2017 -- H 5740

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LC000915

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

IN AMENDMENT OF THE INCORPORATION OF THE CENTRAL COVENTRY FIRE

DISTRICT IN FURTHERANCE OF THE "CONSOLIDATION PLAN" OF THE CENTRAL

COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING DISTRICT, THE HARRIS

FIRE AND LIGHTING DISTRICT AND THE TIOGUE FIRE DISTRICT AS APPROVED BY

THE QUALIFIED VOTERS OF SAID DISTRICTS, AT DULY CALLED MEETINGS HELD

ON MARCH 28, 2006

     Introduced By: Representatives Morgan, Nardolillo, and Chippendale

     Date Introduced: March 01, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. That act entitled "AN ACT IN AMENDMENT OF THE

INCORPORATION OF THE CENTRAL COVENTRY FIRE DISTRICT IN FURTHERANCE

OF THE "CONSOLIDATION PLAN" OF THE CENTRAL COVENTRY FIRE DISTRICT,

THE WASHINGTON LIGHTING DISTRICT, THE HARRIS FIRE & LIGHTING DISTRICT

AND THE TIOGUE FIRE DISTRICT, AS APPROVED BY THE QUALIFIED VOTERS OF

SAID DISTRICTS, AT DULY CALLED MEETINGS HELD ON MARCH 28, 2006", enacted

by the General Assembly on July 6, 2006, and set forth in Chapter 492 in the Public Laws of

2006, is hereby further amended by amending a number of sections and adding a section, to read

as follows:

     Sec. 3. FIRST CONSOLIDATED DISTRICT MEETING AND ANNUAL MEETINGS

OF THE CONSOLIDATED FIRE DISTRICT.

     (a) 2006 - First consolidated meeting: Commencing in the year 2006, a special meeting of

the consolidated district shall be held within thirty (30) days of the amendment of this Charter by

and among the Boards of Directors of Central Coventry Fire District, the Washington Lighting

District, the Harris Fire & Lighting District and the Tiogue Fire District for the purposes of

constituting the first Board of Directors of the consolidated district, in accordance with Section 5

herein and for adopting the initial by-laws for the Consolidated District.

     (b) Annual Meetings & Quorum: Annual meetings of said fire district District for the

election of officers and the transaction of any other business of the fire district shall be held.

Twenty five (25) One hundred (100) qualified voters shall constitute a quorum for the transaction

of business at any meeting of the corporation. Commencing in 2007 and continuing annually

thereafter, the district The District shall hold an annual meeting in a public place on the second

third Monday in September, at 7:00 P.M. at such place within the District as the Board shall

determine, for the purposes of: (1) electing a Board of Directors; (2) authorizing the assessment

of all the taxable personal and real property of the District; (3) authorizing the collection of taxes,

as further set forth in Sec. 6 hereunder; (4) authorizing an annual budget to provide for the

purchase and maintenance of equipment, apparatus, real and personal property, the payment of

wages and salaries, and for such other expenditures deemed necessary by the qualified voters of

the District; and (5) For such other lawful purposes deemed necessary and proper by either the

Board of Directors or qualified voters of the district.

     (c) (b) Call of the Meeting: The Clerk of the District shall give notice of the annual

meetings by causing a copy thereof to be posted in the Kent County Times, The Reminder, or a

similar newspaper of general circulation at least twice in some newspaper distributed in Kent

County, and posted in each fire station of the District sixty (60) days prior to the meeting and

thereafter, thirty (30) days prior to the meeting and not less than sixty (60) days prior to the

meeting date. thereafter, at least seven (7) days prior to the meeting date.

     The annual meeting and all other meetings of the District shall be held in a public place,

which shall be accessible to the handicapped, pursuant to the requirements of the Rhode Island

Constitution, Article 1 & 2 and applicable federal and state non-discrimination laws.

     Sec. 4. SPECIAL MEETINGS

     (a) Special meetings of the Fire District may be called upon written request of not less

than twenty-five (25) one hundred (100) qualified voters, or may be called by a majority vote of

the board of Directors. Written application for a special meeting of the Fire District as well as the

notice thereof, shall mention the reason for such special meeting. Notice of the special meeting of

the Fire District shall be given in the same manner as the annual meeting not less than thirty (30)

days prior to the date of and thereafter at least seven (7) days prior to the date of the meeting. The

purpose of the special meeting of the Fire District shall be stated in the notice and call for meeting

and no other business shall be transacted.

