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ARTICLE IX. PERSONNEL DEPARTMENT*
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*Cross reference(s)-- City departments, Art. X; general provisions for departments, § 1201.
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901. Personnel department.
There shall be a personnel department, the head of which shall be the director of personnel, who shall be a person holding at least a bachelor's degree from an accredited college or university, and who shall have had a minimum of five (5) years' experience in personnel management of an employment system, or an equivalent combination of training and supervisory experience. The personnel department shall be responsible for instituting and operating a personnel management system for the city in accordance with the provisions of the following sections of this article.
902. Personnel policy.
There shall be established a personnel management system based on these principles:
(a) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills. Equal opportunity shall be given to all qualified applicants for appointment;
(b) Providing equitable and adequate compensation;
(c) Training employees, as needed, to assure high quality performance;
(d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(e) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, physical handicap, age or marital status, and with proper regard for their privacy and constitutional rights as citizens;
(f) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with the result of an election or a nomination for office.
903. Director of personnel; duties and powers.
The director of personnel shall, after consultation with department heads and in accordance with state law or applicable collective bargaining agreements:
(a) Make annual and special reports to the mayor on the quality and status of personnel administration in the city government and make recommendations for improvements;
(b) Prepare and revise at least once every four (4) years the classification plan for all city positions based on:
(1) The duties, authority and responsibility of each position,
(2) The degree of experience and/or education required,
(3) Standards for determining qualifications, and
(4) Job title and salary range. There shall be adequate provision for reclassification of positions if necessary;
(c) Establish, with the approval of city council, a pay plan listing all the position classes in the city with the pay rates or ranges assigned to each class;
(d) Establish, with the approval of city council, minimum qualifications for each class of position and standards for determining eligibility and fitness of the candidate(s) after consultation with the appropriate appointing officers;
(e) Provide for a probationary period of six (6) months before the appointment or promotion becomes permanent, during which time the probationary employee may be discharged or reduced in class position;
(f) Establish the standards for evaluating job performance and supervise the maintenance of personnel files by the appointing officers. Probationary employees shall be evaluated at least twice within the first six (6) months of employment on their job performance. Regular employees shall be evaluated annually according to the performance standards established by the appointing officer and the director of personnel. Personnel files shall also be current with regards to records and attendance at work, in-service training, and any other education and/or training taken on the initiative of the employee. These shall be considered as factors in determining promotions, demotions, discharges, and transfers;
(g) Establish procedures for temporary appointments. These shall be made only with the approval of the director of personnel for a period of no longer than one hundred eighty (180) days, and are renewable once for an additional one hundred eighty (180) days;
(h) Provide for emergency appointments only with the approval of the director of personnel and only when necessary to prevent serious impairment of the public business. These appointments are to continue only during the period of the emergency;
(i) Provide for temporary transfer of employees between departments or other agencies of the city because of seasonal, abnormal or emergency conditions before any temporary employees are appointed;
(j) Establish procedures for suspensions, discharge or reduction in class position, and layoffs;
(k) Provide for transfers within the same class position;
(l) Examine and approve all payrolls on which the names of city employees appear. The director of personnel shall certify that each salary or wage earner has been appointed and is being employed under the rules and regulations of the director of personnel and that the pay rates conform with the pay plan, and that regulations with regard to sick leaves, overtime and vacations have been observed;
(m) Identify promotional paths within municipal service, organize this information and freely provide career planning assistance to all city employees;
(n) Aid the mayor, city council, and all appointing officers in handling personnel matters under their jurisdictions;
(o) Aid the mayor in all negotiations with collective bargaining units.
(p) It shall be the duty of the director of personnel to monitor on a timely basis the residency requirements set forth in section 1210 of this charter and report any violations to the mayor and city council for appropriate action.
(Res. No. 402, 9-11-92)
Editor's note -- Res. No. 402, adopted Sept. 11, 1992, providing for enforcement of residency requirements, § 903(p), was approved by the voters at the general election held Nov. 3, 1992.904. Appointment, promotion, demotion, suspension and dismissal of employees.
All department heads and all boards, agencies and commissions of the city shall have the responsibility for the appointment, promotion, demotion, suspension and dismissal of all employees under their jurisdiction in accordance with the provisions of this Charter and such personnel rules and regulations as may be made pursuant thereto. Regular employees shall not be dismissed except for cause which shall be defined in rules developed by the director of personnel and shall be promulgated to all employees of the city.
