The inhabitants of the Town of Little Compton in the State of Rhode Island, 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, under the name of the Town of Little Compton in perpetuity, to be governed under the provisions of this Home Rule Charter as adopted and as it may be amended.

Section 102. Powers of the Town.

The Town shall have all powers possible for a town to have under the Constitution and laws of this State, now or as amended in the future, as fully and completely as though they were specifically enumerated in this Charter. All powers which the Town may exercise shall be construed liberally in favor of the Town, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power stated in this article.

Section 103. Town Property.

The Town may acquire property within or without its corporate limits for any municipal purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise or lease, and within its limits by condemnation as such takings may be authorized by law, and may sell, mortgage, exchange, hold, manage and control such property as its interests may require, provided that any such acquisition, or any sale, mortgage, exchange, or lease of real property shall, exclusive of acquisitions by the Little Compton Agricultural Conservancy Trust as hereinafter set forth, be approved by the Financial Town Meeting.

Section 104. Intergovernmental Relations.

The Town may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more towns or civil divisions or agencies thereof, or any other State, or the United States or any agency thereof, provided that any such contract or agreement is in accord with applicable State law and Constitutional provisions and is approved by the Financial Town Meeting upon recommendation of the Town Council.

ARTICLE II Elections

Section 201. Election Laws and Conduct of Elections.

The provisions of the Constitution and General Laws of the State, now or hereafter in effect, pertaining to elections, special, general and primary, and also any special acts pertaining to elections in the Town of Little Compton, 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.

Section 202. Canvassing Authority.

There shall be a bipartisan canvassing authority, to be called the Board of Canvassers, of three members who are qualified electors of the Town, not more than two (2) of whom shall belong to the same political party. The President of the Town Council shall nominate the members of the canvassing authority to the Council from lists of party voters submitted by the respective chairmen of the Town political committees. If the Council shall refuse to approve the nomination of any person so nominated, the President shall submit another person named on one of the lists until a person shall be appointed. If the chairman of the Town committee of a political party entitled to an appointment shall fail or refuse to submit a list as aforesaid, the President shall nominate any party voter of that political party. The Council may appoint, in the same manner as aforesaid, two (2) alternate members, not more than one (1) of whom shall belong to the same political party, to serve in the absence of a member. An alternate so serving shall be of the same political party as the absent member. In the event of a vacancy in the membership of the Authority, the Council shall appoint the alternate member who is of the same political party as the member to be replaced and appoint a new alternate member, or if no alternate member is available for appointment, the Council shall appoint a member following the procedure provided in this Section. All such appointees shall serve for the balance of the unexpired term.

A. Each member of the Board of Canvassers shall be appointed to serve for a term of six (6) years beginning on the first Monday of March succeeding the date of his or her appointment and until his or her successor is appointed and qualified. No person may serve on the Board who is an officer or employee of the United States or of the State or of any City or Town of the State, or is a candidate for any public office.

B. The Board of Canvassers shall be vested with all of the powers and duties now or hereafter vested by law in the canvassing authority of the Town. All members of the Board of Canvassers shall continue in office as members thereof until the expiration of the terms for which they were respectively appointed.

Section 203. Initiative and Referendum.

A. The electors of the Town shall have the right to participate directly in the making of policy decisions by petition and direct vote, in the following ways:

(1) Initiative.

The electors of the Town may propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to have the authority to adopt said ordinance at a special or general election, provided however, that such power shall not extend to the comprehensive plan or to zoning;

(2) Referendum.

The electors of the Town shall have power to request reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal the ordinance upon such request, to repeal it at a special or general election, provided however, that such power shall not extend to the comprehensive plan or to zoning.

B. Any five (5) qualified electors of the Town may commence action pursuant to one of the procedures outlined in Subsection A hereof by filing with the Town Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form. The affidavit shall state the names and the addresses of said electors, specify the address to which all notices to the committee are to be sent, and set out in full the proposed initiative, or referendum that is the subject of their petition. Promptly after the affidavit is filed, the Town Clerk shall issue the appropriate petition blanks to petitioners' committee.