     (b) Any special meeting of the Fire District called for the purpose of filling a vacancy

among district District officers shall be advertised in the same manner as the annual meeting, as

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set forth in Section 3 (c)(b) of this Charter.

     (c) Nothing herein shall be construed to prohibit the Board of Directors from calling a

special Board of Directors meetings, or Board work sessions or workshops as they may from time

to time require, as long as the meetings comply with the "Rhode Island Open Meetings Act"

(chapter 46 of title 46.)

     Sec. 5. DIRECTORS & OFFICERS OF THE CORPORATION–MODERATOR-

QUALIFICATIONS

     (a) The consolidated district board District Board shall be comprised of seven (7)

directors, Directors. none of whom shall be then serving as a Treasurer or Tax Collector of any

individual district, appointed by the respective Boards of each individual fire district and shall be

constituted as follows: Two (2) members shall be appointed by the Central Coventry Fire District;

Two (2) members shall be appointed by the Central Washington Fire District; One (1) member

shall be appointed by the Harris Fire District; One (1) member shall be appointed by the Tiogue

Fire District; the final member shall be appointed by the preceding six (6) members and may be

from any of the individual fire districts. The consolidated district Board of Directors shall elect a

President and Vice President, and all seven Directors shall be qualified to serve in office until at

least the next annual meeting. At the first meeting of the consolidated district, Thereafter, the

Board shall determine by some acceptable means, the order in which the members’ seats shall

come up for election.

     (b) Thereafter, three (3) Directors will be elected to a three (3) year term at the 2007

annual meeting and every third year thereafter. Two (2) directors shall be elected at the 2008

annual meeting and every third year thereafter. Two (2) Directors shall be elected at the 2009

annual meeting and every third year thereafter.

     (c) Any inhabitant qualified to vote at any District meeting may be a candidate for

District office, provided, however, that no one who is employed by the District as a firefighter, or

employed by another fire district in the Town of Coventry as a firefighter, or employed by

another municipality as a firefighter, or any relative, as defined in the Rhode Island Code of

Ethics [§36-14-2(1)] of a District employee shall be a candidate for District office, provided, that

no one who is employed as a firefighter shall be a candidate for District office, unless they have

been retired or separated from their employment for more than one year at the time of their

candidacy. such A candidate must submits submit to the District clerk Clerk the title of the

elective office sought, together with a petition signed by twenty (20) inhabitants qualified to vote

at any Fire District meeting, at least sixty (60) days prior to the date of the meeting, This list of

signatures is to be certified by the clerk District Clerk no later than thirty (30) days prior to an

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annual or special meeting of the District.

     (d)(c) The clerk Clerk of the District shall post in a conspicuous place a list of all persons

certified to stand for election and the office to which each person seeks election in at least eight

(8) public places within the district District, including all actively used District stations, at least

twenty (20) days prior to the annual meeting or any other special meeting called for the election

of officers.

     (e)(d) The Board of Directors shall have the power to declare an office vacant if the

person filling that office fails to attend three (3) consecutive monthly meetings of the Board.

without prior notification to the Board. The Board is authorized to excuse the absence of a

Director from any meeting.

     (f)(e) If a vacancy shall occur on the Board six (6) months or more prior to the next

regular election, a special election shall be called by the Clerk in the manner set forth in Sec. 4 of

the Charter. If the vacancy shall occur less than six (6) months prior to the next regular election,

the vacancy shall be filled for the unexpired terms by the remaining members of the Board. In the

event that a vacancy in any other elective office of the District occurs, the president President or

clerk Clerk shall call a meeting of the Board of Directors of the district District within ten (10)

working days after such vacancy occurs. The Board of Directors shall select a qualified elector of

the District to fill the vacancy for a period of up to sixty (60) days.

     (g) Upon the occurrence of any vacancy in any elective office of the District, the

president shall call a special meeting of the District for the purpose of electing a qualified elector

to fill the office vacated for the remainder of the original term of office. Said special meeting

shall be held within sixty-five (65) days from the date such original vacancy occurs.