905. Personnel system coverage and exemptions.
All officers and employees of the city, and of every department, office or other agency thereof shall be covered by the personnel system provided for in this article with only the exceptions listed below. The following officers and employees of the city shall not be covered by the personnel system:
(a) Officers elected by the people;
(b) Department heads;
(c) Officers elected or appointed by the city council;
(d) Members of city boards, commissions and agencies;
(e) Mayor's office staff, personal aides and assistants;
(f) Experts retained by the city council;
(g) One personal secretary for each department head;
(h) One secretary for each board, agency or commission;
(i) Legal assistants to the city solicitor;
(j) All employees of the school department;
(k) Persons employed by contract to perform special services for the city where such contract is certified by the director of personnel to be for employment which because of its expert nature or character cannot be performed by persons within the system;
(l) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination or to perform a special service where such appointment or designation is certified by the director of personnel to be for employment which because of expert nature or character could not or should not be performed by persons in the personnel system;
(m) Policemen and firemen under the jurisdiction of the department of public safety, otherwise known as the sworn personnel of said department.
906. Affirmative action.
There shall be an affirmative action office, headed by an affirmative action officer appointed by the mayor, within the office of the mayor. It shall be the duty of the affirmative action officer, in cooperation with the director of personnel and appointing officers to ensure equal employment opportunities for all of the citizens of the city within the city government.
907. Employee organization and collective negotiations.
Employees shall have the right of self-organization, and may form, join or assist any employee organization to negotiate collectively through representatives of their own choosing, as provided for in state law and city ordinances. It is the intent of this Charter that collective bargaining and personnel management are and shall be compatible employer/employee systems in the city government, and that compatibility can be preserved to the extent to which each of these systems respects the legitimate concerns of the other.
908. Retirement board.
(a) Election and term.
(1) There shall be an employee retirement board consisting of the mayor, the chairperson of the city council committee on budgetary matters and the city controller, ex officio; two (2) members who shall not be officers or employees of the city who shall be elected by the city council and representatives of the present and retired employees of the city. The employee representatives shall be chosen from the two (2) classes of employees designated for retirement purposes, to wit, "Class A employees," who are all employees covered by the retirement system not otherwise designated, and "Class B employees," who are policemen and firemen, otherwise known as the sworn personnel of the department of public safety. Two (2) Class A employees shall be elected by the members of the system who are Class A employees; one Class B employee shall be elected by the members of the system who are Class B employees of the city fire department; one Class B employee shall be elected by the members of the system who are Class B employees of the city police departments; one retired Class A employee shall be elected by the retired members of the system who were Class A employees; and one retired Class B employee shall be elected by retired members of the system who were Class B employees. The election by the members shall be in accordance with such rules as the board shall adopt to govern such elections. The regular terms of elected members shall be four (4) years. Vacancies among the elected members of the board shall be filled for the unexpired term in the manner provided for the original election.
(b) [Powers and duties.] The powers and duties of the retirement board shall be, without limitation, the following:
(1) To establish rules and regulations for and be responsible for the administration and operation of the city employee retirement systems under its jurisdiction;
(2) To report annually in detail to the city council on or before the first Monday in January, showing the fiscal transactions of the system for the fiscal period of the city next preceding, the amount of the accumulated cash and securities of the system and a copy of the last balance sheet showing the financial condition of the system by means of an annual actuarial valuation of the assets and liabilities.
Cross reference(s) -- Boards and commission, Art. XI; general provisions for boards, authorities and commission, § 1202.
ARTICLE X. CITY DEPARTMENTS*
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*Cross reference(s)--School department, Art. VII; finance department, Art. VIII; personnel department, Art. IX; general provisions for departments, § 1201.
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1001. Department of public safety.
There shall be a department of public safety, the head of which shall be the commissioner of public safety, hereinafter referred to as the commissioner, who shall be a person holding at least a bachelor's degree from an accredited college or university and a minimum of five (5) years' supervisory experience in administration or community relations or the equivalent in training and supervisory experience. The department of public safety shall include a police department, a fire department, and a department of communications. In addition to the requirement in section 1201, subsection (e), the commissioner shall make such reports to the mayor and city council as they may request. In the event of a vacancy in the office of commissioner, the mayor shall act as commissioner of public safety until a commissioner has been appointed and approved by the city council.
(a) Police department. The head of the police department shall be the commissioner, who shall appoint a chief of police, who shall serve as the chief executive officer of the police department subject to the direction of the commissioner. The commissioner shall:
(1) Be responsible for the administration and discipline of the police department;
(2) Be charged with and responsible for the enforcement of all laws and ordinances and the promulgation and enforcement of rules and regulations of the police department;
(3) Have authority to appoint, remove, organize and control the officers and personnel of the police department and the police surgeons, matrons and all other attaches of the police department, subject to applicable personnel rules;
(4) Have authority to make all rules and regulations necessary for the efficiency, management and direction of the police department. Said rules shall provide for the qualification, appointment, removal, organization, powers, duties, discipline and control of members of the police department;
(5) Have and exercise, together with the mayor and all police officers duly appointed, all such other powers granted by law or ordinance as have been heretofor vested in them.