C. The petitions shall be signed and filed and Council action taken thereon in the following manner:

(1) All such petitions must be signed by ten percent (10%) of the electors registered to vote on the date on which the petition blanks are issued to the petitioners' committee by the Town Clerk. The petitioners shall have thirty (30) days from date of issue to collect the necessary signatures and file the completed petition with the Town Clerk, who shall transmit it immediately to the Board of Canvassers for signature verification. If the petition is determined to have sufficient valid signatures, the Board shall so certify to the Town Clerk.

(2) When an initiative or referendum petition has been certified as having sufficient signatures, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance, in the same manner as provided for adoption of an ordinance proposed by a member of the Council. If the Council fails to adopt a proposed initiative ordinance without any change in substance, or fails to repeal the referred ordinance, as the case may be, within forty-five (45) days after the date the petition is certified, the Council shall cause the proposed or referred ordinance to be placed before the electors of the Town for a vote as provided in Subsection D below.

D. Any petition to initiate an ordinance or to repeal an ordinance upon which the Council has not acted favorably shall be placed before the electors for a vote at the next general election if one is scheduled to be held ninety (90) days or less following Council action thereon, or at a special election called for the purpose. Any such special election shall be scheduled to take place no less than forty-five (45) nor more than sixty (60) days following Council action. All petitions provided for under the terms of this Section for which sufficient signatures have not been gathered shall be null and void.

E. The results of the vote of the electors on any petition placed before them under the terms of this Section shall be as follows:

(1) If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results, and it shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council, provided however, that any ordinance enacted pursuant to the initiative procedure shall not be repealed, or amended as to substance, less than one (1) year following its adoption. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(2) If a majority of the qualified electors voting on a petition to repeal an ordinance vote for repeal, it shall be considered repealed upon certification of the results of the election. No ordinance so repealed shall be re-enacted by the Council less than one (1) year following its repeal.

Section 204. Elections to Office at Town Meeting.

In instances in which this Charter provides that there be elections to Town offices conducted at the annual Financial Town Meeting, such elections shall be conducted as herein provided. All such elections shall be by paper ballot and all candidate names listed on such ballots shall carry no other identification besides their addresses. Electors wishing to become candidates for offices to be filled at the Financial Town Meeting shall declare their intent in writing to the Town Clerk no later than twenty-one (21) days prior to the date of the election. The Town Clerk shall publish at least twice the names of all such candidates prior to the date of the Town Meeting. The Board of Canvassers shall prepare an appropriate ballot to be provided to electors upon their entrance into the voting area at the Town Meeting. The elector shall vote the ballot before leaving the voting area. The elector may vote by entering the voting area, at their convenience, at any time following the opening of the meeting place for the transaction of the Town Meeting and for one-half hour after the adjournment of the Town Meeting. Vacancies occurring in any such office following election as provided herein shall be filled for the remainder of the term by the unelected candidate for the vacated position with the highest number of votes from the most recent election to that position for Budget Committee or Beach Commission as appropriate, or if that person is unavailable or unwilling to serve, shall be filled by the Town Council. (Reso. 7/11/02; approved at election of 11/5/02; Reso. 7/6/06; approved at election of 11/7/06)

ARTICLE III Financial Town Meeting

Section 301. Date and Purpose of Financial Town Meeting.

A. The electors of the Town of Little Compton shall assemble annually in Financial Town Meeting at a date, time and place to be established by the Town Council, said date and time to be set by the Council no later than February 1st of each year, with the meeting to take place during the third full week in May. The purpose of the annual Financial Town Meeting shall be for the imposing of a tax, for providing for the expenditure of such sums of money as may be necessary to pay the Town's debts and interest thereon, for the support of Town services for the ensuing fiscal year, for the expenditure of funds from any source for all other lawful purposes, and for transacting such other business as may lawfully come before such meeting.

B. No money shall be drawn from the general fund, nor from moneys in any other Town fund, during the fiscal year, except pursuant to appropriations made at the annual or at a special Financial Town Meeting, subject to the exception provided for emergency appropriations in Section 508 below. Funds received by and under the control of the Agricultural Conservancy Trust shall not be subject to this requirement for annual appropriation or reappropriation. This subsection shall not be interpreted to restrict the Town Treasurer from making transfers of funds for investment purposes. The general fund is hereby defined as the general Town account into which all receipts are deposited and from which moneys are withdrawn pursuant to Town meeting appropriations, as distinguished from any and all specially designated funds established by or with the approval of the Town meeting as the depository for moneys received and to be expended for specifically designated purposes.

