2019 -- H 6034

========

LC002481

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO THE MANVILLE FIRE DISTRICT -- AMENDMENT OF CORPORATE

CHARTER

     

     Introduced By: Representatives Ackerman, and Lyle

     Date Introduced: April 26, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Manville Fire District Charter: Sections 2, 3, 4, 5, 6, 6a, 6b, 6c, 7, 8, 8a, 8b,

2

8c, 8d, 9, 10 and 11 of an act, entitled, "An Act to incorporate the Manville Fire District", passed

3

at the May session, A.D. 1891, as amended by an act passed at the January session, A.D. 1893, by

4

chapter 1644 of the public laws, passed at the January session, A.D. 1908, and by chapter 1168 of

5

the public laws, passed at the January session, A.D. 1914 and by chapter 2426 of the public laws,

6

passed at the January session, A.D. 1923, and by the acts and resolves at the January session,

7

A.D. 1953, and by chapter 3565 of the public laws passed at the January session, A.D. 1955, and

8

by the acts and resolves passed at the January session, A.D. 1958, and by chapter 26 of the public

9

laws passed ·at the January session, A.D. 1980, and by chapter 19 of the public laws, passed at

10

the January session, A.D. 1988 are hereby repealed:

11

     Section 2. The taxpayers of said district qualified to vote in town affairs or propositions to

12

impose taxes or for the expenditures of money shall be eligible to vote and act in all meetings of

13

the corporation Provided, however, that such taxpayers must have paid their taxes in full to the

14

fire district not less than ninety-six (96) hours previous to the time specified for the meetings at

15

which they may desire to vote.

16

     Section 3. There shall be an annual meeting of said corporation on the second Tuesday in

17

September of each and every year, for the purpose of electing officers, ordering taxes and

18

providing for assessing and collecting the same, enacting by-laws as prescribed in section 10 and

 

1

transacting such business or adopting such measures, consistent with the charter, which the

2

qualified voters at said meeting shall deem beneficial to the fire district. The newly elected

3

officers shall assume office on the first day of October of the same year. And in order to bring

4

before that annual meeting any measure pertaining to the fire district it shall not be necessary that

5

the purpose of the meeting be specified in the notice or notices posted to call said meeting. All

6

meetings of said corporation shall be called by the clerk, or in the event of his death or inability,

7

by the moderator, by posting notices not less than fourteen (14) days before each ~ meetings in

8

eight (8) public places within the district and by advertising two (2) local newspapers three (3)

9

days prior to date of said meeting. Each notice posted and each newspaper advertisement shall

10

contain time and place at which such meeting is to be held. In the case of a special meeting where

11

the posting of notices for fourteen (14) days prior to the date would create ate a financial

12

emergency, the clerk or in the event of his death, the moderator shall at the direction of the board

13

of fire wardens advertise in two (2) local newspapers notice of said special meeting three (3) days

14

prior to the date of said special meeting.

15

     Section 4. Special meetings of said corporation shall be held for purposes pertaining to

16

the fire district, provided an application in writing be made to the clerk of the corporation by all

17

fire wardens or by thirty (30) or more qualified voters of said fire district; setting forth

18

specifically the whole purpose of the desired meeting. Business at such meeting shall be limited

19

to the specific item(s) specified on the warrant for said special meeting. It shall thereupon be the

20

duty of the clerk, (or in case of his death or inability, of the moderator), to issue notices of the

21

proposed meeting in the manner prescribed in section 3, which notices shall specify the subject to

22

be acted upon, mention the names of the fire wardens, or of not less than thirty (30) taxpayers

23

who shall have applied for the holding of said meeting, and be signed by the clerk or by the

24

moderator of the corporation.

25

     Section 5. The officers of the fire district shall consist of one (1) moderator, one (1) clerk,

26

one (1) treasurer, one (1) tax collection, three (3) assessors of taxes, two (2) auditors, five (5) fire

27

wardens; and said officers shall be elected by the qualified voters at the annual meeting of the fire

28

district to remain in office until the next annual meeting or the election of their successors. Any

29

officer who shall neglect his duty may be impeached by a two-thirds (2/3) vote of the voters of

30

the district present at the meeting at which such vote is taken. All vacancies occurring by reason

31

of death, incapacity, resignation, or the retirement of any officer may be filled at a special

32

meeting of the district called for that purposes; provided, however, that any vacancy occurring

33

within the two (2) months preceding the annual meeting shall be filled by a majority vote of the

34

board of fire wardens.

 

LC002481 - Page 2 of 7

1

     Section 6. The terms of the tax assessors, auditors, and the fire wardens shall be for two

2

(2) year terms. All other officers shall be elected for one (1) year terms.

3

     Section 6a. Election of Tax Assessors: -- At the annual meeting on the even numbered

4

years, two (2) tax assessors shall be elected for a two (2) year term and on the odd numbered

5

years one (1) tax assessor shall be elected to a two term.