(b) Fire department. The head of the fire department shall be the commissioner, who shall appoint a fire chief, who shall serve as the chief executive officer of the fire department subject to the direction of the commissioner. The fire department shall continue to perform the functions and services relating to fire protection and fire prevention heretofor performed and such other duties as may be required by law or ordinance. The commissioner shall:
(1) Have authority to appoint, remove, organize and control the officers and personnel of the fire department and all other attaches thereof, subject to applicable personnel rules;
(2) Have authority to make and promulgate all rules and regulations necessary for the efficiency, management and direction of the fire department. Said rules shall provide for the qualification, appointment, removal, organization, powers, duties, discipline and control of members of the fire department.
(c) Department of communications. The head of the department of communications shall be the commissioner, who shall appoint a director of communications, who shall serve as the chief executive officer of the department of communications subject to the direction of the commissioner. The department of communications shall have jurisdiction over all design, procurement, installation and operation of all municipal radio, television, teletype and other associated equipment. The commissioner shall:
(1) Have authority to make and promulgate rules and regulations for the efficiency, management and direction of the department of communications;
(2) Be responsible, through the director of communications, for the complete operation of the department of communications and for the design, procurement, installation and proper operation of all the equipment under its jurisdiction;
(3) Insure that close liaison is maintained with other city departments and that they are provided with technical advice and specifications for the procurement of new communications equipment;
(4) Insure the proper discharge of any and all additional responsibilities which may from time to time be assigned to the department of communications by the mayor or the city council.
1002. Department of public works.
There shall be a department of public works, the head of which shall be the director of public works, who shall be a person holding a degree in engineering, with at least five (5) years' experience in the supervision of public works or building construction or equivalent training or experience. The deputy director may, in the discretion of the director of public works, also serve as head of one or more of the divisions or offices within the department.
The functions and responsibilities of the department of public works shall consist of the following, and such other functions and responsibilities as may be assigned to the department from time to time: Construction, reconstruction and maintenance of highways and bridges; operation of drawbridges and other movable bridges; snow removal; sidewalks and curbing; street cleaning; garbage and refuse collection and disposal, including operation and maintenance of incinerators and dumps; and street lighting.
1003. Board of park commissioners.
There shall be a board of park commissioners which shall have jurisdiction over all green spaces of the city, all parks including Roger Williams Park Zoo and Roger Williams Park Museum, the North Burial Ground and other city-owned or controlled cemeteries, public recreational areas of all types including those on or adjacent to school property and all forestry functions including the setting out, care and removal of trees, shrubs and other plants on the streets of the city as well as on the properties for which it is responsible. The board shall consist of seven (7) members, four (4) appointed by the mayor, two (2) elected by the city council, and the mayor ex officio. Of the four (4) members first appointed by the mayor, one shall serve a term of one year, one shall serve a term of two (2) years, one shall serve a term of three (3) years, and one shall serve a term of four (4) years. The members elected by the city council shall serve a term of four (4) years concurrent with the term of the city council. All subsequent appointments by the mayor and election by the city council shall be for a term of four (4) years.
(a) Powers and duties. The board shall:
(1) Acquire, plan, develop, and maintain the areas and facilities under its charge. No other city department or agency may undertake any plan, activity, construction or operation in or involving any public park of the city except by permission of the board.
(2) Determine policies, rules, regulations governing access to, and use of, the areas and facilities under its charge.
(3) Appoint for a period of not more than five (5) years a superintendent of parks who shall be a person holding at least a bachelor's degree from an accredited college or university with a minimum of five (5) years' experience in fields related to parks' administration or the equivalent in training or experience; and remove the superintendent of parks for official misconduct or failure to perform the duties of the office, after notice and hearing by a majority vote of its members. The superintendent of parks shall have the status of a department head with all the powers and duties appertaining thereto, and shall be responsible, subject to the authority of the board of parks commissioners, for the administrative and supervisory details of all matters within the jurisdiction of the board.
(4) To hold public hearings on its own initiative on any matter relative to program and policy decisions within the department of public parks and shall be required to hold such hearings not less than ten (10) days nor more than twenty (20) days following receipt of a petition signed by at least fifty (50) registered voters of the city.
(5) To invest the assets of the Charles H. Smith bequest in conformity with the terms of the last will and testament of Charles H. Smith.
