2014 -- S 3048

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LC005754

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO AN ACT TO CREATE THE BRISTOL COUNTY WATER AUTHORITY

AND TO PROVIDE FOR ITS POWERS AND DUTIES

     Introduced By: Senators Felag, Bates, and Ottiano

     Date Introduced: May 29, 2014

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 7 of chapter 102 of the 1981 Public Laws entitled "An Act To

Create The Bristol County Water Authority And Provide For Its Powers And Duties" passed at

the January 1970 Session of the General Assembly and as amended in 1992 and 2013, is hereby

further amended as follows:

     Section 7. DIRECTORS, OFFICERS and EMPLOYEES.

     (a) The powers of the authority shall be vested in a board of directors which shall consist

of nine members, three members each to be appointed by the local governing bodies respectively

of Barrington, Bristol and Warren, based on their qualifications without regard for political

affiliation. The members of the board of directors first appointed from Barrington, Bristol, and

Warren shall serve for terms of one, two and three years respectively, and thereafter until their

successors are chosen and shall have qualified. Not earlier than sixty (60) days prior to the

expiration of any terms of the members of the board of directors, the local governing bodies of

Barrington, Bristol, and Warren shall each appoint one member to serve for a term of three years

from the expiration of the term and thereafter, until such appointee's successor is chosen and shall

have qualified. In the event of a vacancy occurring in the board of directors by reason of death,

resignation, or removal of a member, the local governing body of the municipality who appointed

such a member shall appoint a new member to serve for the unexpired term and thereafter, until

his successor is chosen and shall have qualified. The members of the board of directors may be

removed from their positions by a majority vote of their local governing body. Each town shall

develop and adopt, by resolution or ordinance, standards for removal of the expectations for its

member of the board of directors.

     (b) The directors shall each receive compensation of one thousand dollars ($1,000) pro

rata, per year, provided, that the chair of the board of directors shall receive one thousand five

hundred dollars ($1,500) pro rata, per year of service. A director may engage in private

employment or a profession or business.

     (c) There shall be a chair and vice chair of the board of directors who shall be selected to

serve at the pleasure of the board of directors by a vote of not less than six (6) members thereof.

The vice chair shall reside in a municipality other than the municipality in which the chair

resides. The board of directors shall appoint a secretary and a treasurer by a vote of the majority.

Except as otherwise provided herein, five (5) directors shall constitute a quorum and any action to

be taken by the authority under the provisions of this act may be authorized by a resolution

approved by not less than five (5) of the directors at any regular or special meeting at which a

quorum is present. A vacancy in the membership on the board of directors shall not impair the

right of a quorum to exercise all rights and to perform all duties of the authority.

     (d) Notwithstanding the provisions of the foregoing subparagraph (c), the following

actions may be authorize only by an affirmative vote of not less than six (6) directors, as long as

there is at least one vote for each town:

     (1) Selection, appointment, setting the salary and termination, of the chief executive

officer of the authority, who shall have the title of executive director.

     (2) The sale of all, or substantially all, of the real and personal property of the authority.

     (3) The exercise of the power of eminent domain conferred upon the authority.

     (4) Applications for, or the setting of, rates for the authority's products and services.

     (5) The issuance of bonds, notes, or the borrowing of amounts in excess of, or the entry

into, any one or more series of contracts calling for the expenditure of $500,000 or more.

     (6) The adoption of an annual budget.

     (e) The board of directors shall appoint an executive director, and shall determine the

amount of reasonable compensation for said position.

     (f) No fulltime employee of the authority shall, during the period of his employment by

the authority, engage in any other private employment, profession, or business, except with the

approval of the board of directors. No person shall be appointed executive director, if within one

year prior to the effective date of such appointment, such person shall have been a member of the

authority's board of directors, or of a local governing body, or the chief administrative officer, of

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Barrington, Bristol or Warren.

     (g) If any director, officer, or employee of the authority shall be interested, directly or

indirectly, or shall be a director, officer, or employee of, or have ownership interest (other than as

the owner of less than one percent of the shares of a publicly held corporation) in any firm,

person, or corporation interested, directly or indirectly, in any contract with the authority, such

interest shall be disclosed to the authority and set forth in the minutes of the authority, and the

director, officer, or employee having such interest shall not participate on behalf of .the authority

in the authorization of any such contract. Interested directors may be counted in determining the

presence of a quorum at the meeting of the board of directors of the authority that authorizes the

contract or transaction.

     (h) Any action taken by the authority under the provisions of this act may be authorized

by a vote, at any regular or special meeting, and each such vote shall take effect immediately. The

board of directors may designate from among its members an executive committee, and one or

more other committees, each of which, to the extent authorized by the board of directors shall

have and exercise all authority of the board of directors, except no such committee shall have the

authority of the board of directors in the reference to the matters set forth in subsection (d) of this

section, or amending the by-laws of the authority.

     (i) Any action required by this act to be taken at a meeting of the board of directors or

any action to be taken at a meeting of the board of directors, or a committee thereof, may be taken

without a meeting if a consent in writing setting forth the action to be taken shall be signed before

or after such action by all of the directors or all of the members of the committee, as the case may

be.

     (j) Employees of the authority shall not, by reason of such employment, be deemed to be

employees of the state nor any municipality for any purpose, any purpose of the general laws to

the contrary notwithstanding.

     (k) Prior to the board of directors approving amendments of any rates and/or fees, one or

more hearings must be held to which the public is invited for comment, and notice of these

hearings shall be advertised in the local newspapers of each of the three (3) towns or a newspaper

of general circulation in all three (3) towns, and notice shall be posted at each of the three (3)

town halls, as well as on the internet if possible, at least ten (10), but not more than fourteen (14)

days, prior to each hearing.

     (l) Prior to the engagement of external professional services, including, but not limited to,

legal, accounting, and engineering services, the authority shall be required to solicit competitive

proposals based on a scope of services defined by the authority. The successful award shall be

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based on the applicant's qualifications and fee structure. Retention of services shall not exceed

three (3) years without obtaining new competitive proposals.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AN ACT TO CREATE THE BRISTOL COUNTY WATER AUTHORITY

AND TO PROVIDE FOR ITS POWERS AND DUTIES

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     This act would provide the Bristol County Water Authority with the authority to appoint

a secretary and treasurer.

     This act would take effect upon passage.

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