2020 -- H 7864 | |
======== | |
LC004225 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
CREATING THE HOPE VALLEY AND WYOMING FIRE DISTRICT | |
| |
Introduced By: Representatives Kennedy, Price, and Azzinaro | |
Date Introduced: February 26, 2020 | |
Referred To: House Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The Hope Valley/Wyoming Fire District is hereby incorporated, restated |
2 | and amended in the manner and form as follows and its provisions are restating any and all of the |
3 | provisions of chapter 171 of the 1982 Public Laws entitled "An Act Creating the Hope |
4 | Valley/Wyoming Fire District": |
5 | I TITLE AND OBJECT |
6 | A. Title. All that part of the Towns of Hopkinton and Richmond, Rhode Island, described |
7 | in Appendix A, Amendment A-1, Amendment A-2 and as hereafter amended, is herein |
8 | incorporated into a fire district known as the Hope Valley/Wyoming Fire District. |
9 | B. Object. Its object shall be the prevention and extinguishment of fires, the protection |
10 | and preservation of life and property endangered by fire or any related emergencies that may |
11 | occur within the boundaries of the Hope Valley/ Wyoming Fire District. |
12 | II ELIGIBLE VOTERS |
13 | A. Every person, having reached the age of eighteen (18) years who resides in said Hope |
14 | Valley/ Wyoming Fire District and is an eligible voter in the towns of Hopkinton or Richmond or |
15 | is a taxpayer to the Hope Valley/Wyoming Fire District, shall have the right to vote at any |
16 | meeting of the Hope Valley/Wyoming Fire District or any adjournment thereof. |
17 | B. Any person who is granted an exemption, the amount of which exceeds the total |
18 | assessment of said person's property, within Hope Valley/Wyoming Fire District, shall be |
19 | considered an eligible voter. |
| |
1 | C. No corporation or stockholder or officer thereof, nor any executor, administrator or |
2 | trustee, nor any other person acting in a fiduciary capacity shall be eligible to vote. |
3 | Ill MEETINGS |
4 | A. The annual meeting of the Hope Valley/Wyoming Fire District shall be held on the |
5 | third Wednesday in July of each year at 7:00 p.m. at a location to be specified in the call of the |
6 | meeting. The Board of Directors shall determine the location of said meeting. All meetings of the |
7 | Hope Valley/Wyoming Fire District shall at all times be held within the boundaries of the Hope |
8 | Valley/Wyoming Fire District. |
9 | B. Special meetings of the Hope Valley/ Wyoming Fire District may be called by the |
10 | Board of Directors or upon written request, signed by at least twenty (20) eligible voters, setting |
11 | forth the purpose of said call, delivered to the clerk. Said meeting shall be called within fourteen |
12 | (14) days from the date of delivery of said request to the clerk. |
13 | C. Adjourned meeting. Any business conducted or transacted at any annual or special |
14 | meeting may be referred to an adjourned meeting, upon request of the majority of eligible voters |
15 | present at any such meeting, for the purpose of voting on such matters, either by paper ballot or |
16 | machine. Voting hours and date shall be determined by the Board of Directors at a location within |
17 | the boundaries of the Hope Valley/Wyoming Fire District that is easily accessible and convenient |
18 | to the eligible voters of the Hope Valley/ Wyoming Fire District. |
19 | D. A public hearing shall be held on the last Thursday in June of each year for the |
20 | purpose of presenting the proposed annual budget for the forthcoming year at a location and time |
21 | determined by the Board of Directors. The public hearing shall at all times be held within the |
22 | boundaries of the Hope Valley/Wyoming Fire District at a location that is easily accessible and |
23 | convenient to the eligible voters of the Hope Valley/Wyoming Fire District. The clerk shall give |
24 | notice of the public hearing in the manner provided for in Article VIII, Section B of this charter. |
25 | IV Quorum |
26 | A. A quorum at any meeting of the Hope Valley/ Wyoming Fire District shall be twenty |
27 | (20) eligible voters except at the monthly Board of Directors meeting where the quorum shall be |
28 | three (3) Board members. In the event, that for any reason, a quorum is not present at the time a |
29 | meeting is scheduled to open, the Board of Directors is herewith authorized to delay the opening |
30 | time of said meeting for such period of time, as in the discretion of the Board of Directors, shall |
31 | best serve the interests of the Hope Valley/Wyoming Fire District. |
32 | V POWER OF THE ELIGIBLE VOTERS |
33 | (A)(1) All candidates for elected office must submit their name and the particular office, |