(b) Use of bequests and income from sale of surplus property limited. No funds bequeathed to the city, or income from trusts donated to the city, for facilities or programs of the board of parks commissioners may be transferred to or used to pay the bills of any other city department, board or agency. All income derived from the sale of surplus property under the jurisdiction of the board shall be applied to the capital improvement budget of the board and shall not be used for any purpose other than capital improvements of facilities under the jurisdiction of the board.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1004. Department of recreation.
There shall be a department of recreation, the head of which shall be the director of recreation, who shall be a person with at least a bachelor's degree from an accredited college or university in health sciences, recreation, education or related fields and five (5) years' experience in a supervisory capacity or equivalent training or experience. The department of recreation shall be responsible for the planning and administration of recreation programs in the city for all age groups, and for such other programs and services as may from time to time be placed under its jurisdiction.
1005. Recreational advisory board.
There shall be a recreational advisory board consisting of five (5) members, three (3) appointed by the mayor and two (2) elected by the city council. Of the three (3) members first appointed by the mayor, one shall serve a term of one year, one shall serve a term of two (2) years, and one shall serve a term of three (3) years. All subsequent appointments by the mayor shall be for a term of three (3) years. The members elected by the city council shall serve a term of four (4) years which shall be concurrent with the term of the city council. The recreational advisory board at its first meeting shall select a chairperson and such other officers as it may deem necessary from among its members and adopt rules of procedure for the conduct of its business not inconsistent with the provisions of this Charter. The board shall meet at least quarterly and shall hold special meetings upon the request of any two (2) members.
(a) Duties and responsibilities. The powers and duties of the recreational advisory board shall include, without limitation, the following:
(1) To advise the mayor, the city council and the director of recreation on matters relating to the recreational facilities and activities to serve all the people of the city which fall under the jurisdiction of the department of recreation.
(2) To hold public hearings on its own initiative on any matter relative to program and policy decisions within the department of recreation and shall be required to hold such hearings not less than ten (10) days nor more than twenty (20) days following receipt of a petition signed by at least fifty (50) registered voters of the city.
(3) To make such budgetary recommendations to the director of recreation as it may think appropriate.
(4) To be advised of all proposals for changes of policy by the director of recreation which would have the effect of discontinuing any existing programs or services; initiating any new programs or services; substantially altering any current program or service; effecting a transfer of funds of more than five hundred dollars ($500.00) from one account to another within the budget of the department.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1006. Department of public property.
There shall be a department of public property, the head of which shall be the director of public property, who shall be a person holding at least a bachelor's degree from an accredited college or university, and who shall have had a minimum of five (5) years of experience in the supervision of a centralized system for purchase, distribution and inventory of supplies, or supervision of building maintenance, or equivalent training or experience. The department of public property shall have jurisdiction over all land owned by the city which does not come under the jurisdiction of the department of public parks as set forth in section 1003 and over all buildings and other structures owned by or under the control of the city, and shall be responsible for the maintenance, planning, design, construction, alterations and repairs to all such city property under its jurisdiction. In the event of disagreement over whether a particular piece of city land, or a particular building or other structure falls under the jurisdiction of the department of public property, or of another department or agency of city government, such disagreement shall be resolved by the mayor. The department of public property shall also be responsible, subject to the provisions set forth hereinafter relating to the board of contract and supply, for all purchasing and procurement of materials, supplies, contractual services, equipment and all other necessary categories of procurement for the city.
(a) Powers and duties of the director. The powers and duties of the director of the department of public property shall include, without limitation, the following:
(1) To make such rules and regulations as may be necessary to carry out the responsibilities imposed upon the department; provided, however, that all rules and regulations relating to the conduct of the purchasing function including the manner of purchase, delivery, storage and distribution of materials and supplies, the manner of making and of submitting requisitions and estimates, the inspection and testing of materials, supplies and equipment, reports as to stocks and transfers thereof, and the manner of approval of payment therefor, shall be laid before the city council which shall have thirty (30) days to disapprove the same in whole or in part before they take effect;
(2) To sell all supplies, materials and equipment not needed for public use, or that may have become unsuitable for use, but only after authorization by the board of contract and supply;
(3) To transfer from one department or agency of city government to another any materials, supplies or equipment that any such agency shall have declared surplus;
(4) To control all central storerooms now or hereafter operated by the city or any department or agency thereof;
(5) To establish and enforce standard specifications, subject to the approval of the board of contract and supply and relevant department heads, for all supplies, materials and equipment purchased for use by any department or agency of city government;
(6) To supervise and control the municipal garage and its operation;
(7) To supervise and control the use and operation of all printing and duplicating equipment;
(8) To make and keep current an inventory of all movable equipment on property belonging to the city;
(9) To be responsible for all other functions and duties which are or shall be hereafter assigned to the department of public property.
