§ 45-2-18. City of Providence - Establishment of department of public parks. (a) There is hereby created, in the city of Providence, a department of public parks. The division of public lands and parks of the department of public property is hereby eliminated.

(b) The department of public parks is responsible, subject to the authority of the board of park commissioners of the city of Providence, for all public parks and for all structures and facilities located therein including the zoo and museum located in Roger Williams park, for all municipal burial grounds and for all structures and facilities located therein, and for all street trees within the city of Providence. It is responsible for the administration, planning, design, construction, planting, alterations, maintenance, operations, and repairs to the public parks. No other city department, board, bureau, commission, or other agency may undertake any plan, activity, construction, or operation in or involving any public park of the city except by permission of the board of park commissioners.

(c) The department of public parks is headed by the superintendent of parks who is appointed by the board of park commissioners and who has the status of a department head with all the powers and duties appertaining thereto, is subject to all provisions of the city charter relating to department heads, and takes an oath of office as provided in § 4.4 of the city charter. The department of public parks consists of five (5) divisions. The head of each division is appointed by the superintendent and will be subordinate to the superintendent of parks. The five (5) divisions are as follows:

(1) The division of parks, headed by the deputy superintendent of parks.

(2) The division of burial grounds, headed by the superintendent of the north burial ground.

(3) The zoo division, headed by the director of the Roger Williams park zoo.

(4) The division of forestry, by the city forester.

(5) The museum division, headed by the director of the Roger Williams park museum.

(d) In addition to the heads of divisions, the superintendent of parks will be assisted by assistant superintendents and other employees that may be authorized for the department of public parks under ordinances previously or hereafter enacted.

(e) It is hereby prescribed that in an open, public, equitable, and competitive manner, the department of public parks shall select the vendor and negotiate the price and terms of any procurement for the department of public parks of value less than the amount set by law for procurement through the board of contract and supply. Authorization for payment of these purchases issued by the department of public parks shall be paid within thirty (30) days by the city controller up to the total amount appropriated in the city budget for the operation of the department.

(f) No funds appropriated to the department of public parks or income from trust funds donated to the city for the facilities or programs thereof or income derived from the sale of surplus property belonging to the department of parks may be transferred to or used to pay the bills of any other city department, board, bureau, commission, or other agency, nor may any personnel paid from funds appropriated to the department of public parks be transferred to or assigned to work on any program or project of any other city department, board, bureau, commission, or other agency without the express written permission of the superintendent, subject to the approval by the board of park commissioners. No expenditure shall be made by the city controller or by any other city employee of any funds appropriated to or trust funds donated for the facilities or programs of the department of public parks except upon written authorization of the superintendent of parks or the board of park commissioners. No park land, structure, or facility may be transferred to any other city department, board, bureau, commission, or other agency without the consent of the board of park commissioners.

(g) In any case where the provisions of this section or of any regulation issued by the superintendent of parks or the board of park commissioners of the city pursuant to this section is found to be in conflict with the provisions of any ordinance, resolution, rule, or regulation of the city of Providence other than the city charter, the provisions of this section shall apply. Nothing in this section shall be construed to abolish, affect, or in any way reduce or diminish any of the powers previously granted by charter and ordinance to the board of park commissioners.

History of Section. (P.L. 1977, ch. 221, § 1.)