2012 -- S 2826

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LC02250

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO TOWNS AND CITIES -- DISTRESSED COMMUNITIES

     Introduced By: Senators DaPonte, and Bates

     Date Introduced: March 22, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 13.2

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HIGHLY DISTRESSED COMMUNITY INTERVENTION ACT

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     45-13.2-1. Short title. – This chapter shall be known and may be cited as the “Highly

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Distressed Community Intervention Act.”

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     45-13.2-2. Purpose. – It shall be the policy of the state to provide ongoing resources and

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tools for, and to intervene on behalf of, cities and towns undergoing extraordinary financial

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distress. The problems that municipalities with financial challenges experience threaten the fiscal

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well-being, public safety and welfare of such cities and towns as well as the state as a whole. The

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state has a right to involve itself in the fiscal affairs of any community that presents multiple

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symptoms of economic stress. The powers delegated by the general assembly in this chapter shall

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be carried out by municipalities in such a manner as will best preserve the safety and welfare of

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citizens of the state and their property and the access of the state and its municipalities to capital

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markets, all to the public benefit and good.

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     45-13.2-3. Legislative findings. – (a) The general assembly finds and declares that:

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     (1) Due to several factors, including, but not limited to, the extreme economic and

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financial pressures experienced on the state and local levels, reductions in the state’s ability to

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appropriate funds for municipal governments, certain structural changes to the manner in which

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the state supports municipal governments, and large unfunded liabilities attributable to retirement

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benefits and other post-employment benefits, the state’s cities and towns face unprecedented

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financial challenges.

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     (2) As of February 2012, several municipalities have perilously and disproportionately

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high property tax burdens relative to the wealth of their taxpayers. Without state intervention,

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financial instability will continue to pose grave problems for the citizens of those communities

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and could introduce additional fiscal problems for other communities as well as the state.

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     (3) It is in the best interests of municipalities, taxpayers, and the state itself to maintain

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the fiscal well-being, public safety, welfare and sovereignty of the municipalities. These

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compelling state interests include:

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     (i) Preserving, to the fullest extent practicable, the principle of home rule as it is

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enshrined in Article XIII of the Rhode Island Constitution, without jeopardizing the economic

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stability of the various municipalities and the state;

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     (ii) Empowering municipalities to utilize financial resources and tools that are reasonably

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necessary to allow them to achieve self-sufficiency within the shortest possible timeframe; and

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     (iii) Preventing the financial downgrade of municipalities by rating agencies, which

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would make it more difficult to access the capital markets and increase the costs of borrowing.

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     (b) For the foregoing reasons, the general assembly expressly finds and declares that the

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situation confronting several municipalities has reached a stage of emergency requiring state

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intervention and relief, and must be addressed without delay and the enactment of this chapter is

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reasonable and necessary to achieve and protect the compelling public interests listed herein.

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     45-13.2-4. Eligibility. – In order for a highly distressed community to be eligible for

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relief under this chapter, its municipal council shall have adopted an ordinance or charter

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amendment assuming any one, or more than one, of the relief provisions set forth in section 45-

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13.2-6, which ordinance or charter amendment shall be supported by:

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     (1) A finding that the ordinance or charter amendment is reasonable and necessary to

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ameliorate the municipality’s property tax burden relative to its citizens’ wealth, thereby

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supporting such municipality’s fiscal stability and protecting its property, and the health, welfare

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and property of its citizens; and

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     (2) Findings demonstrating that alternatives to enacting the particular policies set forth in

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section 45-13.2-6 have been and/or are being implemented. For purposes of this chapter, “highly

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distressed community” means a municipality that falls into the lowest twenty percent (20%) of all

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four (4) indices established by section 45-13-12, as determined by the director of revenue on an

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annual basis pursuant to section 45-13-12.

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     45-13.2-5. Collective bargaining contracts. – During any fiscal year in which a

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municipality has been designated as a highly distressed community and until it is no longer taking

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advantage of the relief provisions enumerated under section 45-13.2-6, its municipal council shall

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be required to:

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     (1) Estimate the financial impact of any collective bargaining contract proposal on the

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taxpayers of that community;

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     (2) Balance such financial impact against the community’s ability to pay; and

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     (3) Take such balance into account before deciding to approve or disapprove the

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collective bargaining contract.