(b) Revolving fund. There shall be a revolving fund into which payment shall be made by departments and agencies of the city in reimbursement for the cost of such maintenance and repair services as are performed by the department of public property on property, buildings or facilities under the jurisdiction of such department or agencies. The city council may specify the terms, conditions and accounting procedures for the operation of such revolving fund.
(c) [Purchases of less than two thousand dollars.] All contracts for purchase of materials, supplies, services, equipment and property on behalf of the city, the price or consideration of which shall exceed five hundred dollars ($500.00) but amount to less than five thousand dollars ($5,000.00) shall be made by the director of public property on the basis of three (3) or more informal competitive bids, which may be solicited without advertising, but which must be submitted in writing. Upon receipt of said informal bids any such contract shall be awarded to the lowest responsible bidder among them. All purchases made on behalf of the city, the price or consideration of which shall be five hundred dollars ($500.00) or less, shall be made by the department or agency requiring the materials, supplies, services, equipment or property involved, in accordance with rules and regulations established by the director of public property. No purchase request which is essentially a unit shall be divided for the purpose of evading the requirement of solicitation of competitive bids set forth in this subsection or that set forth in section 1007(c), clause (1) below; provided, however, that said requirements for competitive bidding may be dispensed with to allow emergency purchases upon the recommendation of the director of public property with the approval of a majority of all of the members of the board of contract and supply. Emergency shall be defined for the purposes of this subsection as an unforeseen situation, requiring immediate attention in order to safeguard the welfare of the people of the city, and one which renders the process of competitive bidding impractical or impossible.
(d) [When contracts or purchases are void.] Whenever any purchase or contract for any supplies, materials, equipment or services is made on behalf of the city contrary to the provisions of this Charter or the rules or regulations made hereunder, such order or contract shall be void and of no effect. The person or persons responsible for authorizing any such order or contract shall be personally liable for the cost thereof, and if already paid for out of city funds, the amount may be recovered from such person or persons in the name of the city in an appropriate action instituted therefor.
(e) [Records.] The director of public property shall cause to be maintained in his office a complete chronological record of all purchases and contracts made or attempted to be made, including the name of each bidder, the amount of each bid, an indication of the successful bidder, the originals of all sealed bids and, where competitive bidding was dispersed with, the name of the vendor or contractor, the price paid and the written approval of the board of contract and supply where required.
(Ord. No. 107, § 2, 3-13-97)
1007. Board of contract and supply.
There shall be a board of contract and supply whose members shall consist of the mayor, the president of the city council, the finance director, the city controller, the chairperson of the committee of the city council with jurisdiction over city property, the chairperson of the committee of the city council with jurisdiction over budgetary and financial matters, the director of public works, the commissioner of public safety, the city treasurer, the director of public property, the chairperson of the water supply board and the president of the school committee, all ex officio. In the absence of any of the above-named members, a deputy shall serve in the place of said member. On the first Monday of January, 1983, or as soon thereafter as may be practical, the members of the city council who are members of a political party or parties other than that of the mayor, or are independents, shall elect from their total number one member to serve on said board for a term of four (4) years. Any vacancy that may occur in the office of an elective member shall be filled for the unexpired term by those members of the city council eligible to vote for that elective member under the terms of this subsection. Failure to elect such elective member shall in no case prevent said board from acting. The city assessor shall likewise be, ex officio, a member of the board for such purposes as may be declared by ordinance.
(a) The mayor, or in the absence of the mayor, the president of the city council, shall be the chairperson of said board. The city clerk, or in the absence of the city clerk, one of his or her deputies, shall act as clerk of said board.
(b) In addition to the membership established herein, the city council, by ordinance, may appoint the heads of other city departments or agencies to the membership of the board of contract and supply, but may not deny membership to any member so named in this subsection unless the department or agency of which said member is the head shall have been abolished.
(c) It shall be the responsibility of the board of contract and supply:
(1) To make all contracts for purchase of materials, supplies, services, equipment and property on behalf of the city, the price or consideration of which shall exceed five thousand dollars ($5,000.00), on the basis of sealed bids solicited through public advertisement in a newspaper of general circulation in Providence, such bids to be submitted, opened and considered in accordance with rules and regulations approved by the board. The city council may increase the figure of five thousand dollars ($5,000.00) by a two-thirds vote following a public hearing, but no more often than once every five (5) years;
(2) To insure before a contract is entered into that there exists sufficient appropriation to pay the cost thereof;
(3) To reject any or all bids submitted to it for a specific purpose if it considers that the public interest will be best served thereby.