Section 302. Recessed and Special Town Meetings.

The annual Financial Town Meeting may be recessed to a subsequent date by vote of the electors present. Any such recessed Financial Town Meeting shall be reconvened one week after the date of the original Financial Town Meeting, and, as may be necessary, at one week intervals thereafter. Special Town meetings may be called by the Town Council or by petition of ten percent (10%) of the electors of the Town and shall be warned and limited as to subjects to be considered as provided in State law, pursuant to the provisions of Chapter 3, Title 45, Sections 6 and 7 of the General Laws. (Reso. 7/6/06; approved at election of 11/7/06)

Section 303. Town Moderator.

There shall be a Town Moderator, who shall be elected at the general election in each even numbered year, to serve for a term of two years and until his or her successor is elected and qualified. By the last day of January of the year following each general election the Town Council shall appoint with the approval of the Moderator an Assistant Town Moderator to serve for a term concurrent with that of the Moderator, who shall perform the duties of Moderator at any time that the Town Moderator is unable to serve or upon the request of the Town Moderator. The Assistant Town Moderator shall be an elector of the Town. The Town Moderator, or the Assistant Town Moderator as aforesaid, shall preside at all regular and special Town meetings. If both Moderator and Assistant Moderator are unable to preside, the Town Council shall appoint an interim Moderator who shall serve until either the elected Moderator or Assistant Moderator are able to resume their position during their term of office. (Reso. 7/6/06; approved at election of 11/7/06)

Section 304. Notice and Agenda for Meetings.

The warrant for any Town meeting shall be prepared and the meeting shall be warned as provided by law. Warrant items may be grouped to be moved and voted on as a unit, provided however, that the Town meeting may amend or vote separately on individual items in such grouping. The order of items to be considered at the meeting may be changed by a two-thirds vote of the electors present and voting. The listing and text of the warrant items to be voted on shall be posted with the warrant. The format of the Budget Committee report as supplied to the electors shall conform to the listing of warrant items which shall have been determined as aforesaid.

Section 305. Conduct of Meetings.

The Town Moderator shall have all of the authority conferred upon moderators by State law in conducting and managing the business of Town meetings. The quorum for any Town meeting shall be five percent (5%) of the electors of the Town of Little Compton. Pursuant to the State open meetings law, the Moderator shall grant permission for the admission of persons who are not electors of the Town, provided however, that all such persons may be seated in an assigned area apart from the seating for electors, and shall have no right to vote, and no right to speak except with the specific permission of the Moderator.

Section 306. Proposals for Expenditure Outside of Budget.

No proposal for the expenditure of money, other than those contained in the budget as compiled from the Town officer's and departmental requests shall be acted upon by the Town Meeting unless it shall have been presented in a petition signed by no less than fifty (50) electors of the Town no later than the sixth day of March, except to include no fewer than five (5) business days from the March 1st deadline established in Section 503 of this Charter. All such petitions and proposals for expenditure shall indicate the agency or organization for which the appropriation is requested and the specific purposes, in the form of a line item breakdown where appropriate, for which the request for appropriation is being made. The petitions and proposals shall be reviewed by the Budget Committee and recommendations thereon shall be included in the Budget Committee report, and shall appear in the posted list of warrant items, and identified as a citizen stroke. (Reso. 7/20/00; approved at election 11/7/00)

ARTICLE IV Town Council

Section 401. Composition, Election and Terms.

There shall be a Town Council of five members, elected at large by the qualified electors of the Town, each to serve for a term of two years, and until his or her successor is elected and qualified.

Section 402. Manner of Election; Qualifications.

The election of members of the Council shall be held on the first Tuesday after the first Monday in November in each even numbered year, in the manner provided for in the election laws of the State. All candidates for Council member must be qualified electors of the Town, and residents thereof, and must remain qualified electors and residents throughout their term of office. The terms of members of the Council shall begin upon the issuance of their certificates of election. The five candidates receiving the greatest numbers of votes shall be elected. Outgoing Council members shall offer full cooperation to their successors and shall observe the principle that all files, records and documents defined as public records in the open records legislation of the State, which they used during their tenure, are the property of the Town and are to be conveyed in good order to their successors.