34 | which they are seeking in writing, to the clerk by 4:30 p.m. thirty (30) days prior to the annual |
| LC004225 - Page 2 of 14 |
1 | meeting. Nominations from the floor at the annual meeting shall be prohibited. All candidates for |
2 | elected office must meet the qualifications set forth in this chapter. |
3 | (2) They shall order such taxes and provide for the assessment and collection of same, on |
4 | all real and such personal property within the boundaries of the Hope Valley/Wyoming Fire |
5 | District as they deem necessary for the: |
6 | (a) Proper creation, maintenance and support of the fire department in said Hope |
7 | Valley/Wyoming Fire District, including, but not limited to, the purchasing of real estate to house |
8 | all necessary equipment and firefighting apparatus or for the betterment of the District. |
9 | (b) Purchase of all necessary fire apparatus and firefighting equipment and generally for |
10 | all things necessary and proper for maintenance, with the Hope Valley/Wyoming Fire District, of |
11 | a suitable and proper fire department and supplying it with proper equipment to carry into effect |
12 | and attain the objectives of which this act is declaratory. |
13 | (c) Improvement in any manner they may deem necessary of the property belonging to |
14 | the Hope Valley/Wyoming Fire District. |
15 | (d) Creation of a reserve fund for the future maintenance and replacement of property and |
16 | apparatus. |
17 | (e) Payment of any charges and expenses arising within the Hope Valley/Wyoming Fire |
18 | District, incidental or not to the above. |
19 | (f) Provision of salaries and employee's benefits to those persons presently or previously |
20 | employed by the Hope Valley/Wyoming Fire District. |
21 | (3) They shall establish such penalties as they deem necessary on all taxes not paid, as |
22 | provided in the assessment aforesaid. |
23 | (4) They shall exempt from taxation such property within the boundaries of the Hope |
24 | Valley/Wyoming Fire District as shall be approved by the vote of seventy-five (75%) percent of |
25 | the eligible voters present at any meeting of the Hope Valley/Wyoming Fire District. Provided, |
26 | however, that no exemption shall be granted unless the request for said exemption shall be |
27 | specifically set forth in the call of the meeting at which it is to be considered. Such exemption, |
28 | when granted, shall continue indefinitely, unless a specific term shall be specified, |
29 | VI PROPERTY EXEMPT FROM TAXATION |
30 | A. No property shall be exempt from taxation unless said exemption shall be approved in |
31 | the manner aforesaid, Section V.A.4., except that property which is exempt by state or federal |
32 | statute. |
33 | VII OATH OF OFFICE |
34 | A. Upon election or appointment of any officer of the Hope Valley/Wyoming Fire |
| LC004225 - Page 3 of 14 |
1 | District, the person elected or appointed, shall take the following oath of office, to be |
2 | administered by the clerk. "I,_______________, having been duly elected/appointed to the office |
3 | of _____________of the Hope Valley/ Wyoming Fire District, do hereby swear that I will carry |
4 | out all obligations and responsibilities of said office in accordance with the charter of the Hope |
5 | Valley/Wyoming Fire District and all rules and regulations therein, to the best of my ability. " |
6 | VIII OFFICERS OF THE HOPE VALLEY/WYOMING FIRE DISTRICT |
7 | A. Board of Directors. The Board of Directors shall consist of five (5) members elected |
8 | in the manner provided in Section IX A. of this charter. |
9 | (A)(1) The Board of Directors shall elect one of its members as chairperson and one of its |
10 | members as vice chairperson. The chairperson, and in the absence of the chairperson, the vice |
11 | chairperson, shall preside at all meetings of the Hope Valley/Wyoming Fire District and shall |
12 | conduct all meetings in accordance with "Roberts Rules of Order" (latest revision). |
13 | (2) The Board of Directors shall appoint all committees. |
14 | (3) The chairperson of the Board of Directors shall administer the oath of office to the |
15 | clerk. |
16 | (4) Whenever any vacancy shall occur either through death, resignation, disability, or |
17 | removal for cause, the Board of Directors shall appoint a replacement to serve in such capacity |
18 | until the next annual or special meeting, subject to the qualification of the district officers |
19 | enumerated in subsection XI of this charter. |
20 | (5) The Board of Directors shall appoint a replacement as acting treasurer, who in the |
21 | absence or disability of the treasurer shall have the authority to sign checks and assume other |