(d) The board of contract and supply shall have the authority to enter into agreements with the state, or the United States, or any public body having authority to condemn property of the city, with respect to the value of any such property so taken; and shall have the authority to employ such experts as it shall deem necessary to assist it in the purchase of real estate, or in connection with the condemnation thereof, under such terms and conditions as the city council may set.
(Ord. No. 107, § 2, 3-13-97)
Cross reference(s) --Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1008. Department of inspection and standards.
There shall be a department of inspection and standards, the head of which shall be the director of inspection and standards and the chief building inspector, who shall be a person who is a registered professional engineer or registered architect, or who has had experience as a general building contractor or general supervisor of building construction, with at least twelve (12) years' experience in one or a combination of the foregoing fields, at least five (5) years of which were spent in responsible charge of important building work, or the equivalent training or experience.
(a) Functions and responsibilities. The functions and responsibilities of the department of inspection and standards shall include the following:
(1) All inspection functions carried on by the city, including but not limited to electrical inspection, plumbing, mechanical inspection, gas and drainage inspection, building inspection, and minimum housing code enforcement and inspection;
(2) General administrative responsibility for the zoning board of review, the housing board of review and the building board of review, and the responsibility of providing to said boards necessary staff and professional assistance; provided, however, that the mayor, with approval of the city council, shall appoint a secretary who shall serve all three (3) boards at the mayor's pleasure;
(3) The duties and responsibilities imposed upon the city by state law relating to weights and measures, and the inspection and verification of weighing and measuring devices.
1009. Zoning board of review.
There shall be a zoning board of review of five (5) members and one auxiliary member who shall sit in the absence of one of the regular members, all appointed by the mayor with the approval of the city council for five-year staggered terms, such terms to be so arranged that the term of one member shall expire each year for five (5) successive years, the auxiliary member also to serve for a five-year term. The city council shall provide by ordinance for the organization and procedures of the board. The board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained, or where such exception is reasonably necessary for the convenience or welfare of the public.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1010. Housing board of review.
There shall be a housing board of review of five (5) members appointed by the mayor with the approval of the council, one of whom shall be a medical doctor, one an engineer or architect, one a licensed professional engineer and two (2) to represent the general citizenry of the city. All of the said members shall be appointed for five-year staggered terms, such terms to be so arranged that the term of one member shall expire each year for five successive years. The city council shall provide by ordinance for the organization and procedures of the board. The board shall hear appeals from findings by minimum housing inspectors under the minimum housing code of the city or of the state.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.1011. Building board of review.
There shall be a building board of review of five (5) members appointed by the mayor with the approval of the council, one of whom shall be a licensed civil engineer, one a licensed architect, one a licensed mechanical engineer, one a licensed electrician, and one a qualified builder. All of the said members shall be appointed for five-year staggered terms, such terms to be so arranged that the term of one member shall expire each year for five (5) successive years. The city council shall provide by ordinance for the organization and procedures of the board. The board shall hear, pursuant to the provisions of state law, appeals relating to the enforcement of the state building code.
Cross reference(s)-- Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1012. Department of planning and urban development.
There shall be a department of planning and urban development, the head of which shall be the director of planning and urban development, who shall be a person with a minimum of ten (10) years' experience in professional city planning and urban development, including at least five (5) years of supervisory and administrative experience, or an equivalent combination of professional training and supervisory experience in city planning or related fields.
(a) Powers and duties. The powers and duties of the department of planning and urban development shall include, without limitation, the following:
(1) To advise the mayor on any matter affecting the physical development of the city;
(2) To assist the city plan commission in the development of the comprehensive plan and modifications thereto;
(3) To review and make recommendations regarding proposed action by the city council, the Providence Redevelopment Agency and other city agencies regarding implementation of the comprehensive plan and its elements pursuant to section 1014(c) below;
(4) To develop and periodically review the five-year capital improvement program and the annual capital improvement budget and upon their approval by ordinance, to advise the mayor and city council on their implementation;
(5) To provide staff and consultant services to the city plan commission for the purposes of the preparation of the comprehensive plan, the plan elements and other purposes connected with the duties and responsibilities of the commission.
(6) Upon request of the commission or the city council, to prepare rules and regulations to govern, control and restrict the platting or other subdivision of land, or amendments thereto, for submission to the city council for its approval.
1013. City plan commission.
There shall be a city plan commission of seven (7) members. The mayor shall appoint, and the city council approve, five (5) members, who shall be qualified voters of the city, to serve for staggered five-year terms, with appointments arranged so that the term of one member shall expire each year. One member shall have experience in real estate, development or finance; one member shall have experience in city planning, architecture or urban design; one member shall have experience in human services or environmental sciences; and two (2) members shall represent the general citizenry of the city. The president of the city council and the mayor, or their designees, shall serve as members, ex officio. Any vacancy among the appointed members of the commission shall be filled by the mayor with the approval of the city council to serve for the remainder of the unexpired term. No member shall serve beyond the date of expiration of said term unless reappointed.
