2015 -- S 0458

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LC001118

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TOWNS AND CITIES -- BUDGET COMMISSIONS

     Introduced By: Senator Roger Picard

     Date Introduced: February 26, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-9-6 of the General Laws in Chapter 45-9 entitled "Budget

Commissions" is hereby amended to read as follows:

     45-9-6. Composition of budget commission. -- (a) If a budget commission is established

under §§ 45-9-5 or 45-12-22.7, it shall consist of five (5) members: three (3) of whom shall be

designees of the director of revenue, with the provision that one of the three (3) members shall be

selected by the Rhode Island department of education whenever a school system is involved; one

of whom shall be the elected chief executive officer of the city; and one of whom shall be a

council member of the town or city elected to serve on the budget commission as chosen by a

majority vote of said town or city council. In cities or towns in which the elected chief executive

officer for purposes of this chapter is the president of the city or town council, one member shall

be the appointed city or town manager or town administrator (or, if none, the city or town chief

financial officer) as the fifth member. For a fire district, it shall consist of five (5) members: three

(3) of the members of the budget commission shall be designees of the director of revenue; one

shall be the chairperson of the district's governing body; and one shall be the fire chief of the

district. The budget commission shall act by a majority vote of all its members. The budget

commission shall initiate and assure the implementation of appropriate measures to secure the

financial stability of the city, town, or fire district. The budget commission shall continue in

existence until the director of revenue abolishes it.

      The budget commission shall be subject to chapter 2 of title 36, "Access to Public

Records," and chapter 14 of title 36, "Code of Ethics". The budget commission shall be subject to

chapter 46 of title 42 "Open Meetings" when meeting to take action on the following matters:

      (1) Levy and assessment of taxes;

      (2) Rulemaking or suspension of rules;

      (3) Adoption of a municipal or fire district budget;

      (4) Approval of collective bargaining agreements and amendments to collective

bargaining agreements; and

      (5) Making a determination under § 45-9-7 that the powers of the budget commission are

insufficient to restore fiscal stability to the city, town, or fire district.

      (b) Action by the budget commission under this chapter shall constitute action by the

city, town, or fire district for all purposes under the general laws, under any special law, and

under the city, town, or fire district charter.

      (c) Until the budget commission ceases to exist, no appropriation, borrowing

authorization, transfer, or other municipal or fire district spending authority, shall take effect until

approved by the budget commission. The budget commission shall approve all appropriations,

borrowing authorizations, transfers, and other municipal or fire district spending authorizations,

in whole or part.

      (d) In addition to the authority and powers conferred elsewhere in this chapter, and

notwithstanding any city, town, or fire district charter provision, or local ordinance, or rule or

regulation to the contrary, the budget commission shall have the power to:

      (1) Amend, formulate, and execute the annual municipal or fire district budget and

supplemental municipal or fire district budgets of the city, town, or fire district, including the

establishment, increase, or decrease of any appropriations and spending authority for all

departments, budget commissions, committees, agencies or other units of the city, town, or fire

district; provided, however, that notwithstanding §§ 16-2-9 and 16-2-18, this clause shall fully

apply to the school department and all school spending purposes;

      (2) Implement and maintain uniform budget guidelines and procedures for all

departments;

      (3) Amend, formulate and execute capital budgets, including to amend any borrowing

authorization, or finance or refinance any debt in accordance with the law;

      (4) Amortize operational deficits in an amount as the director of revenue approves and

for a term not longer than five (5) years;

      (5) Develop and maintain a uniform system for all financial planning and operations in

all departments, offices, boards, commissions, committees, agencies, or other units of the city's,

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town's, or fire district's government;

      (6) Review and approve or disapprove all proposed contracts for goods or services;

      (7) Notwithstanding any general or special law to the contrary, establish, increase, or

decrease any fee, rate, or charge, for any service, license, permit, or other municipal or fire

district activity, otherwise within the authority of the city, town, or fire district;

      (8) Appoint, remove, supervise, and control all city, town, or fire district employees with

the exception of the school superintendent and have control over all personnel matters other than

disciplinary matters with the exception of those responsibilities of the school committee and

superintendent defined in chapter 2 of title 16; provided, that the budget commission shall hold all

existing powers to hire and fire and set the terms and conditions of employment held by other

employees or officers of the city, town, or fire district; provided, further, that the budget

commission shall have the authority to exercise all powers otherwise available to a municipality

or fire district regarding contractual obligations during a fiscal emergency; provided, further, that

no city, town, or fire district employee or officer shall hire, fire, transfer, or alter the

compensation or benefits of a city, town, or fire district employee except with the written

approval of the budget commission; and provided, further, that the budget commission may

delegate or otherwise assign these powers with the approval of the director of revenue;

      (9) Alter or eliminate the compensation and/or benefits of elected officials of the city,

town, or fire district to reflect the fiscal emergency and changes in the responsibilities of the

officials as provided by this chapter;