Section 403. Compensation and Expenses.

The members of the Council shall receive such compensation as shall be fixed by the Financial Town Meeting and such benefits as the Town meeting may provide pursuant to the provisions of this Charter. Council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office as requested upon vouchers approved by vote of the Council.

Section 404. President and Vice President.

The Council shall elect from among its members a President and a Vice President, each of whom shall serve at the pleasure of the Council. The President shall preside at all meetings of the Council and shall be recognized as the head of the Town government for ceremonial purposes and by the Governor for purposes of military law. The Vice President shall act as President during the absence of the President. (Reso. 7/6/06; approved at election of 11/7/06)

Section 405. Eligibility of Council Members; Town Employment.

No person, with the exception of members running for reelection, shall be eligible for election to the Council if he or she holds any paid public office or employment in the Town as of the certification of his or her election. A Council member shall not be eligible for appointment to any paid office or employment in the Town during the term for which he or she was elected to the Council nor for one (1) year thereafter. A Council member may hold elective Town office immediately succeeding his or her term on the Council.

Section 406. Council Vacancies.

In the event that the office of a Council member shall become vacant following election as provided herein, such vacancy shall be filled for the remainder of the term by the unelected candidate for the vacated position with the highest number of votes from the most recent election for such office, or, if that person is unavailable or unwilling to serve, shall be filled by the Town Council. (Reso. 7/11/02; approved at election 11/5/02; Reso. 7/6/06; approved at election of 11/7/06)

Section 407. Forfeiture of Office.

The grounds and procedures for forfeiture of Council office shall be as follows:

A. A Council member shall be required to forfeit his or her office if he or she: (1) ceases at any time to fulfill any of the qualifications for the office prescribed by this Charter or by State law, (2) is disqualified from holding office under the terms of Section 1007 B. of this Charter, or (3) attends no regularly scheduled Council meeting for a period of three (3) consecutive months without being excused by vote of the Council. The remaining members of the Council shall fill any vacancy caused by such forfeiture or disqualification from office in the manner set forth in Section 406 above.

B. The Council shall be the judge of the qualifications of its members, or as to whether grounds for forfeiture of the office of any member exist, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member whose qualification for office or forfeiture of office is at issue, shall be entitled to demand a public hearing, and notice of such hearing shall be published at least one week in advance. Decisions made by the Council under this section shall be subject to review by the courts.

Section 408. Meetings and Procedures.

The first meeting of a newly elected Council shall be held on the first Thursday following the certification of the election of a majority of its members by the canvassing authority. The Town Clerk shall preside until the selection of a Town Council President. The Council shall determine and give notice of the time, place and dates of its regular meetings for the ensuing calendar year, which shall be held at least once each month. The posting of notice of all meetings, including special meetings, shall be in accordance with State law. The Town Clerk shall serve as clerk of the Council. The Council President shall at all times have the same right to vote on matters before the Council as any other member, and may make and second motions. The Council shall adopt and may amend its own rules, and shall make reasonable provision to allow persons in attendance at its meetings opportunity to speak. A quorum for Council meetings shall consist of three members; and a minimum of three affirmative votes shall be required for the adoption of any ordinance. The Council may adopt a designated parliamentary manual for use to supplement its own rules.

A. Special meetings of the Council may be called by the President, and shall be called by the President upon receipt of written requests for a special meeting from two Council members. All Council members shall be notified of any special meeting and of the business to be conducted thereat by letter delivered by registered mail or by messenger at their places of residence at least forty-eight (48) hours in advance, unless an emergency requires the more rapid convening of a meeting.

Section 409. Legislative Powers; Ordinances.

The Council shall have the power 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, to provide reasonable penalties as allowed under State law for the violation of any ordinance; and to exercise all additional powers, consistent with the Charter and the laws and constitution of the State. All the legislative powers vested in the Town by State law and the Constitution shall be exercised by the Town Council except those reserved to the Financial Town Meeting and to the people through the initiative and referendum procedures.

Section 410. Procedure for Adopting Ordinances.