(a) Powers and duties. The powers and duties of the city plan commission shall include, without limitation, the following:
(1) To prepare a comprehensive plan for the city of Providence;
(2) To submit advisory opinions and recommendations on all zoning amendments referred to it under the provisions of the city zoning ordinance and shall report on any other matter referred to it by the city council or by the mayor;
(3) To perform such other duties as may be assigned to the commission from time to time by any state law or by any ordinance or resolution of the city council or by the mayor; and
(4) To review and approve for submission to city council the capital improvement plan as prepared by the department of planning and urban development.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1014. Comprehensive plan.
(a) [Purpose; scope.] There shall be a comprehensive plan for the development of the city. The comprehensive plan shall set goals for the city and policies for achieving those goals, such goals and policies to include but not be limited to land use, transportation routes and facilities, public facilities and services, renewal and rehabilitation of blighted areas, housing programs, conservation areas, historic preservation areas, environmental protection programs, economic and industrial development, downtown and commercial center revitalization and protection from disaster. It shall be the responsibility of the city plan commission to prepare, monitor the implementation of, and periodically revise the comprehensive plan, in consultation with the director of planning and urban development, pursuant to the procedures set forth herein. It shall also be the responsibility of the commission to gather and evaluate, in conjunction with the department of planning and urban development, all pertinent information, statistical and otherwise, including but not limited to the economic and social characteristics of the population of the city, as may be useful in carrying out its planning responsibilities. The comprehensive plan shall be developed in general conformance with the applicable goals and policies contained in state plans. Upon adoption of the comprehensive plan for the development of the city, the city plan commission shall use said plan as a guide to its actions in areas relating thereto, and at least every five (5) years, shall review the plan and propose any amendments deemed necessary. Both in the course of the development of the comprehensive plan by the commission, and during consideration of any amendments thereto, the commission shall solicit the views of all city department and agency heads.
(b) Adoption of comprehensive plan. Upon completion of the comprehensive plan, the commission shall hold at least one public hearing thereon. After making such changes as it deems necessary, the commission shall adopt the plan by a majority vote of its members and forward the plan to the city council. Upon receipt of the plan, and following at least one public hearing thereon by the city council, the city council shall within sixty (60) days of the date of submission either adopt, reject, or amend the plan by a majority vote of all of its members. If the entire plan is rejected, the city council shall return said plan to the commission together with its reasons for rejection and its recommendations. If the city council amends the plan, it shall, prior to final passage, notify the commission and lay the plan on the table for a period of thirty (30) days from the date of notification. Upon receipt of any comment by the commission or the expiration of thirty (30) days, whichever is sooner, the city council shall complete final consideration of the plan and vote thereon.
Amendments to and revisions of the comprehensive plan shall be developed from time to time by the commission and following at least one public hearing thereon, adopted by the commission. Such amendments and revisions shall thereupon be submitted to the city council, which shall, following at least one public hearing thereon, adopt, reject, or amend the same in the same manner as is provided herein for city council action on the comprehensive plan.
(c) Implementation of comprehensive plan. The city plan commission shall develop detailed analyses of the needs and resources of the community in conformance with the comprehensive plan. These analyses shall conform to the comprehensive plan as adopted by the city council and shall be made subject to at least one public hearing no less than thirty (30) days prior to adoption by the commission. Prior to such hearings, expanded written explanations of the analyses to be considered shall be made available to the public.
(d) The effect of the comprehensive plan.
(1) No public or private improvement or project or subdivision or zoning ordinance shall be initiated or adopted unless it conforms to and implements the comprehensive plan and elements thereof.
(2) No capital improvement shall be funded unless that improvement is consistent with the comprehensive plan.
(3) All development and project plans and proposals and all privately developed projects and developments which require approval by the city council or by other city boards, commissions or committees shall be submitted by the appropriate aforementioned public agency to the director of the department of planning and urban development for determination as to compliance with the comprehensive plan and its elements. All appeals from the director's decisions shall be submitted to the city plan commission for a determination as to compliance with the comprehensive plan.