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     45-13.2-6. Relief provisions. – During any fiscal year in which a municipality is

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designated as a highly distressed community pursuant to section 45-13.2-4 and for two (2) years

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after it is no longer so designated, its municipal council shall be authorized and empowered to

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adopt an ordinance or charter amendment specifying any of the following relief provisions (which

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relief provisions shall be automatically repealed, and shall have no legal force or effect, as of two

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(2) years after the date that the municipality is no longer designated as a highly distressed

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community):

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     (1) Purchasing. During any fiscal year that a municipality has been designated as a highly

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distressed community, its municipal council may adopt an ordinance or charter amendment that

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requires municipal purchasing to be conducted in accordance with sections 37-2-56 and/or 16-60-

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7.3.

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     (2) Continuance of contractual provisions. During any fiscal year that a municipality has

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been designated as a highly distressed community, its municipal council may adopt an ordinance

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or charter amendment that suspends sections 28-9.1-17 and/or 28-9.2-17.

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     (3) Retirement of sick or injured police officers and fire fighters. During any fiscal year

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that a municipality has been designated as a highly distressed community, its municipal council

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may adopt an ordinance or charter amendment that revises the disability retirement allowance

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provided under section 45-19-19 to between fifty percent (50%) and sixty-six and two-thirds

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percent (66 2/3%) of a retiree's annual salary at the time of retirement, subject to the provisions of

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section 45-21-31.

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     (4) Educational incentive pay. During any fiscal year that a municipality has been

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designated as a highly distressed community, its municipal council may adopt an ordinance or

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charter amendment that suspends chapter 28.1 of title 42.

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     (5) Consolidation of administrative functions. During any fiscal year that a municipality

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has been designated as a highly distressed community, its municipal council may adopt an

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ordinance or charter amendment that authorizes and empowers its chief executive officer or the

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town manager or town administrator to consolidate some or all responsibilities with respect to the

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following under a single person or a unified position, as may be most appropriate: municipal

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administrative functions and non-educational functions that are or may be included under chapter

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2 of title 16, including, but not limited to, human resources, information technology, budgetary

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and financial management, procurement, disbursement, and/or facilities management.

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     (6) Municipal budget and contract approvals. During any fiscal year that a municipality

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has been designated as a highly distressed community, its municipal council may adopt an

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ordinance or charter amendment that, notwithstanding the provisions of section 16-2-9, requires

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the approval of the municipality’s chief executive officer or the town manager or town

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administrator with respect to: (i) Any school budget, with line item veto power in respect thereto;

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(ii) Any changes to the school budget during the course of the school year; and/or (iii) Any and

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all contractual arrangements entered into by the school committee.

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     (7) Teacher step increases. During any fiscal year that a municipality has been designated

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as a highly distressed community, its municipal council may adopt an ordinance or charter

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amendment that suspends section 16-7-29.

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     (8) Certified nurses. During any fiscal year that a municipality has been designated as a

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highly distressed community, its municipal council may adopt an ordinance or charter

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amendment that suspends section 16-21-8 and requires that the functions performed by such

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nurse-teachers be performed by certified nurses, consistent with policies, procedures and

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regulations promulgated by the board of regents for elementary and secondary education.

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     (9) School bus monitors. During any fiscal year that a municipality has been designated

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as a highly distressed community, its municipal council may adopt an ordinance or charter

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amendment that suspends section 16-21-1. Any such ordinance or charter amendment may

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require the functions performed by school bus monitors be fulfilled on a volunteer basis.

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     (10) Transportation to nonpublic schools. During any fiscal year that a municipality has

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been designated as a highly distressed community, its municipal council may adopt an ordinance

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or charter amendment that suspends any mandate pursuant to chapter 21.1 of title 16 to provide

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bus transportation to pupils who attend nonpublic nonprofit schools that are consolidated,

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regionalized, or otherwise established to serve residents of a specific area within the state.

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     (11) Health insurance cost sharing and plan design. During any fiscal year that a

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municipality has been designated as a highly distressed community, its municipal council may

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adopt an ordinance or charter amendment that requires future negotiated changes for active

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employees under chapters 9.1, 9.2, 9.3 and/or 9.4 of title 28, relating to cost sharing and plan

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design of health insurance, be applicable to new and existing retirements under the same chapters.

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     (12) Public safety collective bargaining. During any fiscal year that a municipality has

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been designated as a highly distressed community, its municipal council may adopt an ordinance

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or charter amendment that amends sections of the general laws of Rhode Island as set forth in

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subdivisions (1) and/or (2) of this section related to fire fighters’ or police officers’ collective

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bargaining rights, respectively.