     Sec. 6 DUTIES OF THE BOARD OF DIRECTORS

     (a) The Board of Directors shall hold monthly public meetings to conduct the business of

the District. The Board of Directors shall be empowered and responsible to: (1) Fix the amount of

the bond of the Finance Director or Treasurer and the Tax Collector; (2) Order payment of the

district’s bills and indebtedness; (3) Be in charge of and supervise the care of the district’s

properties; (4) Cause district property to be insured; (5) Purchase equipment, property and

apparatus as required by the District’s needs and budget; (6) Appoint an Administrative a Fire

Chief, Tax Collector and Treasurer and other employees. No less than one-half (1/2) of the

members of the Board of Directors shall constitute a quorum at any meeting of the Board.

     (b) The foregoing list of duties shall not be deemed to be limiting and the directors Board

of Directors shall have all necessary authority to operate and conduct the business of the District

as necessary, all within the bounds of the laws of the State of Rhode Island. The Board of

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Directors shall have the power to appoint and/or employ a tax assessor, tax collector, treasurer,

clerk, and other committees and/or positions deemed necessary for the efficient operation of the

District.

     (c) The members of the Board of Directors and any official appointed by said Board of

Directors shall be subject to the Rhode Island Code of Ethics in Government, Chapter 14 of Title

36 of the Rhode Island General Laws.

     (d) The president of said District shall preside at all annual and special meetings as

moderator; in his/her absence the vice president shall serve as moderator; in the absence of both,

a temporary moderator may be elected by a majority of voters present and voting.

     (e) The administrative duties of these Directors shall be specified in the by-laws of the

fire district District.

     (f) Recall of Director(s).

     Any Director, having been in office for at least six (6) months, may be removed from

office by a recall petition prepared and approved by the voters of the District in the manner

hereinafter provided for the recall.

     Upon application by a registered voter of the District, the Clerk of the District shall issue

recall petition blanks, which shall be dated, shall demand the removal of the designated Director,

and shall also state the cause upon which the removal is sought. The petition is to be filed with

the Clerk of the District within thirty (30) days after issuance to be in order for the certification

process.

     The signatures to a recall petition need not all be appended to a single paper, but each

signatory shall add their signature as the same appears in the records of the Board of Canvassers

and registration records, and the signatory's place of residence, including the street name and

number. One of the signatories shall take an oath before an officer competent to administer oaths

that the statement therein made is true, as the signer believes.

     The recall petition shall be signed by at least twenty percent (20%) of the registered

voters of the District for certification purposes. The petition is to be submitted by the Clerk of the

District to the Coventry Board of Canvassers and Registration for certification forthwith. If the

petition shall be found and certified by the Board of Canvassers and Registration to be sufficient,

the Board shall, within ten (10) days, submit the same to the Board of Directors without delay;

the Board of Directors shall order an election to be held on a Monday fixed by it not more than

seventy-five (75) days after the date of the Board of Canvassers and Registration's certificate that

a sufficient petition is filed. However, if the annual meeting is to occur within ninety (90) days

after the date of the certification, the Board of Directors shall postpone the holding of the recall

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election to the date of said annual meeting.

     Sec. 7. TAXING AUTHORITY - TAX ASSESSOR - CAP ON SPENDING, LEVY -

RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS.

     (a) Said The qualified voters at any of their legal meetings shall have the power to order

such taxes and provide for the assessing and collecting of the same on the taxable inhabitants and

property in said the district District as they shall deem necessary for purchasing fire engines, and

all other implements and apparatus for the extinguishing of fire; for the purchase of land and

buildings for keeping same; for the purchasing, installation, operation and maintenance of a

suitable alarm system; for making cisterns and reservoirs; for paying the salaries of district

District officers and employees, firemen, as well as the members of the rescue unit known as

Central Coventry Rescue. And such the taxes, so ordered, shall be assessed by the assessors of

said the district District on the taxable inhabitants and property therein according to the last

valuation made by the assessors of the town of Coventry next previous to said the assessment,

adding, however, any taxable property which may have been omitted by said town assessors the

tax assessors or afterwards acquired; and in assessing and collecting said the taxes such the

proceedings shall be had by the officers of said the district District, as near as may be, as are

required to be had by the corresponding officers of towns in assessing and collecting taxes.;

provided, however, that the tax assessed and payable in any one year under the provisions of this

section shall not exceed six (6) mills an on each dollar of valuation.

