shall be appointed by a minimum 4/5 (four-fifths) vote of the Town Council. The initial employment contract of any appointed town administrator shall not exceed three years; (b) to provide that the town administrator shall possess a bachelor’s degree in public administration, business administration or a related field. A master’s degree in public administration, business management or a related field is desirable. Higher education degrees must be from an accredited college or university. The town administrator shall have at least ten years of progressive managerial and supervisory experience in government or industry which together with an appropriate educational background indicate diverse skills and success in managing personnel, programs and budgets, or any combination of education and experience that is substantially equivalent; (c) to provide that the town administrator shall receive salary and benefits as may be determined by the Town Council according to the person’s experience, education and training. The compensation should be agreed upon before appointment with the understanding that the Town Council may change the compensation at its discretion provided the change does not violate the terms of the employment contract; (d) to perform his/her duties during his/her temporary absence or disability, the town administrator may, with the advice and consent of the Town Council, appoint a qualified administrative officer, not a council member, of the Town as acting administrator. In the event of failure of the administrator to make such designation, the Town Council may by resolution appoint any administrative officer, not a council member, of the Town to perform the duties of the administrator until he or she shall return or his/her disability shall cease. While so acting, he or she shall have the same powers and duties as those given to and imposed on the Town Administrator. The Town Administrator shall submit to a medical exam at the request of the Town Council to determine disability; (e) to provide that in seeking candidates the Town Council shall appoint a search committee of nine members, two of whom shall be members of the Town Council, two of whom shall be members of the School Committee, one of whom shall be a school administrator, one of whom shall be a member of the Personnel Board and three of whom shall be citizens of the Town who are not holding elective office and are not compensated employees of the Town. The Committee may, in its discretion, engage a profession- al search firm and the Council shall appropriate sufficient funds to allow the Committee to engage such firm, to place appropriate advertisements and to meet such other expenses as the Town Council and Committee deem appropriate; (f) to require that the Town Administrator shall devote full time to the business of the Town and shall not hold any other public office, elected or appointed, nor shall the person serving as Town Administrator engage in any other business, occupation or profession unless such action is approved, in advance, by the Town Council. The Town Council may, by ordinance, establish other qualifications for the office of Town Administrator; (g) to provide that the town administrator shall be the chief administrative officer of the town and shall be responsible for the administration of all departments, offices and agencies except as otherwise provided by this charter; (h) to provide that the town administrator shall appoint and remove for cause any officer or employee of the town, with Town Council approval; (i) to require that the town administrator shall notify the Town Council of all his or her recommended appointments, which shall be in writing and filed with the town clerk; (j) to provide that town administrator shall not possess or exercise veto power; (k) to require that the town administrator shall attend all regular Town Council meetings; (l) to provide that the town administrator shall perform such other duties as may be required of him or her by ordinance or resolution of the Town Council as permitted by the employment contract; m) to provide that the Town Council may, by resolution, establish a procedure governing the removal of the Town Administrator in accordance with the terms of his employment contract; n) to provide that there shall be a town clerk who shall be appointed by the Town Council for an indefinite term; o) to provide that the duties of the director of public safety shall be performed by the town administrator, unless directed otherwise by the Town Council; p) to provide that the Town Council President shall preside at meetings of the Town Council and shall be recognized as the head of the Town government for all ceremonial purposes; q) to provide that in the event of a vacancy in the office of town administrator, caused by resignation or death during the period of time from December 1, 2018 until December 1, 2020, the Town Council shall appoint a town administrator to fill such vacancy pursuant to the selection process provided herein; and r) to make additional technical changes to reconcile existing language in the Charter with the change to a Town Administrator appointed by the Town Council? Explanation: If Ballot Question #2 is approved by a majority of the eligible voters, then, the town administrator will be appointed by the town council and will not be elected to a term of office commencing on December 1, 2020.