22 | duties of the treasurer. Said person shall provide bond in the amount to be determined by the |
23 | Board of Directors. |
24 | (6) The Board of Directors, acting on behalf of the Hope Valley/Wyoming Fire District, |
25 | shall have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or |
26 | determine such causes. The Hope Valley/Wyoming Fire District shall indemnify any Board |
27 | member, officer, or member for damages, judgment, settlements, costs and expenses incurred in |
28 | connection with any action, suit or appeal therefrom, arising out of an alleged or actual breach of |
29 | duty, neglect, error, misstatement, or omission, or any other matter claimed against said person |
30 | solely by reason of their being an officer of the Hope Valley/ Wyoming Fire District. |
31 | (7) The Board of Directors may exempt from taxation such property within the |
32 | boundaries of the Hope Valley/Wyoming Fire District. The Board of Directors may reduce or |
33 | exempt taxes based upon hardship on a case-by-case basis. The Board of Directors based upon |
34 | evidence/testimony of the requester shall determine hardship cases. |
| LC004225 - Page 4 of 14 |
1 | (8) The Board of Directors shall provide for the auditing of the financial record of the |
2 | Hope Valley/ Wyoming Fire District. |
3 | (9) The Board of Directors shall approve all mutual aid contracts with other fire districts |
4 | or fire departments. |
5 | (10) The Board of Directors shall approve all bills and prepare an annual budget for |
6 | presentation to the voters at the annual meeting. |
7 | (11) The Board of Directors shall have the authority to retain legal counsel at an annual |
8 | cost to be determined by the eligible voters of the Hope Valley/Wyoming Fire District. Said legal |
9 | counsel shall be available in an advisory capacity for all committees of the Hope |
10 | Valley/Wyoming ng Fire District and shall render legal opinions, whenever requested to do so, on |
11 | any questions or inconsistencies pertaining to the charter. |
12 | B. Clerk. The appointed clerk shall give notice of every annual meeting, special meeting |
13 | or adjourned meeting of the Hope Valley/Wyoming Fire District by placing a printed notice of |
14 | the call of any such meeting in five (5) public places, at least seven (7) days prior to such |
15 | meeting. Further, the clerk, shall advertise the call of such meeting, once in a local newspaper, |
16 | within seven (7) days of such meeting. The clerk shall take the minutes of all meetings and shall |
17 | be held responsible for the maintenance of same. The clerk shall administer the oath of office to |
18 | all duly elected or appointed officers of the Hope Valley/Wyoming Fire District, except the office |
19 | of clerk as hereinbefore provided. |
20 | C. Treasurer. The treasurer, appointed in a manner provided in section IX of this charter, |
21 | before proceeding to discharge these duties, shall give bond to the Hope Valley/Wyoming Fire |
22 | District in such sum and with such surety as the eligible voters may determine, which will |
23 | provide for the faithful discharge of the duties of the office. Said bond shall be deposited with the |
24 | clerk. |
25 | The treasurer shall pay out and expend only those funds that are authorized to be |
26 | expended by vote of the eligible voters of the Hope Valley/Wyoming Fire District at any annual |
27 | meeting, special meeting or adjourned meeting. The Treasurer shall have the authority to hire |
28 | such sums, subject to the limitations as hereinafter set forth, to carry on the affairs of the Hope |
29 | Valley/Wyoming Fire District and shall have the authority to invest any surplus funds, subject to |
30 | the advice and consent of the Board of Directors, in any interest bearing accounts bylaw. |
31 | D. Tax Collector. The tax collector, appointed in a manner provided in section IX of this |
32 | charter, before proceeding to discharge these duties, shall give bond to the Hope Valley/ |
33 | Wyoming Fire District in such sum and with surety as the eligible voters of the Hope Valley/ |
34 | Wyoming Fire District shall determine, which will provide for the faithful performance of the |
| LC004225 - Page 5 of 14 |
1 | duties of the office. Said bond is to be deposited with the clerk. |
2 | The tax collector shall pay over to the treasurer on the first business day of each month |
3 | the total taxes collected during the previous month, or at frequent intervals, at the option of the |
4 | tax collector. |
5 | The tax collector may determine and assess all real and tangible property, other than |
6 | motor vehicles, located within the boundaries of the Hope Valley/Wyoming Fire District, on |