     (b) The qualified voters of the Central Coventry Fire District are also authorized to raise

money through taxes to purchase the necessary vehicles and equipment to operate and maintain a

rescue unit to be known as the Central Coventry Rescue.

     (c) TAX ASSESSOR

     There shall be at least one District Tax Assessor, who may also serve as District Clerk,

who shall be appointed or employed by the District. The tax assessor shall levy and assess taxes

at such rate as the district shall vote, on all taxable real and personal property in the district and

shall prepare and deposit the tax list with the tax collector and treasurer of the district; said board

shall assess property on the basis of the last valuation made by the assessors of the Town of

Coventry next previous to said assessment. Board of Directors. The Assessor shall be responsible

to certify the tax roll prior to the annual meeting, and shall report the same to the Board of

Directors.

     (d) Notwithstanding any other provision of this Charter, in no event, shall the qualified

voters of the District have the authority at the annual meeting to increase the annual budget

proposal recommended by the Board of Directors by more than four percent (4%) above the total

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proposed budget.

     In the event that an amendment to the budget proposes an increase of more than four

percent (4%) of the budget proposed by the Board of Directors, and all-day referendum shall be

required to approve said amendment. The all-day referendum shall be conducted by the Board of

Canvassers for the Town of Coventry and polling shall be open from 7:00 a.m. to 8:00 p.m.

     (e) Notwithstanding any other provision of this Charter, in no case, shall the qualified

voters of the District have the authority to increase the tax levy at the annual meeting by more

than four percent (4%) above the prior year's levy.

     In the event that an amendment to the budget proposes an increase of the tax levy by

more than four percent (4%) above the prior year's levy, an all-day referendum shall be required

to approve said increase to the levy. The all-day referendum shall be conducted by the Board of

Canvassers for the Town of Coventry and polling shall be open from 7:00 a.m. to 8:00 p.m.

     (f) RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS.

     At the annual meeting, the qualified electors of the District shall ratify all collective

bargaining agreements negotiated by the Board of Directors, which ratification shall be for each

year of the agreement, concurrent with the approval of the annual budget proposal, appropriation

and authorization to expend monies.

     Sec. 8 DISTRICT CLERK

     There shall be a District Clerk who shall be appointed or employed by the District. The

clerk Clerk shall keep full, fair and accurate records and minutes of the meetings of the Board of

Directors and district District meetings and shall make said minutes available to members of the

public, in accordance with the Rhode Island "Public Records Act", Chapter 2 of Title 38. of the

Rhode Island General Laws. The Clerk shall be responsible to give notice of District meetings as

set forth under the provisions of this Charter and pursuant to the Rhode Island "Open Meetings

Laws Act", Chapter 46 of Title 42. of the Rhode Island General Laws. The clerk Clerk shall

maintain a current copy of the District Charter and by–laws.

     Sec . 9 DISTRICT TREASURER FINANCE DIRECTOR - TREASURER

     There shall be a District Treasurer who shall be appointed or employed by the District.

The Board of Directors shall be empowered to employ a Finance Director or Treasurer, as the

same shall be referred to. The Treasurer holder of the position shall be responsible for

management and administration of the District, except for fire department operations, which shall

be the purview of a fire chief, and shall be responsible to and shall report to the Board of

Directors monthly. This person shall have a degree in accounting, or have a Certified Public

Accountant ("CPA") designation as minimum criteria. The following shall also be included as the

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duties and responsibilities of the holder of the position, as may be modified from time to time by

the Board of Directors:

     The holder of the position shall account for receive all money paid to the District and

deposit ensure that the same in is deposited into such federally insured bank or banking system

institution as shall be designated by the Board of Directors to the credit of the District, provided

that in the event of a surplus of funds, the Board of Directors may direct deposits to be made in a

savings account in some federally insured banking institution. The Treasurer holder of the

position shall sign all duly authorized distinct District notes and bonds and shall be bonded in an

amount to be determined by the Board of Directors. The Treasurer holder of the position shall pay

all District obligations by check, or ACH, provided the same are within the spending authority

established by the qualified electors at the annual meeting; otherwise, those expenditures shall be

as approved by the Board of Directors and shall close the books as of the last day of each fiscal

year. The Treasurer holder of the position shall submit a report to the Board of Directors monthly.