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     45-13.2-7. Mandatory reinvestment; Annual certifications. – (a) At least fifty percent

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(50%) of funds resulting from enacting an ordinance or charter amendment pursuant to this

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chapter shall be reinvested exclusively to reduce a highly distressed community’s property tax

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burden or to limit growth of a highly distressed community’s property tax burden, at least until

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such municipality is no longer designated as a highly distressed community and is no longer

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taking advantage of the relief provisions enumerated under section 45-13.2-6.

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     (b) Every highly distressed community shall submit a certification to the auditor general

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and the director of revenue no later than one year after the date of passage of the ordinance or

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charter amendment declaring that the municipality has assumed such designation, which

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certification shall contain budgetary and numerical data sufficient to substantiate the satisfaction

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of subsection (a) of this section. This certification requirement shall continue, on an annual basis

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as measured from the date of passage of the ordinance or charter amendment, until a municipality

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is no longer designated as a highly distressed community and is no longer taking advantage of the

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relief provisions enumerated under section 45-13.2-6.

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     45-13.2-8. Failure to comply. – With respect to any municipality that fails to comply

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with section 45-13.2-4 or 45-13.2-7:

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     (1) The general treasurer is authorized to withhold moneys due from the state for any

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purpose other than education, including, but not limited to, municipal aid and other aid provided

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under sections 45-13-5.1, 45-13-12, 44-34.1-2, 44-13-13, 44-18-18.1, 44-18-36.1(b) and 42-63.1-

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3; and

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     (2) The auditor general shall have the power to compel a performance audit in connection

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with such municipality, as provided under section 22-13-4.

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     45-13.2-9. Supersession; Exclusivity. – Notwithstanding any general or special law to

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the contrary, unless otherwise specified, the provisions of this chapter shall supersede any

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conflicting provisions of a local ordinance, collective bargaining agreement, interest arbitration

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award, or municipal charter; further, the inclusion of any particular provision in this chapter shall

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not be construed in a manner indicating that a municipality has no right to take action with

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respect to the substance of such provision but for this chapter.

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     SECTION 2. Sections 28-9.1-3, 28-9.1-9, 28-9.1-10 and 28-9.1-16 of the General Laws

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in Chapter 28-9.1 entitled "Firefighters' Arbitration" are hereby amended to read as follows:

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     28-9.1-3. Definitions. -- As used in this chapter the following terms, unless the context

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requires a different interpretation, shall have the following meanings:

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      (1) "Base salaries" means the annual salary pursuant to the salary schedule or salary

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chart contained in the collective bargaining agreement between the corporate authorities and the

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bargaining unit exclusive of any monies provided for length of service or longevity, overtime

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payments, incentive pay payments, special duty payments, detail payments and any non-salary

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economic issues such as pensions, health and medical insurance costs.

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     (1)(2)"Corporate authorities" means the proper officials within any city or town whose

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duty or duties it is to establish the wages, salaries, rates of pay, hours, working conditions, and

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other terms and conditions of employment of fire fighters, whether they are the mayor, city

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manager, town manager, town administrator, city council, town council, director of personnel,

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personnel board or commission, or by whatever other name or combination of names they may be

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designated.

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     (2)(3) "Fire fighter" means the permanent uniformed members, rescue service personnel

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of any city or town, emergency medical services personnel of any city or town, any fire

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dispatchers of any city or town, and all employees with the exception of fire chiefs of any paid

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fire department in any city or town within the state. No assistant chief, deputy chief, battalion

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chief, captain or lieutenant shall be excluded from the collective bargaining solely by virtue of his

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or her title or position.

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     (3)(4) "Unresolved issues" means any and all contractual provisions specifically

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addressing base salaries which have not been agreed upon by the bargaining agent and the

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corporate authorities within the thirty (30) day period referred to in section 28-9.1-7. Any

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contractual provision not presented by either the bargaining agent or the corporate authority

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within the thirty (30) day period shall not be submitted to arbitration as an unresolved issue;

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provided, that if either party or both parties are unable to present their respective proposals to the

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other party during the thirty (30) day period, they shall have the opportunity to submit their

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proposals by registered mail by midnight of the 30th day from and including the date of their first

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meeting.