6

     Section 6b. Election of Fire Wardens: -- At the annual meeting on the even numbered

7

years three (3) fire wardens shall be elected for two (2) year terms and on the odd numbered years

8

two (2) fire wardens shall be elected to two (2) year terms.

9

     Section 6c. At the annual meeting one (I) auditor shall be elected for a two (2) year term.

10

     Section 7. The moderator shall preside at all annual and special meetings of the fire

11

district which shall have been called by proper notice; and at such meetings shall conduct the

12

proceedings, decide all discussions according to law, and have command over all the records of

13

the clerk, of the treasurer, and of the tax collector during such meetings. The rulings or decisions

14

of the moderator at said meetings shall be binding upon the fire district. The decision of the

15

presiding officer may be appealed upon by those present and entitled to a vote and a two-third

16

(2/3) majority of the voters will be required to sustain the appeal and overrule the decision. An

17

appeal of his decisions or ruling may be taken by an qualified voter of said district to the superior

18

court to be holden within the county of Providence. All meetings whether annual or special

19

meetings of the fire district shall be conducted in accordance with Robert's "Rules of Order".

20

     Section 8. The fire chief shall be appointed by the board of fire wardens. The deputy fire

21

chief shall be appointed by the board of fire wardens on the recommendation of the fire chief.

22

These appointments shall be made whenever a vacancy occurs. The fire chief and the deputy fire

23

chief shall serve under the direction of the board of fire wardens.

24

     Section 8a. The appointment of the fire chief and the deputy fire chief shall be for a

25

probationary period of three (3) full years, beginning with the first day of appointment. At the end

26

of the probationary period, the board of fire wardens shall grant tenure with a majority vote.

27

     Section 8b. If the need for dismissal due to just cause of a fire chief or a deputy fire chief

28

occurs, a hearing will be held with all concerned present. At that time a four (4) out of five (5)

29

majority vote of the board of fire wardens will be necessary for dismissal.

30

     Section 8c. The fire chief or the deputy fire chief in the case of dismissal by the board of

31

fire wardens may petition his case to said board of fire wardens for a second hearing within

32

seventy-two (72) hours. In the event that the dismissal is upheld a fire chief or a deputy fire chief

33

may as a final plea, bring his plea to the members of the Manville fire district within fourteen (14)

34

days of the second hearing according to the law of special meetings. Then and only then can the

 

LC002481 - Page 3 of 7

1

decision of the fire wardens be reversed by a 2/3 majority of eligible voters present and voting.

2

Should the probationary period not end in tenure, the fire chief or the deputy fire chief as the right

3

of due process in accordance with the rules of section 8.

4

     Section 8d. The fire chief and the deputy fire chief or any other executive officer of the

5

fire department when on duty at a fire in the fire district where the fire headquarters or station of

6

said company is located or in response to an alarm for such a fire shall in absence of the police

7

have the power to suppress any tumult or disorder and to command the inhabitants of the fire

8

district all needful assistance for the suppression of fire and in preservation of property exposed

9

to fire the officers above enumerated shall have authority to go onto and enter property or

10

premises and do whatever may reasonably be necessary in the performance of their duties while

11

engaged in the work of extinguishing any fire or performing any duties incidental thereto. The

12

fire chief and deputy fire chief are authorized to procure the assistance of the state fire marshal's

13

division of fire safety in their fire fighting activities when necessary.

14

     Section 9. No member of the fire department of the Manville fire district who, while on

15

duty performing the duties of a fire fighter or rescue person, and in the performance of said duty

16

voluntarily and gratuitously renders emergency assistance to a person in need thereof, shall be

17

liable for civil damages for any personal injuries which result from acts or omissions by such

18

persons rendering the emergency care which may constitute ordinary negligence. This immunity

19

does not apply to acts or omissions constituting gross, willful, or wanton negligence. The fire

20

chief and deputy fire chief and all members of this fire department shall not render themselves

21

liable personally and they are hereby relieved from all personal liability for any damage that may

22

occur to persons or property as a result of an act required or permitted in the discharge of their

23

official duties and any fire chief and deputy fire chief acting in good faith and without malice,

24

shall be free from liability for acts performed or by any reason of his failure to act in the

25

performance of his official duties.

26

     Section 10. The qualified voters of said fire district shall at the annual meeting or at a

27

special meeting called for this purpose, have the power to propose changes in the by-laws

28

consistent with this charter. Final passage of said by-laws shall require the approval of voters at a

29

subsequent meeting to be held no less than thirty (30) days and no more than sixty (60) days from

30

the date of the proposal.

31

     Section 11. Such fire company, including the rescue service, shall constitute the fire

32

department with the fire district under the command of the fire chief and shall be governed by the

33

fire district. Such company shall also be subject to the provisions contained in chapter 152 and

34

200 of the public statutes and all acts in amendment thereto and to the exemptions, privileges, and

 

LC002481 - Page 4 of 7

1

remedies therein provided and the rules and regulations of the department of health pertaining to

2

rescue service.