Ordinances of the Town and amendments thereto shall be adopted by the Council in accordance with the following procedure and any additional procedures required by State law:

A. A proposed ordinance or amendment to an existing ordinance may be introduced by any member of the Council at any regular or special meeting. Upon introduction, and if seconded, any proposed ordinance shall be distributed to the members, a copy filed in the office of the Town Clerk, and the text published. In the case of amendments to ordinances, if seconded upon introduction, the Town Clerk shall distribute copies as aforesaid, and shall either post or publish the text as the Council may direct in each instance.

B. At the meeting at which a proposed ordinance or amendment to an existing ordinance is introduced, the Council shall cause a copy to be provided to the Town Solicitor for his or her review as to form and legality, and shall make provision for holding a hearing thereon as the first item of business at its next scheduled meeting, provided that such hearing shall occur at least five (5) business days following publication of the text thereof.

C. The Council may adopt any ordinance or amendment to an existing ordinance following the hearing thereon at the same meeting, or at a subsequent meeting, provided however, if the proposed ordinance or amendment is substantially altered following the hearing thereon, the altered portion of the ordinance or amendment must be published, and subjected to a hearing as provided above before final adoption by the Council. (Reso. 7/6/06; approved at election of 11/7/06)

Section 411. Emergency Ordinances.

The following ordinance procedure may be used in times of public emergency:

A. The Council may adopt one or more emergency ordinances when necessary to protect life, health, property and the public peace. An emergency shall be defined as a situation wherein the public health, safety and/or general welfare of the Town are imminently imperiled by an unusual or unforeseen circumstance. In such a case the Council may suspend the provisions of Section 410 above in whole or in part to deal with the emergency by ordinance. Any such ordinance shall define clearly and specifically in its text the nature of the emergency at which it is directed and the necessity for the action provided for. Only emergency ordinances clearly essential to deal with the situation shall be enacted under suspension of Section 410.

B. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally and may be adopted with or without amendment or may be rejected at the meeting at which it is introduced. Adoption shall require the vote of at least three (3) members of the Council.

C. All emergency ordinances shall become effective upon adoption or at such later time as may be specified therein and shall automatically stand repealed as of the sixty-first (61st) day following the date on which they took effect but may be reenacted in the manner specified in this Section for a period of no more than sixty (60) additional days if the emergency still exists. An emergency ordinance may also be repealed by a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

Section 412. Investigations.

The Council may in the interest of the Town make investigations into the affairs of the Town and the conduct of any Town department, office or agency, with the exception of the School Committee and school department, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.

Section 413. Additional Council Responsibilities.

It shall be the duty and responsibility of the Council to:

A. Make all necessary arrangements, by contracting with an appropriate firm specializing in said work, or otherwise, to keep the codified ordinances of the Town up to date through a system which shall provide the texts of new or revised ordinances for insertion therein no later than one year following passage.

B. Approve every proposal for borrowing moneys for which the credit of the Town will be pledged, including any and all proposals which call for the issuance of bonds or notes, or the entering into of any lease purchase or similar agreements which extend beyond a single fiscal year, and shall arrange for approval thereof by the electors of the Town either at a regular or special Town meeting or at a Town-wide referendum held at a general or special election, as may be appropriate or required by State law. The credit of the Town shall not be pledged unless a majority of the electors present and voting at such Town meeting or voting at such referendum shall have approved thereof; provided however, that the Council may, as permitted by State law, authorize borrowing in anticipation of taxes or of Federal or State grants, subject to any limit for such borrowing set by a regular or special Town meeting.

C. Provide for an independent annual audit by a certified public accountant of all Town accounts, such audit to conform with the requirements of State law for such annual audits, with generally accepted auditing standards, and shall require the inclusion by the auditors of their informed opinion of the financial practices and accounts of the Town. Such annual audit shall be completed and filed with the Town Council no later than six (6) months after the close of the fiscal year, and a copy be filed with the Director of Administration and with the Auditor General of the State. The Council may provide for such additional audits as it may deem appropriate and for which the Town meeting may have made appropriation.

D. Serve as licensing authority of the Town and as such to exercise all authority conferred upon towns, or which may be exercised by towns, under State law, to issue licenses and permits for the conduct of businesses or professions, or for all other purposes as authorized by law, and to make necessary rules and regulations pertaining thereto.