      (10) Employ, retain, and supervise such managerial, professional, and clerical staff as are

necessary to carry out its responsibilities; provided, however, that such employment, retention

and supervisory decisions are subject to the approval of the director of revenue; provided, further,

that the budget commission shall not be subject to chapter 2 of title 37 or chapter 55 of title 45 in

employing such staff; provided, further, that the budget commission, with the approval of the

director of revenue, shall have authority to set the compensation, terms, and conditions of

employment of its own staff; provided, further, that the city, town, or fire district shall annually

appropriate amounts sufficient for the compensation of personnel hired under this clause as

determined and fixed by the budget commission; provided, further, that, if the city, town, or fire

district fails to appropriate such amounts, the director of revenue shall direct the general treasurer

to deduct the necessary funds from the city's, town's, or fire district's distribution of state aid and

shall expend those funds directly for the benefit of the budget commission;

      (11) Reorganize, consolidate, or abolish departments, commissions, authorities, boards,

offices, or functions of the city, town, or fire district, in whole or in part, and to establish such

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new departments, commissions, authorities, boards, offices, or functions as it deems necessary,

and to transfer the duties, powers, functions and appropriations of one department, commission,

board, office, or other unit to another department, commission, authority, board, or office, and in

connection therewith, remove and appoint new members for any such commission, authority,

board, or department which appointees shall serve the remainder of any unexpired term of their

predecessor;

      (12) Appoint, in consultation with the director of revenue, persons to fill vacancies on

any authority, board, committee, department, or office;

      (13) Sell, lease, or otherwise transfer, real property and other assets of the city, town, or

fire district with the approval of the director of revenue;

      (14) Purchase, lease, or otherwise acquire, property or other assets on behalf of the city,

town, or fire district with the approval of the director of revenue;

      (15) Enter into contracts, including, but not limited to, contracts with other governmental

entities, and such other governmental entities are hereby authorized to enter into such contracts;

      (16) Adopt rules and regulations governing the operation and administration of the city,

town, or fire district that permit the budget commission to effectively carry out this chapter under

§ 42-35-3(b);

      (17) Alter or rescind any action or decision of any municipal or fire district officer,

employee, board, authority, or commission within fourteen (14) days after receipt of notice of

such action or decision;

      (18) Suspend, in consultation with the director of revenue, any rules and regulations of

the city, town, or fire district;

      (19) Notwithstanding any other general law, special act, charter provision, or ordinance,

and in conformity with the reserved powers of the general assembly pursuant to Article XIII,

section 5 of the constitution of the state, a budget commission is authorized to issue bonds, notes,

or certificates of indebtedness to fund the deficit of a city, town, or fire district without regard to §

45-12-22.4, to fund cash flow and to finance capital projects. Bonds, notes, or certificates of

indebtedness issued under authority of this chapter shall be general obligation bonds backed by

the full faith and credit and taxing power of the city, town, or fire district; provided, however, that

the budget commission may pledge future distributions of state aid for the purpose of retiring

such bonds, notes, or certificates of indebtedness. If any state aid is so pledged, the budget

commission shall execute on behalf of the city, town, or fire district a trust agreement with a

corporate trustee, which may be any bank or trust company having the powers of a trust company

within the state, and any state aid so pledged shall be paid by the general treasurer directly to the

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trustee to be held in trust and applied to the payment of principal and interest on such bonds,

notes, or certificates of indebtedness; any earnings derived from the investment of such pledged

aid shall be applied as needed to the payment of that principal and interest and for trustee's fees

and related expenses, with any excess to be paid to the city, town, or fire district. Bonds, notes, or

certificates of indebtedness authorized under authority of this chapter shall be executed on behalf

of the city, town, or fire district by a member of the commission and, except as provided for in

this chapter, may be subject to the provisions of chapter 12 of title 45 so far as apt, or may be

subject to the provisions of any special bond act enacted authorizing the issuance of bonds of a

city, town, or fire district so far as apt; provided, however, that any bonds or notes issued for

school purposes must be approved by the general assembly in order to qualify for school housing

aid as set forth in chapter 7 of title 16; and

      (20) Exercise all powers under the general laws and this chapter, or any special act, any

charter provision or ordinance that any elected official of the city, town, or fire district may

exercise, acting separately or jointly; provided, however, that with respect to any such exercise of

powers by the budget commission, the elected officials shall not rescind nor take any action

contrary to such action by the budget commission so long as the budget commission continues to

exist.

      (21) Certify to the Rhode Island department of revenue the need to advance payments of

the state's basic education program under chapter 7 of title 16 in the amount determined by the

budget commission. Said amount shall be advanced, subject to approval of the director of the

department of revenue, notwithstanding any general or public law to the contrary. The director of

the department of revenue shall provide notice of any advance payments to the fiscal advisors of

the house and senate finance committees. The state general treasurer shall deduct the estimated

cost to the state's general fund resulting from any advance payments.

     (22) Defer educational decisions not directly related to the budget to the school

committee in matters of educational law and regulation.

     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 TOWNS AND CITIES -- BUDGET COMMISSIONS

***

     This act would require the selection of one member of a budget commission by the

Rhode Island department of education whenever a school system is involved and would exempt

from removal the school superintendent and certain responsibilities of the school committee and

superintendent from the commission's powers with a requirement that the commission defer

educational decisions not directly related to the budget to the school committee.

     This act would take effect upon passage.

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