7 | December 31st of each year in the same amount assessed by the towns of Richmond and |
8 | Hopkinton. The tax collector shall have the power to assess any property exempt, omitted, |
9 | understated or overstated by the towns of Hopkinton and Richmond. The date of collection shall |
10 | be the September 30th following said assessment. Provided, however, in the event of the grand |
11 | list of the towns of Hopkinton and Richmond is not certified by June 15th of any year, the tax |
12 | collector, on approval of the Board of Directors shall have the authority to change the date of said |
13 | collection not more than thirty (30) days from the date of said certification of the grand list by the |
14 | towns of Hopkinton and Richmond. |
15 | The tax collector shall, after receipt of the list of assessment from the towns of Hopkinton |
16 | and Richmond and assessing any property omitted, exempted, understated or overstated, produce |
17 | a tax bill based on the tax rate approved by the eligible voters of the Hope Valley/Wyoming Fire |
18 | District and further shall maintain records on all tax collections and delinquent charges and |
19 | provide annual written reports thereof. |
20 | The tax collector shall be empowered, subject to approval by a majority of the Board of |
21 | Directors, to appoint an agent for collection of taxes. Said agent at the time of appointment shall |
22 | give bond to the Hope Valley/Wyoming Fire District in such sum and with surety as the eligible |
23 | voters of the Hope Valley/Wyoming Fire District shall determine, which will provide for the |
24 | faithful performance of the duties of said agent. |
25 | E. Board of Assessment Review |
26 | (a) Membership; appointment; term; filling of vacancies. There shall be a board of |
27 | assessment review consisting of three (3) members appointed by the Board of Directors for a term |
28 | of three (3) years. The members first appointed shall serve for a term of one, two (2) and three (3) |
29 | years respectively. Each appointed member shall hold office on said board until a successor is |
30 | appointed and qualified. Vacancies on said board which may occur in the appointed membership |
31 | of said board, for any reason whatsoever, shall be filled by the Board of Directors for the |
32 | unexpired term. |
33 | (b) Powers and duties as to appeals. The board of assessment review shall hear and |
34 | consider appeals from property owners regarding the amount of property assessment as |
| LC004225 - Page 6 of 14 |
1 | determined by the tax collector; provided however, such appeals are filed within thirty (30) days |
2 | of the last date appointed for payment without penalty of such tax; and provided further, that in |
3 | case such property owner has not filed an account of all the ratable personal estate owned or |
4 | possessed by the same, within the time prescribed by law, the taxpayer shall not have the benefit |
5 | of any appeal regarding the assessment on the taxpayer's ratable personal estate unless the tax |
6 | assessed on said personal estate is illegal in whole or in part; and said appeal shall be limited to a |
7 | review of the assessment on real estate to relief with respect to such illegal tax, as the case may |
8 | be. Said board shall have authority to administer oaths and receive testimony and exhibits. It shall |
9 | have the power to change any assessment so applied and reviewed, but only after the tax collector |
10 | has been given an opportunity to appear before the board or otherwise present the tax collector's |
11 | case; provided however, that this provision shall in no way alter legal requirements existing on |
12 | the effective date of this article relative to review of abatements. Hearings of the board of |
13 | assessment review shall be open to the public. Nothing herein contained shall be construed in any |
14 | way to limit or extend the right of a taxpayer to apply to a court of competent jurisdiction for |
15 | relief from any assessed valuation or tax originally determined by the tax collector or |
16 | subsequently by the board of assessment review in accordance with the general laws of Rhode |
17 | Island, as amended, or any other law thereto appertaining and all amendments and additions to |
18 | any such laws for relief from assessments as originally made by the tax collector. In the absence |
19 | of the Board of Tax Assessment Review, the Board of Directors shall assume the powers and |
20 | duties of said board. |
21 | (c) Procedures as to appeals. The procedure to be followed is the filing of appeals by the |
22 | property owners from assessments as determined by the tax collector is as follows: |
23 | (1) All appeals to the board of assessment review shall be on petitions provided by such |
