We, the people of this State which state shall henceforth be known as the state of Rhode Island, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same, unimpaired, to succeeding generations, do ordain and establish this Constitution of government.
HOME RULE FOR CITIES AND TOWNS
It is the
intention of this article to grant and confirm to the people of every
city and town in this state the right of self government in all local matters.
Every city and town shall have the power at any time to adopt a charter,
amend its charter, enact and
amend local laws relating to its property, affairs and government not
inconsistent with this Constitution
and laws enacted by the general assembly in conformity with the powers reserved to the general assembly.
Notwithstanding
anything contained in this article, every city
and town shall have a legislative body composed of one or two branches elected by vote of its qualified electors.
The
general assembly shall have the power to act in relation to the property, affairs
and government of any city or town by general
laws which shall apply
alike to all cities and towns, but which shall
not affect the form of government of any city or town.
The general assembly
shall also have the power to act in relation to the property, affairs
and government of a particular city or town provided that such legislative action shall become effective
only upon approval
by a majority of the qualified electors of the said city or
town voting at a general or special election, except that in the case of acts involving the imposition of a tax or the expenditure of money by a town
the same shall provide for the submission
thereof to those electors in said town qualified to vote upon a proposition to impose a tax or for the expenditure of money.
Nothing contained in this article
shall be deemed
to grant to any city or town the power to levy, assess and collect taxes or to borrow money,
except as authorized by the general assembly.
Every city and town shall have the power to adopt a charter
in the following manner:
Whenever a petition
for the adoption
of a charter signed by fifteen
percent of the qualified electors
of a city, or in a town by fifteen percent, but not less than one
hundred in number, of those persons qualified to vote on any proposition to impose a tax or for the expenditure of money shall be filed
with the legislative body of any city
or town the same shall be referred forthwith to the canvassing authority
which shall within ten days after its receipt determine
the sufficiency thereof
and certify the results to the legislative body of said city or town.
Within sixty days thereafter the legislative body of a city shall submit to its qualified electors
and the legislative body of a town shall
submit to the electors of said town qualified to vote upon a proposition to impose a tax or for the expenditure of money the following question: Shall a commission be
appointed to frame a charter? and the legislative
body of any city or town shall provide by ordinance or resolution a method
for the nomination and election of a charter
commission to frame a charter consisting in a city of
nine qualified electors and in a town of
nine electors of said town qualified to vote upon a proposition to impose a tax
or for the expenditure of money who shall be elected at large without party or political designation
and who shall be listed alphabetically on
the ballot used for said election. Such ordinance or resolution shall provide for the submission of the question
and the election
of the charter commission at the same time. Upon approval of the
question submitted the nine candidates who individually receive
the greater number of
votes shall be declared elected and shall constitute the charter commission.
Within one
year from the date of the election of the charter commission the charter framed by the commission shall be submitted
to the legislative body
of the city
or town which
body shall provide
for publication of said charter and
shall provide for the submission of said
charter to the electors of a city or town qualified to vote for general state officers at the general
election next succeeding thirty days from the date of
the submission of the charter
by the charter commission. If said
charter is approved by a majority of said electors
voting thereon, it shall
become effective upon the date fixed therein.
The
legislative body of any city or town may propose amendments to a charter which amendments shall be submitted
for approval in the
same manner as provided in this article
for the adoption of a charter
except that the same may be submitted at a special election, and provided further that in the case of a
town, amendments concerning a proposition to impose a tax or for the expenditure of money, shall be submitted at a special or regular
financial town meeting.
Whenever the legislative body of any city or town consists
of more than one branch, a
petition for the adoption of a charter as provided in this article may be filed with either branch of said
legislative body.
Duplicate certificates shall be made setting forth the charter
adopted and any amendments approved and the same shall be signed by a majority of the canvassing authority;
one of such certified copies shall be deposited
in the office of the secretary
of state and the other after
having been recorded in the records of the city or town shall be deposited among the archives
of the said city or town and all courts shall take judicial notice thereof.
The
judicial powers of the state shall not be diminished by the provisions of this article.