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     28-9.1-9. Hearings. -- (a) The arbitration board shall, acting through its chairperson, call

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a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and

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shall, acting through its chairperson, give at least seven (7) days notice in writing to each of the

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other two (2) arbitrators, the bargaining agent, and the corporate authorities of the time and place

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of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial

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proceedings shall not be binding. Any documentary evidence and other data deemed relevant by

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the arbitrators may be received in evidence.

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      (b) The arbitrators shall have the power to administer oaths and to require by subpoena

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the attendance and testimony of witnesses, and the production of books, records, and other

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evidence relative or pertinent to the issues presented to them for determination.

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     (c) All parties to arbitration shall present, at the formal hearings before the issuance of the

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award, written estimates to the arbitration panel of the financial impact of their contract proposal

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on the taxpayers of the city or town that employs the members of the bargaining unit.

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     (d) Each arbitration decision shall be accompanied by a written report explaining how

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each of the statutory factors contained in section 28-9.1-10 played into the arbitrators’

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determination of the final award. The report shall certify that the arbitration board gave primary

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weight to the community’s ability to pay and a comparison of the wages and other benefits of

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employment of employees with the economic conditions of residents of the community, and that

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it took into account the statutory limitations imposed on the local levy cap in making the award.

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     (c)(e) The hearing conducted by the arbitrators shall be concluded within twenty (20)

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days of the time of commencement, and within ten (10) days after the conclusion of the hearings,

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the arbitrators shall make written findings and a written opinion upon the issues presented, a copy

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of which shall be mailed or otherwise delivered to the bargaining agent or its attorney or

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otherwise designated representative and the corporate authorities. The chairperson may require

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briefs of the parties, in which case the time for issuance of the award shall be extended by no

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more than ten (10) days.

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      (f) The chairperson of the arbitration board shall be required to render an arbitration

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award within the aforementioned timeframes and under no circumstances shall the timeframes

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provided for in this section be exceeded. Any chairperson who fails to render an award within the

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time requirements set forth in this section shall be fined one thousand dollars ($1,000) by the

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courts for each day that the award is late.

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      (d)(g) A majority decision of the arbitrators shall be binding upon both the bargaining

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agent and the corporate authorities.

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     (h) Any arbitration board created pursuant to this chapter shall not issue a decision which

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increases the aggregate base salaries of the employees in the bargaining unit in an amount greater

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than two percent (2%).

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     28-9.1-10. Factors to be considered by arbitration board. – The arbitrators shall

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conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just

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settlement of wage or hour disputes between the fire fighters and the city or town by which they

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are employed. The factors, among others, to be given weight by the arbitrators in arriving at a

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decision shall include:

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     (1) The overall compensation presently received by the employees, inclusive of direct

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wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and

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hospitalization benefits, and all other economic benefits received while in the employ of the city

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or town or from the city or town upon the retirement of any member of the bargaining unit as

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compared with the economic conditions of residents of the community.

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      (1)(2) Comparison of wage rates or hourly conditions of employment of the fire

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department in question with prevailing wage rates or hourly conditions of employment of skilled

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employees of the building trades and industry in the local operating area involved.

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      (2)(3) Comparison of wage rates or hourly conditions of employment of the fire

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department in question with wage rates or hourly conditions of employment maintained for the

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same or similar work of employees exhibiting like or similar skills under the same or similar

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working conditions in the local operating area involved.

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      (3)(4) Comparison of wage rates or hourly conditions of employment of the fire

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department in question with wage rates or hourly conditions of employment of fire departments in

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cities or towns of comparable size.

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      (4)(5) Interest and welfare of the public. Among the items the panel of arbitrators shall

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assess when considering this factor is the limitation imposed upon the employers by section 44-5-

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2.

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      (5)(6) Comparison of peculiarities of employment in regard to other trades or

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professions, specifically:

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      (i) Hazards of employment.

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      (ii) Physical qualifications.

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      (iii) Educational qualifications.

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      (iv) Mental qualifications.

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      (v) Job training and skills.

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      (6)(7) Comparison of community's ability to pay.

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     28-9.1-16. Attorneys' fees -- Costs -- Interest. – (a) In the event either the bargaining

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agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the

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state of Rhode Island for a review or modification of a majority decision of the arbitrators, which

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by the provisions of section 28-9.1-9 is binding upon both the bargaining agent and the corporate

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authorities, the party against whom the decision of the supreme court is adverse, if the supreme

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court finds the appeal or petition to be frivolous, shall pay reasonable attorneys' fees and costs to

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the successful party as determined by the supreme court, and the supreme court shall in its final

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decision or judgment award costs and reasonable attorneys' fees. If the final decision affirms the

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award of money, the award, if retroactive, shall bear interest at the rate of eight percentum

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percent (8%) per annum from the effective retroactive date.