24 | board |
25 | (2) All questions on said petitions must be answered fully. |
26 | (3) A separate petition shall be filed by an owner or owners for each parcel of property |
27 | for which a review is requested or an appeal taken as provided herein. |
28 | (4) The landowners of record must file all petitions or if this is not possible, the mark of |
29 | the signature of the landowner's legal representative must appear. |
30 | (5) Petitioners will be notified of the date, time, and place of the hearing. |
31 | (6) The landowner of record, or the landowner's representative, must appear at said |
32 | hearing. If persons other than the owner of record are to appear, then a written authorization filed |
33 | by the landowner of record must be presented and recorded with said board. |
34 | (7) Failure on the part of any petitioner or petitioner's legal representative to appear at the |
| LC004225 - Page 7 of 14 |
1 | time and place designated by said board for a petition to be heard, without prior notification being |
2 | given to the board, will be recorded as a default by nonappearance. Any petition for which a |
3 | default is so recorded will not be reheard for a period of one fiscal year. No petition may be |
4 | resubmitted for any year for which a prior petition was recorded as a default due to |
5 | nonappearance of the petitioner or petitioner's legal representative. |
6 | (8) At any and all hearings, the petitioner may be represented by his or her attorney and |
7 | any petitioner may present expert witnesses or any other witnesses who may testify at the hearing |
8 | before said board. |
9 | (9) All testimony given before said board shall be under oath and shall be tape recorded. |
10 | (10) The proceedings of the board of assessment review shall be recorded and kept in a |
11 | minutes book provided by said board. |
12 | (11) All decisions of the board of assessment review shall be made in writing. Notice |
13 | shall be given in writing to the owner, tax collector and treasurer. |
14 | (12) All petitioners shall be notified in writing of the decision of said board and the |
15 | amount of assessment of their property by said board. |
16 | (13) All petitions will be acknowledged by the board of assessment review by mail. |
17 | (d) Qualifications and organization of board. The members of the board of assessment |
18 | review shall be selected upon the basis of their knowledge of the subject of property taxation and |
19 | real estate values and shall at the time of their appointment have been residents of the Hope |
20 | Valley/Wyoming Fire District and shall continue during their terms of office. If a member of said |
21 | board shall cease to be a resident, said office shall be deemed vacant. The members of said board |
22 | shall constitute a quorum. The members of said board at their first meeting shall elect one of their |
23 | members as chairman and thereafter shall elect a chairman upon the appointment of any new |
24 | member for a full term or whenever the office may become vacant. |
25 | F. District Chief. The district chief shall have full command of the fire district other than |
26 | in areas so designated within this act. He or she shall decide disputes and questions arising out of |
27 | matters connected with the fire district among the officers and personnel. He or she shall be |
28 | responsible for property of the Hope Valley/Wyoming Fire District and shall enforce the rules |
29 | and regulations of the Hope Valley/Wyoming Fire District. The district chief shall report monthly |
30 | to the Board of Directors and shall have the powers and duties delegated by the state of Rhode |
31 | Island to the principal officer of the fire departments located within the state of Rhode Island. |
32 | G. If the chief should become incapacitated such that he or she cannot perform the duties |
33 | of chief for an extended period of time, the Board of Directors may appoint an acting chief to |
34 | serve until the chief is able to again carry out his or her responsibilities. If the position of chief |
| LC004225 - Page 8 of 14 |
1 | should become vacant, the Board of Directors shall appoint an acting chief to serve until a new |
2 | chief is appointed. |
3 | H. First district deputy chief. The first district deputy chief shall assist the district chief. |
4 | In the event of the absence or disability of the district chief, for any reason, the powers and duties |
5 | of the district chief shall devolve upon the first district deputy chief. |
6 | I. Second District deputy chief. There shall be a second district deputy chief. The second |
7 | district deputy chief shall assist the district chief. In the event of the absence or disability of the |