1015. Department of sewer management.
There shall be a department of sewer management, the head of which shall be the director of sewer management, who shall be a person holding at least a bachelor's degree from an accredited college or university in engineering with at least five (5) years' experience in administration or equivalent training or experience. The department of sewer management shall be responsible for the operation, maintenance and necessary reconstruction of the sewer and storm drain systems of the city, the sewage treatment plant or plants related thereto, compliance with state and federally mandated standards for waste water disposal, and such other related functions as may be assigned to the department. In the event jurisdiction is assigned by state law to any commission board or other agency which is not a part of the government of the City of Providence, over any portion of the waste disposal system of the city or any of the aforelisted functions, the department of sewer management shall retain and carry out such functions and responsibilities as remain within the jurisdiction of the city.
1016. Port commission.
There shall be a port commission for the Port of Providence of seven (7) members, five (5) of whom shall be appointed by the mayor to serve for staggered three-year terms, and two (2) of whom shall be elected by the city council from among its own members to serve for four-year terms. The initial appointments by the mayor shall be made during the month of January, 1983, in such manner that two (2) such appointees shall serve for terms of three (3) years, two (2) for terms of two (2) years, and one for a term of one year. In each succeeding January the mayor shall make such appointments as may be required to fill the places of commissioners who terms are due to expire during that month. The commission members elected by the city council shall be chosen in January of 1983 and every fourth year thereafter. In the event of vacancies in the membership of the commission, such vacancies shall be filled by the mayor or by the city council, as the case may require, for the unexpired term or terms. The commission shall, at its first meeting in February of each year, elect its chairperson and such other officers as it may see fit, and shall have the authority to make and amend rules for the conduct of its business.
(a) The port commission shall have the following powers and responsibilities:
(1) To develop the Port of Providence through the planning, construction and maintenance of all needful berths, docks, structures and facilities, and through the encouragement to the maximum extent possible of use of the same by shippers and the maritime industry generally;
(2) To manage, supervise and control the port district and all navigable waters, tidelands and all lands and interests within it, subject to applicable provisions of state law;
(3) To appoint and contract for a period not to exceed five (5) years with a director for the Port of Providence, who shall serve as the executive officer of the commission, and to remove the port director for official misconduct or failure to perform the duties of the office, after notice and hearing, by a majority of its members;
(4) To make and enforce all necessary rules and regulations governing the port district, including the fixing of rates for any use of facilities or services owned or provided by the city in the port district;
(5) To adopt an annual budget for submission to the mayor for inclusion in the operating budget of the city, and to make recommendations for inclusion in the capital budget of the city, pursuant to the provisions of this Charter;
(6) To specify the requirements and/or restrictions for the leasing of lands and facilities, forfeiting of leases, fixing of rentals, applications for franchises, permits, leases, licenses and expenditures of funds by the commission. All leases entered into by the commission must be approved by the city council before taking effect.
(b) The city council shall define, by ordinance, the boundaries of the port district of the Port of Providence which shall be under the jurisdiction of the port commission. The city council may, by ordinance, add any tidelands, submerged lands, waterfront or adjacent lands acquired by the city to the port district. The authority conferred by this subsection shall be exercised subject to applicable state law.
Cross reference(s)--Boards and commissions, Art. XI; general provisions for boards, authorities and commissions, § 1202.
1017. Department of traffic engineering.
There shall be a department of traffic engineering, the head of which shall be the traffic engineer, who shall be a person who has had professional training in the field of traffic engineering and has been employed for and [at] least five (5) years in the field of traffic engineering or a closely related field, or who has had equivalent training or experience.
(a) Powers and duties of the department of traffic engineering [are as follows:]
(1) To make all needful rules and regulations for the regulation and control of traffic in the city not inconsistent with the laws of the state; provided, however, that all regulations relative to the establishment of one-way streets shall first be approved by resolution of the city council, except that the traffic engineer without prior approval of the city council, but with approval of the mayor, may establish temporary or emergency one-way streets where construction projects or detours are involved.
(2) To collect and analyze all traffic, physical and economic data needed to measure existing, and to estimate future, street and highway traffic characteristics and needs, including parking needs; and report recommendations thereon.
(3) To prepare and submit to the mayor plans for the proper location, function and operation of city highways, parking terminals and appurtenances thereto.
(4) To establish rules and regulations governing the use of public highways and public off-street parking facilities, which may be parking lots, garages, or other structures.
(5) To perform such other functions, exercise such other powers and fulfill such other responsibilities as may from time to time be assigned to the department.
(b) All design drawings prepared by other departments of the city government for the construction of proposed highways, bridges, parking terminals and other traffic-handling facilities shall be submitted to the traffic engineer for a review and recommendation, but nothing in this subsection shall be construed to prevent the city council from acting on such matters without such review or recommendation.
(c) Rules and regulations made pursuant to this article shall be promulgated by publication at least once in a newspaper of general circulation in the City of Providence, and the traffic engineer shall have printed copies thereof available for distribution to the public.
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