(a) The qualified electors of the town shall have the right to demand a hearing before the Town Council regarding alleged violations of the Charter. A qualified elector of the town may file a sworn statement in the office of the town clerk charging that:
(1) An elected or appointed official or member of a board or commission of the town is serving in office in violation of the provisions of the Charter; or
(2) That any elected or appointed official or member of any board or commission, or that any official body, board or commission in its corporate capacity, or any town employee, has knowingly taken an action in his/her official capacity in violation of any of the terms or provisions of the Charter, or of any ordinance, rule, or regulation adopted under the authority thereof.
(3) Any such statement shall set forth the particulars as to the charges made. A "sufficiently set forth" complaint shall specify: (1) the section or sections of the Charter which are alleged to have been violated; (2) the nature of the violation; and, (3) the person, persons, or body alleged to have committed the violation.
(4) If the Town Solicitor determines that the charges are "sufficiently set forth," or, if the statement referred to above is accompanied by a petition signed by two hundred fifty (250) qualified electors of the town, the Town Clerk shall schedule a public hearing before the Town Council acting in its capacity as the Charter Monitoring and Complaint Review Board (the "Review Board"), such hearing to be held no later than sixty (60) days from the date on which the charges were filed. If the Town Solicitor fails to find that the charges are "sufficiently set forth," or if the statement is not accompanied by a petition signed by two hundred fifty (250) qualified electors of the town, he/she shall so notify the complainant in writing, providing the reason(s) for dismissal of the complaint.
(5) If the complaint is against the Town Clerk, the Town Administrator shall fulfill the duties of the Town Clerk regarding scheduling of the public hearing as presented above.
(b) Action by the town:
(1) At the public hearing, the Town Council, acting as the Review Board, shall receive testimony from the complainant and from the official, board, or commission, or members of the official body against whom or which the charges were made, and from such witnesses as either party may bring forward. In the event that the complaint is against a member of the Town Council, such member shall not take part in the review of the complaint.
(2) If, following the hearing, the Review Board, by no fewer than the affirmative vote of two-thirds (2/3) of the members present and voting, concludes that the charges have been supported by the testimony and evidence, it shall consider an appropriate sanction. Such a sanction may include public censure, and for appointees and employees of the town, termination or suspension from employment. Further, a violation of this Charter may be punishable by a fine not to exceed Five Hundred ($500.00) Dollars the limit set by state law.
(c) Construction of this article: The provisions of this article are in addition to, and do not supplant, any rights, duties or obligations provided by the laws of the United States, or the State of Rhode Island. Nothing contained in this article shall be construed to limit or affect any constitutional, statutory, or common law right or protection granted to the qualified electors of the town.
(Amended November 8, 2016.)