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     (b) In the event either the bargaining agent or the corporate authorities files a petition for

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writ of certiorari to the supreme court, said petition shall be filed within sixty (60) days from the

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date the parties were in receipt of the written decision of the arbitration board.

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     SECTION 3. Sections 28-9.2-3, 28-9.2-9, 28-9.2-10 and 28-9.2-16 of the General Laws

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in Chapter 28-9.2 entitled "Municipal Police Arbitration" are hereby amended to read as follows:

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     28-9.2-3. Definitions. -- As used in this chapter the following terms, unless the context

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requires a different interpretation, have the following meanings:

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     (1) "Base salaries" means the annual salary pursuant to the salary schedule or salary chart

9-13

contained in the collective bargaining agreement between the corporate authorities and the

9-14

bargaining unit exclusive of any monies provided for length of service or longevity, overtime

9-15

payments, incentive pay payments, special duty payments, detail payments and any non-salary

9-16

economic issues such as pensions, health and medical insurance costs.

9-17

     (1)(2) "Corporate authorities" means the proper officials within any city or town whose

9-18

duty or duties it is to establish the wages, salaries, rates of pay, hours, working conditions, and

9-19

other terms and conditions of employment of police officers, whether they are the mayor, city

9-20

manager, town manager, town administrator, city council, town council, director of personnel,

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personnel board or commission, or by whatever other name they may be designated, or any

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combination thereof.

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      (2)(3) "Police officer" means a full-time police officer from the rank of patrolman up to

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and including the rank of chief, including policewomen, of any particular police department in

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any city or town within the state.

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     (4) "Unresolved issues" means any and all contractual provisions specifically addressing

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base salaries which have not been agreed upon by the bargaining agent and the corporate

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authorities within the thirty (30) day period referred to in section 28-9.2-7. Any contractual

9-29

provision not presented by either the bargaining agent or the corporate authority within the thirty

9-30

(30) day period shall not be submitted to arbitration as an unresolved issue; provided, that if

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either party or both parties are unable to present their respective proposals to the other party

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during the thirty (30) day period, they shall have the opportunity to submit their proposals by

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registered mail by midnight of the thirtieth (30th) day from and including the date of their first

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meeting.

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     28-9.2-9. Hearings. -- (a) The arbitration board shall, acting through its chairperson, call

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a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and

10-3

shall, acting through its chairperson, give at least seven (7) days notice in writing to each of the

10-4

other two (2) arbitrators, the bargaining agent, and the corporate authorities of the time and place

10-5

of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial

10-6

proceedings shall not be binding. Any documentary evidence and other data deemed relevant by

10-7

the arbitrators may be received in evidence.

10-8

      (b) The arbitrators shall have the power to administer oaths and to require by subpoena

10-9

the attendance and testimony of witnesses, and the production of books, records, and other

10-10

evidence relative or pertinent to the issues presented to them for determination.

10-11

     (c) All parties to arbitration shall present, at the formal hearings before the issuance of the

10-12

award, written estimates to the arbitration panel of the financial impact of their contract proposal

10-13

on the taxpayers of the city or town that employs the members of the bargaining unit.

10-14

     (d) Each arbitration decision shall be accompanied by a written report explaining how

10-15

each of the statutory factors contained in section 28-9.2-10 played into the arbitrators’

10-16

determination of the final award. The report shall certify that the arbitration board gave primary

10-17

weight to the community’s ability to pay and a comparison of the wages and other benefits of

10-18

employment of employees with the economic conditions of residents of the community, and that

10-19

it took into account the statutory limitations imposed on the local levy cap in making the award.

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     (c)(e) The hearing conducted by the arbitrators shall be concluded within twenty (20)

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days of the time of commencement, and within ten (10) days after the conclusion of the hearings,

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the arbitrators shall make written findings and a written opinion upon the issues presented, a copy

10-23

of which shall be mailed or otherwise delivered to the bargaining agent or its attorney or

10-24

otherwise delegated representative and to the corporate authorities. The chairperson may require

10-25

briefs of the parties, in which case the time for issuance of the award shall be extended by no

10-26

more than ten (10) days.

