(a)  The mayor and/or town council may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges against him or her (which may be made by the mayor) at least ten (10) days prior to the hearing and has an opportunity to be heard in person or by counsel. Any obligee of the authority may file with the mayor and/or town council written charges that the authority is willfully violating any law of the state or any term, provision or covenant in any contract to which the authority is a party. The mayor and/or town council shall give each of the commissioners a copy of the charges at least ten (10) days prior to the hearing and an opportunity to be heard in person or by counsel, and shall, within fifteen (15) days after receipt of the charges, remove any commissioners of the authority who is found to have acquiesced in any willful violation; provided, that nothing in this section prevents the mayor of any city or the town council of any town from suspending a commissioner from his or her office and duties pending the removal hearing.

Terms Used In Rhode Island General Laws 45-25-14

  • Contract: A legal written agreement that becomes binding when signed.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  A commissioner is deemed to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision, or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges against him or her, he or she has not have filed a written statement with the authority of his or her objections to, or lack of participation in the violation.

(c)  In the event of the removal of any commissioner, the mayor and/or town council shall file in the office of the city clerk a record of the proceedings together with the charges made against the commissioners and the findings.

History of Section.
P.L. 1935, ch. 2255, § 8; G.L. 1938, c. 344, § 8; G.L. 1956, § 45-25-14; P.L. 1971, ch. 127, § 1.