3

     SECTION 2. Manville Fire District Charter: The act, entitled, "An Act to incorporate the

4

Manville Fire District", passed at the May session, A.D. 1891, as amended by an act passed at the

5

January session, A.D. 1893, by chapter 1644 of the public laws, passed at the January session,

6

A.D. 1908, and by chapter 1168 of the public laws, passed at the January session, A.D. 1914 and

7

by chapter 2426 of the public laws, passed at the January session, A.D. 1923, and by the acts and

8

resolves at the January session, A.D. 1953, and by chapter 3565 of the public laws passed at the

9

January session, A.D. 1955, and by the acts and resolves passed at the January session, A.D.

10

1958, and by chapter 26 of the public laws passed at the January session, A.D. 1980, and by

11

chapter 19 of the public laws, passed at the January session, A.D. 1988 is hereby amended by

12

adding thereto the following sections:

13

     Section 2. Voter Eligibility: The qualified voters residing within said district shall be

14

eligible to vote at the annual meeting of the corporation. Such qualified voters shall be eligible to

15

hold any office in the corporation. Voter eligibility will be further defined in the district bylaws.

16

     Section 3. Annual Meeting: There shall be an annual meeting of said corporation on the

17

second Tuesday in September for the purpose of electing officers, ordering taxes and providing

18

for assessing and collecting the same. The annual meeting date and requirements for said meeting

19

will be defined in the district bylaws.

20

     Section 4. Special Meetings: Special meetings of said corporation shall be held for

21

purposes pertaining to the fire district; provided a written request be made to the Board of Fire

22

Wardens Chairman and Clerk of the corporation by at least two (2) Fire Wardens or by thirty (30)

23

or more qualified voters of said fire district; setting forth specifically the whole purpose and

24

agenda topics of the desired meeting. Business at such meetings shall be limited to the specific

25

item(s) specified on the warrant/notice for said special meeting. It shall thereupon be the duty of

26

the Clerk to issue notices of the proposed meeting in the manner defined in the district bylaws.

27

     Section 5. District Officers: The officers of the fire district shall consist of five (5) Fire

28

Wardens. Said officers shall be elected by the qualified voters at the annual meeting of the fire

29

district and shall remain in office until the expiration of their term. Any officer who shall neglect

30

his or her duty may be impeached by a two-thirds (2/3) vote of the voters of the district present at

31

the meeting at which such vote is taken.

32

     All vacancies for any officer position may be filled at a special meeting of the district

33

called for that purpose; provided, however, that any vacancy occurring within the two (2) months

34

preceding the annual meeting shall be filled by the affirmative vote of three (3) Fire Wardens for

 

LC002481 - Page 5 of 7

1

an interim term lasting until that annual meeting. All elected officers shall assume office on the

2

first day of October of the same year. The terms and duties of the officers will be defined by the

3

district bylaws.

4

     Section 6. Appointed Personnel: The Board of Fire Wardens will appoint one (1)

5

Treasurer, one (1) Tax Collector and one (1) Clerk by the affirmative vote of three (3) Fire

6

Wardens. The terms and duties of the appointed positions will be defined by the district bylaws.

7

     Section 7. Presiding of Meetings: The Board of Fire Wardens Chairman shall preside

8

over all meetings of the fire district including the annual meeting and special meetings unless a

9

Moderator is appointed by the affirmative vote of three (3) Fire Wardens; and at such meetings

10

shall conduct the proceedings, decide all discussions according to law, and have command over

11

all the records of the Clerk, of the Treasurer, and of the Tax Collector during such meetings. The

12

rulings of the Board at said meetings shall be binding upon the fire district. The annual meeting

13

may be conducted by any Fire Warden that is not eligible for re-election that term or, in the

14

alternative, by a Moderator selected by the affirmative vote of three (3) Fire Wardens. All

15

meetings of the fire district shall be conducted in accordance with Robert's "Rules of Order".

16

     Section 8. Operations Personnel: The Board of Fire Wardens shall hold control over the

17

operations of the fire district and hold within its authority the power to appoint a Fire Chief and

18

Deputy Fire Chief to manage all firefighting activities in the district and otherwise subject to the

19

authority of the Board of Fire Wardens. The confirmation of a Fire Chief and Deputy Fire Chief

20

requires an affirmative vote of three (3) Fire Wardens. The process, terms and duties of the

21

appointed positions will be defined by the district bylaws.

22

     Section 9. Amendments: The Board of Fire Wardens shall have the power to make

23

changes to their bylaws and their policy and procedures consistent with this charter. Final passage

24

of said bylaws and policy and procedures or any amendment thereto shall take place at an open

25

meeting as defined in the district bylaws.

26

     SECTION 3. This act shall take effect upon passage.

========

LC002481

========

 

LC002481 - Page 6 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE MANVILLE FIRE DISTRICT -- AMENDMENT OF CORPORATE

CHARTER

***

1

     This act would repeal the existing provisions of the Corporate Charter and would replace

2

them in their entirety.

3

     This act would take effect upon passage.

========

LC002481

========

 

LC002481 - Page 7 of 7