E. Ensure compliance with the Charter by all Town officials, departments and agencies and to establish a process for review of complaints of non-compliance from qualified electors of the Town.

ARTICLE V Financial Procedures

Section 501. Fiscal Year.

The fiscal year of the Town shall begin on the first day of July and end on the last day of the following June, provided however, that the Financial Town Meeting, upon recommendation of the Town Council, may change the dates of the fiscal year.

Section 502. Budget Committee.

A. There shall be a Budget Committee of five (5) members, elected at the Financial Town meeting for two (2) year terms. However, their terms shall be staggered, such that two (2) members shall be elected in each even numbered year and, three (3) members shall be elected in each odd numbered year. Members of the Town Council and members of the School Committee shall be ineligible to serve as members of the Budget Committee. When elected and qualified the members of the Committee shall elect one of their number as chairman and another as clerk.

B. The Budget Committee shall have primary responsibility for the evaluation of all requests for appropriation by the Financial Town Meeting or by any special Town Meeting, and for presenting a proposed budget to the Annual Financial Town Meeting. The Committee shall have the authority to recommend the increase, decrease or elimination of any request for appropriation or line item therein, including those requests contained in citizen petitions pursuant to Section 306 above, provided however, that all requests shall be placed in the Budget Committee Report with indication of the Committee's recommendation. Regarding the request for appropriation from the School Committee, the Budget Committee shall have the authority to recommend increase or decrease of the total request only. The Budget Committee shall also have the authority to:

1. demand, subject to state and federal laws concerning privacy and access to public records, any and all books, records, and correspondence relative to the expenditure of town monies in the custody of any department of the town which in its opinion are necessary to properly prepare a budget for the expenditure of town funds;

2. recommend changes in compensation for any elected officials of the Town to that official by February 1st;

3. prepare a capital expenditure program for the Town, pursuant to the provisions of Section 505 of the Charter. (Reso. 7/20/00; approved at election 11/7/00; Reso. 7/11/02; approved at election 11/5/02; Reso. 7/6/06; approved at election 11/7/06)

Section 503. Preparation of the Budget.

All budget requests from Town officials, departments and agencies shall be submitted to the Budget Committee not later than March 1st through the Town Clerk, provided however, that all such requests from appointed Town officials, departments, boards, committees, and agencies under the jurisdiction of the Town Council shall first be submitted to the Town Council upon such date prior to March 1 as the Council shall determine. Each such request shall be accompanied by a breakdown of its proposed expenditures with appropriate supporting information and, if applicable, estimates of revenues during the fiscal year. The budget prepared by the Committee shall show its proposed appropriations for each official, department and agency by line item, and the total revenue that will be required to fund the budget. During its deliberations the Committee shall invite the sponsor of each request for appropriation to explain and justify such requests. At an appropriate point or points in the process the Budget Committee shall invite the Council to meet with it to consider the overall budget, revenue prospects, and such detailed questions as either body may care to raise. (Reso. 7/6/06; approved at election 11/7/06)

Section 504. Public Hearings on Budget.

The Budget Committee, with the Council in attendance, shall hold a public hearing on its preliminary recommended budget prior to final adoption for presentation to the Financial Town Meeting, which hearing shall take place no more than twenty (20) nor less than fourteen (14) days prior to the date for said meeting. At least ten (10) days prior to the date for the Financial Town Meeting the Council shall cause to be published in a newspaper of general circulation in the Town a summary of the proposed budget as adopted for presentation to the Financial Town Meeting, as prescribed in the State Property Tax and Fiscal Disclosure Law. The Council shall insure that all other provisions of said Law, and the provisions of State law pertaining to the maximum tax which towns may levy, as the said laws may be amended from time to time, are complied with. Copies of the Budget Committee report as it is to be presented to the Financial Town Meeting shall be mailed to the electors of the Town no later than ten (10) days prior to the date of said meeting. (Approved at election 11/2/04)

Section 505. Capital Program.

The Council shall provide by ordinance for the orderly review and preparation by the Budget Committee of a multi-year program for capital expenditure by the Town. Such ordinance shall provide for projections and planning by Town departments, offices, boards, commissions and other agencies, and adoption by the Council after public hearing.

Section 506. Purchases and Accounting Control.

