2013 -- S 0739

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LC02087

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

AUTHORIZING THE TOWN OF EAST GREENWICH TO ACQUIRE THE PROPERTY,

ASSETS AND PERSONNEL OF THE EAST GREENWICH FIRE DISTRICT

     Introduced By: Senators Hodgson, and Raptakis

     Date Introduced: March 13, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. The Town of East Greenwich shall acquire the property, assets and

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personnel of the East Greenwich Fire District, which may hereafter be referred to as the East

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Greenwich Fire Department. The action of the Town of East Greenwich in acquiring the East

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Greenwich Fire District is done so in accordance with a referendum approved by the qualified

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voters of the Town of East Greenwich by a vote of 4426 in favor and 2239 opposed which took

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place on November 6, 2012.

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     SECTION 2. Upon the effective date of this Act, the East Greenwich Fire District,

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established by Charter initially passed by the General Assembly in 1797 and most recently

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amended by the General Assembly in 2010 (Chapter 268 of the Public Laws) shall cease to exist,

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and the Charter shall at that time be revoked by the General Assembly.

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     SECTION 3. Upon the effective date of this Act:

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      The Town of East Greenwich will acquire and exclusively possess all the rights,

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privileges, immunities and franchises of a public as well as of a private nature, of the East

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Greenwich Fire District; and all property and assets, tangible, intangible, real, personal and

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mixed, including, but not limited to, equipment, vehicles, bank accounts, cash and cash

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equivalents, all debts due on whatever account, all other causes in action, and all and every other

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interest of or belonging to or due the East Greenwich Fire District, is taken and deemed to be

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transferred to and vested in the Town of East Greenwich without further act or deed;

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     The Town of East Greenwich shall be responsible and liable for all debts, litigation,

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grievances, arbitrations, liabilities and obligations of the East Greenwich Fire District, including

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retiree benefits; and any claim existing or action or proceeding pending by or against the East

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Greenwich Fire District or which may arise by or against the East Greenwich Fire District after

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the effective date of this Act on account of matters preceding said date, may be prosecuted

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against the Town of East Greenwich, or the Town of East Greenwich may be substituted in its

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place;

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     All permanent and part-time employees of the East Greenwich Fire District who are so

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employed by the East Greenwich Fire District as of the date of the enactment of this Act, shall

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become employees of the Town of East Greenwich, and shall retain all accumulated rank,

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benefits and other rights of employment as existed with the East Greenwich Fire District without

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any action by the Town of East Greenwich.

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     SECTION 4. Without limiting the generality of Section 2 of this Act, upon the effective

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date of this Act:

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     The Collective Bargaining Agreement and all other binding commitments and

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agreements entered into between the East Greenwich Fire District, the East Greenwich Fire

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Fighters Association Local 3328, and any retired members, in effect on the date of enactment of

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this Act, shall remain in full force and effect and shall be treated from that point forward as

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entered into between the Town of East Greenwich and the East Greenwich Fire Fighters

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Association Local 3328.

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     In the event that the Collective Bargaining Agreement between the East Greenwich Fire

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District and the East Greenwich Fire Fighters Association Local 3328 for the period July 1, 2010

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through June 30, 2013 has expired on or after the date of enactment of this legislation, the Town

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of East Greenwich shall be bound by the terms of that agreement and, in the event a successor

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agreement is not reached, shall participate in and be bound by interest arbitration pursuant to

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R.I.G.L. §28-9.1-1 et seq.

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     The Town of East Greenwich shall have no obligation or authority to consider for

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employment any individual who is not employed by the East Greenwich Fire District as of the

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date of the enactment of this Act until such time as a subsequent vacancy or new opening shall

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exist.

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     SECTION 5. The Town Council of the Town of East Greenwich is hereby authorized to

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and may pass such ordinances, enter into such agreements, and do all things deemed useful and

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necessary to effectuate the acquisition and assumption of the property, assets and personnel of the

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East Greenwich Fire District, as well as all debts, duties, liabilities and obligations of the East

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Greenwich Fire District.

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     SECTION 6. If, as a result of the action of the Town of East Greenwich to acquire the

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East Greenwich Fire District, the combination of the Town’s tax levy and Fire District’s levy

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causes the Town to experience and/or forecast expenditures which would result in an increase in

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the tax levy, then the Town’s tax levy in that year may increase by more than the percentage

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increase specified in R.I.G.L. §44-5-2(a) or (b). In any subsequent year, the Town shall comply

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with the maximum levy pursuant to R.I.G.L. §44-5-2(a) or (b) for the Town’s levy.

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     SECTION 7. The Town of East Greenwich shall indemnify, defend and hold harmless

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from and after the passage of this Act, each of the former Fire District Commissioners,

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employees, treasurers, clerks, assessors of the East Greenwich Fire District for, any and all costs,

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amounts, payments, losses, damages or liabilities (including without limitation, reasonable

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attorneys' fees) suffered by any of the foregoing with respect to, as a result of, or in connection

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with any actions or inactions by any of the foregoing relating to the operation of the East

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Greenwich Fire District.

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     SECTION 8. Any and all funds acquired by the Town of East Greenwich hereunder

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which at the time of the passage of this Act are held by the East Greenwich Fire District in

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accounts restricted by prior voter approval, testamentary bequest or state law (including, but not

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limited to, the Rhode Island Development Impact Fee Act, R.I.G.L. §45-22.4-1 et seq.) shall be

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held, used or applied, spent, expended and administered by the Town of East Greenwich in

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accordance with the restrictions imposed thereon until the funds have been exhausted.

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     SECTION 9. This Act shall take effect upon passage.

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LC02087

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