The Treasurer holder of the position shall at every annual meeting, fully report the condition of

the treasury of the District, showing receipts and expenditures of the preceding year.

     In addition to the foregoing, the holder of the position shall oversee all financial

operations of the District and direct financial planning and structure, coordinate, analyze and

report the financial performance to the Board; prepare short- and long-term financial forecasts of

financial performance for use with internal management and external parties; oversee audit

functions; develop, implement and maintain accounting and administrative policies and

procedures for financial accounting, employee relations and other District policies; coordinate all

human resource activities including employee benefits, retirement, corporate insurance and

related activities.

     Sec. 10 TAX COLLECTOR

     There shall be a District Tax Collector who shall be appointed or employed by the

District. The tax collector shall collect and pay to the District treasurer cause to be deposited into

a federally insured bank or banking institution as designated by the Board of Directors all taxes

and interest collected by him/her as and when received and shall be bonded in a sum fixed by the

Board of Directors; shall close his or her books as of the last day of each fiscal year and shall

prepare and present a written report to the annual meeting; shall submit a written report to the

treasurer Board of Directors monthly; shall consult an attorney approved by the Board when legal

action is necessary for the collection of unpaid taxes, including being responsible for holding an

annual tax sale on property to satisfy unpaid taxes owed to the District; and; shall be responsible

for the preparation of the tax roll.

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     Sec. 11 BY-LAWS

     The qualified voters of said the district District may enact all by-laws by them adjudged

necessary and expedient for carrying the provisions of this act into effect, provided the same be

not in violation of or repugnant to the laws of this state. The qualified voters may change any

provision of the by-laws at any annual or special meeting, provided the proposed change has been

noticed in the call of the meeting.

     Sec. 12. AUTHORIZATION TO BORROW FUNDS

     The Central Coventry fire district Fire District is hereby authorized and empowered to

borrow from time to time such sums of money as may be necessary, not however, to exceed the

sum of three hundred thousand ($300,000) dollars one-half (1/2) of the annual operating budget,

for the purpose of procuring real and personal estate, the erection and maintenance of buildings,

the procuring of fire and water apparatus, for the payment of any legal indebtedness of said

district, or for the purpose of purchasing or procuring any other property, real or personal, that

may be legally acquired and held by said district. such sums of money as may be necessary in

anticipation of current taxes and revenues.

     Sec. 13. CAP ON INDEBTEDNESS

     The Central Coventry Fire District shall not, in any year, have indebtedness of more than

fifteen percent (15%) of that year's annual budget.

     Sec. 13. 14. The Central Coventry fire district Fire District is authorized to install lighting

on the streets and highways of the district.

     Sec. 14. 15. PRESERVATION OF RIGHTS UNDER EXISTING LABOR

CONTRACTS

     In accordance with the provision provisions of Section 19.1 of Chapter 7, Title 28 of the

Rhode Island General Laws §28-7-191, this act of consolidation shall not impair the provisions of

any existing labor contracts for persons employed by any of the individual fire districts.

Notwithstanding this consolidation, the labor contracts shall continue in full force and effect until

their termination dates or until otherwise agreed by the parties or their legal successors.

     Sec. 15. 16. This act shall take effect no later than sixty days after its enactment, and all

acts or parts of acts inconsistent herewith or repugnant thereto, are hereby repealed.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

IN AMENDMENT OF THE INCORPORATION OF THE CENTRAL COVENTRY FIRE

DISTRICT IN FURTHERANCE OF THE "CONSOLIDATION PLAN" OF THE CENTRAL

COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING DISTRICT, THE HARRIS

FIRE AND LIGHTING DISTRICT AND THE TIOGUE FIRE DISTRICT AS APPROVED BY

THE QUALIFIED VOTERS OF SAID DISTRICTS, AT DULY CALLED MEETINGS HELD

ON MARCH 28, 2006

***

     This act would amend and make a number of changes to the legislative charter of the

Central Coventry Fire District.

     This act would take effect no later than sixty days after its enactment, and all acts or parts

of acts inconsistent herewith or repugnant thereto, are hereby repealed.

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