8 | district chief and the first district chief, for any reason, the powers and duties of the district chief |
9 | shall devolve upon the second district deputy chief. |
10 | (1) The remaining number of district deputy chiefs is to be determined by the Board of |
11 | Directors to the needs of said fire district, but shall not be allowed to exceed five (5) district |
12 | deputy chiefs in total. The additional district deputy chiefs shall follow the same chain of |
13 | command as the first district deputy chief and second district deputy chief by their assigned |
14 | position by the Board of Directors. |
15 | IX TERMS OF OFFICE |
16 | (A) The district clerk shall be appointed by the Board of Directors. Said district clerk |
17 | need not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for |
18 | said position shall be the responsibility of the Board of Directors. The district clerk shall serve at |
19 | the pleasure of the Board of Directors. All elections for members of the Board of Directors will |
20 | be to three (3) year terms. |
21 | (B) The district chief shall be appointed by the Board of Directors, and shall serve at the |
22 | pleasure of the Board of Directors. |
23 | (C) The district deputy chiefs shall be appointed by the Board of Directors, and shall |
24 | serve at the pleasure of the Board of Directors. |
25 | (D) The Board of Directors shall have a written policy as to the procedures for |
26 | appointing the district chief and district deputy chiefs and shall post same when a vacancy should |
27 | occur. The Board of Directors shall also post all qualifications for the position of chief and/or |
28 | district deputy chiefs when a vacancy should occur. |
29 | (E) The tax collector shall be appointed by the Board of Directors. Said tax collector need |
30 | not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said |
31 | position shall be the responsibility of the Board of Directors. The tax collector shall serve at the |
32 | pleasure of the Board of Directors. |
33 | (F) The treasurer shall be appointed by the Board of Directors. Said treasurer need not be |
34 | a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said position |
| LC004225 - Page 9 of 14 |
1 | shall be the responsibility of the Board of Directors. The treasurer shall serve at the pleasure of |
2 | the Board of Directors. |
3 | X PROCEDURE TO REMOVE DISTRICT OFFICERS |
4 | (A) In the event that charges are brought against any officer of the Hope |
5 | Valley/Wyoming Fire District by complaint filed with the Board of Directors alleging conduct |
6 | inconsistent with objectives of this charter, the Board of Directors shall have a special meeting |
7 | and there shall be a committee appointed by the Board of Directors which will consist of three (3) |
8 | members. The committee shall be filled according to the following order, exempting any of the |
9 | following who may be subject to any charges, Board of Directors, district chief, all district deputy |
10 | chiefs, and any consultants if needed. |
11 | Said committee will hear the charges. Any person(s) so charged shall be afforded the |
12 | opportunity to present testimony and witnesses in their defense, and to be represented by legal |
13 | counsel, or by any other representative. Within fourteen (14) days following said hearing the |
14 | committee shall call a special meeting to present a report of said charges. The results will then be |
15 | given to said officer(s). All matters concerning this will remain private unless released by the |
16 | officer(s) who was charged. |
17 | XI QUALIFICATIONS OF DISTRICT OFFICERS |
18 | (A) District fire chief. In order to be eligible for district chief, a person must: (a) Have |
19 | seven (7) years progressively responsible firefighting experience; two (2) years of which must |
20 | have been in a supervisory capacity; (b) Required knowledge, skills and abilities, thorough |
21 | knowledge of principals of supervision and management practices and procedures; considerable |
22 | knowledge of laws, ordinances, codes, and regulations effecting goals, objectives, and department |
23 | operation; a working knowledge of interpersonal communication skills; working knowledge of |
24 | modern practices related to personnel management and motivation; a working knowledge of |
25 | firefighting techniques and equipment; a working knowledge of the recruitment and retention of |
26 | volunteers; a working knowledge of working with and directing a combination department; and a |
27 | working knowledge of fire/arson investigation procedures. |
28 | Ability to plan, organize, and direct the implementation of overall fire department |