The Council shall appoint a purchasing agent for the Town, and may do so by designating a present Town official to assume this additional responsibility. The Council shall also provide by ordinance policies and procedures to govern the making of purchases by and on behalf of the Town, in conformity with Title 45, Chapter 55 of the General Laws relating to the award of municipal contracts, and other applicable provisions of State law. Such policies and procedures shall be designed to insure that Town funds are expended in the most efficient and economical manner possible, and to provide maximum value per dollar expended in all purchases of goods and services.

A. The purchasing procedures shall require that all purchases and contracts executed on behalf of the Town in excess of one thousand dollars ($1,000) be made pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged and no contract or order shall be issued until the Treasurer shall have certified that there is sufficient appropriation balance as of last posting to the credit of such office, department or agency to pay for the supplies, material, equipment or contractual services for which the contract or order is to be issued. The Council shall not authorize final payment in any such instance until it is satisfied that proper procedures have been followed and payment is in order.

B. All applicable requirements of State law, specifically Title 45, Chapter 55 shall be observed by the Town and shall be incorporated into its formal purchasing procedures, provided however, that all purchases for a single item or order in an amount exceeding five thousand dollars ($5,000), or for a single construction project to cost an amount exceeding five thousand dollars ($5,000), shall be made or the contract let through the sealed bid process or one of the alternative procedures provided in the chapter cited above. Purchases in amounts of less than five thousand dollars ($5,000) may be made pursuant to such small purchases regulations as the Council shall adopt.

C. Any contract, verbal or written, made in violation of any provision of this Charter or of any regulation made under the authority thereof, or of applicable State law, shall be null and void.

Section 507. Budget Administration; Lapse of Appropriations.

Every appropriation, except those for capital expenditure, or those authorized from specially dedicated funds, shall lapse at the close of a fiscal year and any unexpended or unencumbered balance revert to the general fund. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned.

Section 508. Emergency Appropriations.

To meet a public emergency as defined in Section 411 A. above, the Council may make emergency appropriations using the emergency ordinance procedure set forth in Section 411. To the extent that there are not available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but shall be liquidated not later than the end of the fiscal year next succeeding that in which the emergency appropriation was made.

Section 509. Fees Paid to the Town.

All fees received by any office or employee of the Town shall belong to the Town and shall be recorded, receipted for and conveyed at such intervals as the Council may require to the Town Treasurer for deposit in the general fund or in such specifically designated funds as may have been established by the Financial Town Meeting, except as otherwise provided in this Charter.

Section 510. Budget Adjustments.

Upon the request of any department head, office, commission or other unit of Town government, other than a unit not under the jurisdiction of the Town Council, the Town Council may, during the last quarter, move no more than ten (10) percent of any line item to another line item within said department’s budget to cover a shortage of funds. Any such transfers will be reported in the yearly reports of both the Town Treasurer and Town Auditor. (Reso. 7/20/00; approved at election 11/7/00)

Section 511. Council Discretionary Fund.

There shall be included by the Budget Committee in the budget to be proposed to the Financial Town Meeting a line item to provide a discretionary fund to be used by the Council to meet unanticipated expenses for which there is no provision or insufficient provision in the budget as adopted, or to meet emergency needs for expenditure which might arise during the fiscal year. (Reso. 7/20/00; approved at election 11/7/00)

Section 512. Reserve Fund.

There shall be established by the Financial Town Meeting a fund to be designated the Reserve Fund into which there may be transferred from time to time by vote of the Town meeting the whole or any portion of the surplus funds which the Town may have at the end of any fiscal year, or to which direct appropriations may be made. The purpose of the Reserve Fund shall be to make moneys available for temporary borrowings in anticipation of taxes, or to meet a budget shortfall caused by emergency or unforeseen circumstances, or for capital expenditures, but for no other purpose. The Council may authorize borrowing from the Reserve Fund in anticipation of taxes or to cover a departmental shortfall within such limits as the Financial Town Meeting shall have set, provided however, that such borrowings shall be repaid to the Fund at the latest by appropriation at the next Financial Town Meeting. Moneys from the Reserve Fund may be used for capital expenditures only with the specific authorization of the Financial Town Meeting. The Town Treasurer shall have the authority, with the app