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      (f) The chairperson of the arbitration board shall be required to render an arbitration

10-28

award within the aforementioned timeframes and under no circumstances shall the timeframes

10-29

provided for in this section be exceeded. Any chairperson who fails to render an award within the

10-30

time requirements set forth in this section shall be fined one thousand dollars ($1,000) by the

10-31

courts for each day that the award is late.

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      (d)(g) A majority decision of the arbitrators is binding on both the bargaining agent and

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the corporate authorities.

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     (h) Any arbitration board created pursuant to this chapter shall not issue a decision which

11-35

increases the aggregate base salaries of the employees in the bargaining unit in an amount greater

11-36

than two percent (2%).

11-37

     28-9.2-10. Factors to be considered by arbitration board. -- The arbitrators shall

11-38

conduct the hearings and render their decision on the basis of a prompt, peaceful, and just

11-39

settlement of wage or hour disputes between the police officers and the city or town by which

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they are employed. The factors, among others, to be given weight by the arbitrators in arriving at

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a decision shall include:

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     (1) The overall compensation presently received by the employees, inclusive of direct

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wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and

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hospitalization benefits, and all other economic benefits received while in the employ of the city

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or town or from the city or town upon the retirement of any member of the bargaining unit as

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compared with the economic conditions of residents of the community.

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      (1)(2) Comparison of wage rates or hourly conditions of employment of the police

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department in question with prevailing wage rates or hourly conditions of employment of skilled

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employees of the building trades and industry in the local operating area involved.

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      (2)(3) Comparison of wage rates or hourly conditions of employment of the police

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department in question with wage rates or hourly conditions of employment of police

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departments in cities or towns of comparable size.

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      (3)(4) Interest and welfare of the public. Among items the panel of arbitrators shall

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assess when considering this factor is the limitation imposed upon the employer by section 44-5-

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2.

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      (4)(5) Comparison of peculiarities of employment in regard to other trades or

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professions, specifically:

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      (i) Hazards of employment.

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      (ii) Physical qualifications.

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      (iii) Educational qualifications.

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      (iv) Mental qualifications.

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      (v) Job training and skills.

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      (5)(6) Comparison of community's ability to pay.

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     28-9.2-16. Attorney's fees -- Costs -- Interest. – (a) If either the bargaining agent or the

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corporate authorities files a petition for writ of certiorari to the supreme court of the state of

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Rhode Island for a review or modification of a majority decision of the arbitrators, which by the

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provisions of section 28-9.2-9 is binding upon both the bargaining agent and the corporate

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authorities, the party against whom the decision of the supreme court is adverse, if the supreme

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court finds the appeal or petition to be frivolous, shall pay reasonable attorney's fees and costs to

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the successful party as determined by the supreme court, and the supreme court shall in its final

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decision or judgment award costs and reasonable attorney's fees. If the final decision affirms the

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award of money, the award, if retroactive, shall bear interest at the rate of eight percent (8%) per

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annum from the effective retroactive date.

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     (b) In the event either the bargaining agent or the corporate authorities files a petition for

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writ of certiorari to the supreme court, said petition shall be filed within sixty (60) days from the

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date the parties were in receipt of the written decision of the arbitration board.

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     SECTION 4. Severability. If any provision of this act or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the act, which can be given effect without the invalid provision or applications,

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and to this end the provisions of this act are declared to be severable.

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     SECTION 5. This act shall take effect upon passage; provided, however, that the

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provisions and amendments to the general laws contained in Sections 2 and 3 of this act shall

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only apply to municipalities that are highly distressed, as defined under sections 45-13-12 and 45-

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13.2-4 of the general laws and that have invoked the provisions of chapter 45-13.2 of the general

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laws by the adoption of an ordinance or charter amendment.

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LC02250

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- DISTRESSED COMMUNITIES

***

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     This act would extend to communities which have been determined to be “highly

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distressed communities” by reference to section 45-13-12 of the general laws additional

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authorization to act in modification of police and fire labor contracts.

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     This act would take effect upon passage, provided; however, that the provisions and

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amendments to the general laws contained in Sections 2 and 3 of this act would only apply to

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municipalities that are highly distressed, as defined under sections 45-13-12 and 45-13.2-4 of the

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general laws and that have invoked the provisions of chapter 45-13.2 of the general laws by the

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adoption of an ordinance or charter amendment.

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LC02250

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