2014 -- S 2806

Enacted 07/04/14

A N A C T

AMENDING THE CHARTER OF NORTH PROVIDENCE

Introduced By: Senators Ruggerio, Ciccone, E O`Neill, Archambault, and Nesselbush

Date Introduced: March 25, 2014

It is enacted by the General Assembly as follows:

SECTION 1. Article 20 Chapter 1 of Chapter 193 of the 1990 Public Laws entitled "An Act Relating to the Town of North Providence, as amended", is hereby further amended to read as follows:

ARTICLE 20

PURCHASING BOARD

CHAPTER 1

GENERAL PROVISIONS

20-1-1. Organization, Appointment, Term.

The purchasing board shall consist of five (5) members, three (3) of whom shall be appointed by the council for terms of six (6) years. In addition to such three (3) members, the mayor and the director of finance shall also serve as members during their own term in office.

Members appointed to the board shall be persons who have knowledge of purchasing practices as would be necessary to carry out their functions in accordance with section 20-2-1 and 20-2-2 of this article. (90-H 4248 § 15, July 9, 1990)

The purchasing board shall consist of five (5) members, three (3) of whom shall be appointed by the council for terms of six (6) years. In addition to such three (3) members, the Mayor, or his or her designee, and the director of finance shall also serve as members during their term in office.

Members appointed to the board shall be persons who have knowledge of purchasing practices as would be necessary to carry out their functions in accordance with sections 20-2-1 and 20-2-2 of this article.

SECTION 2. Article 20 Chapter 1 of Chapter 237 of the 1973 Public Laws entitled "An Act Incorporating the Town of North Providence", as amended is hereby further amended by adding thereto the following sections:

20-1-2. Meetings.

The board shall hold regularly scheduled meetings and give written notice of regularly scheduled meetings at the beginning of each calendar year. The notice shall include the dates, times, and places of the meetings and shall be provided to members of the public upon request and to the secretary of state at the beginning of each calendar year in accordance with chapter 46 of title 42, "Rhode Island Open Meetings Act."

The board shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours before the date. This notice shall include the date the notice was posted, the date, time, and place of the meeting, and a statement specifying the nature of the business to be discussed. Notwithstanding the aforementioned forty-eight (48) hour notice, this supplemental notice shall be provided to the members of the board at least two weeks (2) in advance of the meeting(s).

In the event of an emergency affecting the public safety, health or welfare, on the written recommendation of the purchasing agent, additional meetings of the board may be held provided that written notice of the meeting, as provided under the Rhode Island Open Meetings Act, as amended, is given.

The board shall hold all meetings at the North Providence town hall. All meetings shall be held on weekdays at 6:00 p.m.

The agenda, the time, and the location of each meeting, except an emergency meeting as hereinabove provided, shall be advertised in a paper of local circulation at least one week prior to the meeting.

20-1-3. Processing prior to requesting bids and upon Submission of Bids.

Prior to sending out the Request For Proposal, the treasurer must approve, in writing, to the purchasing board, a written certification of the line item in the budget that supports the purchase.

All purchases requiring the submissions of bids pursuant to state law or this charter, at the time they are submitted to either the town or the purchasing agent, shall be time stamped by the purchasing agent or the town when submitted. No bid submitted after the time set for submission in the bid specifications shall be considered by the board.

20-1-4. Rules of the Board.

The board shall, annually, adopt rules of procedure of the board to be followed by the board in carrying out its duties and powers under the town charter and state law and submit said proposed rules to the town council for approval.

20-1-5. Enforcement of Provisions of Article 20.

Notwithstanding the general penalties of violation of the town charter set forth in §24-6-1, the North Providence town council is further authorized to seek injunctive relief or an order to cease and desist within the courts of the State of Rhode Island to prohibit and restrain the board or a particular individual who or that is in violation of any portion of Article 20 of this charter. If a conflict exists with regard to the penalties and authorized actions set forth herein and the penalties and authorized actions set forth in §24-6-1, the penalties and authorized actions of this section shall be controlling.

SECTION 3. This act shall take effect upon passage.

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LC005284
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