29 | programs and objectives; ability to direct and supervise various levels of volunteer and paid |
30 | firefighters; ability to evaluate performance without partiality; ability to communicate effectively, |
31 | verbally and in writing; ability to make quick and accurate decisions in emergency situations; and |
32 | ability to develop an effective working relationship with the Board of Directors, local elected |
33 | officials, area industries, area businesses, and the general public. |
34 | Must have the ability to prepare and implement mutual aid contracts and agreements; |
| LC004225 - Page 10 of 14 |
1 | must be willing to take an active part in national, regional, state, and local fire related |
2 | organizations in the best interest of the fire district. |
3 | Must have the ability to prepare and administer the fire district's annual budget in |
4 | conjunction with the Board of Directors. |
5 | Must be a member of the Hope Valley/Wyoming Fire District and been an active member |
6 | of an active fire department within said fire district for seven (7) years. |
7 | The District Chief may serve to the age sixty-five (65) years old or until the retirement |
8 | age stipulated by social security for his/her age group whichever comes first. The Chief of the |
9 | District may also request a waiver from the Board of Directors to extend their eligibility on a |
10 | yearly basis. |
11 | (B) District Deputy Chiefs. In order to be eligible for the position of district deputy chief |
12 | a person must: (a) Have five (5) years progressively responsible firefighting experience; two (2) |
13 | years of which must have been a supervisory capacity of a lieutenant or above; (b) Required |
14 | knowledge, skills and abilities; basic knowledge of principals of supervision and management |
15 | practices and procedures; basic knowledge of laws, ordinances, codes, and regulations effecting |
16 | goals, objectives, and department operation; a working knowledge of interpersonal |
17 | communication skills; working knowledge of modern practices related to personnel management |
18 | and motivation; a working knowledge of firefighting techniques and equipment; a working |
19 | knowledge of working with and directing a combination department; an ability to take orders and |
20 | give orders; a willingness to participate in continuing education programs when available; should |
21 | have the ability to develop effective working relationships with senior officers, firefighters, Board |
22 | of Directors, local elected officials, area industries, area businesses and the general public, should |
23 | have the ability to perform and implement mutual aid agreements; (c) Must be a resident of the |
24 | Hope Valley/Wyoming Fire District and have been an active member of an active fire department |
25 | within said fire district for five (5) years. An exception to the residency requirement is addressed |
26 | in article XI, section (C). |
27 | (C) In the event that a vacancy exists in the district fire chief's position and/or a district |
28 | deputy chief's position and the Board of Directors deems that no person meets the qualifications |
29 | and/or no one is seeking said position, the Board of Directors may appoint a special committee to |
30 | determine which qualifications may be modified in order to fill said vacancy. |
31 | The committee shall consist of the Board of Directors and four (4) officers, of the rank of |
32 | captain or above, none of which can be seeking the vacated position. |
33 | A two thirds (2/3) majority vote shall be required of said committee to modify said |
34 | qualifications. |
| LC004225 - Page 11 of 14 |
1 | Qualifications for residency within said fire district, if so modified, will have a |
2 | requirement that the appointed non-resident relocate to said fire district within six (6) months. |
3 | Any modifications so approved by said committee shall only be in force for the one |
4 | appointment in question. |
5 | (D) In order to be elected to and retain the position of member of the Board of Directors, |
6 | the person must be a resident and eligible voter of the Hope Valley/Wyoming Fire District, and |
7 | shall not be an active fireperson within said district. |
8 | (E) Any person choosing to run for elective office within the Hope Valley/Wyoming Fire |
9 | District shall not be required to resign from any office held within the Hope Valley/Wyoming |
10 | Fire District at that time, until said person be duly elected to the new office. |
11 | XII BOARD OF ENGINEERS |
12 | The Board of Engineers shall consist of the district chief, who shall serve as its |
13 | chairperson, the district deputy chiefs, and the captains whose duties collectively shall be as |
14 | follows: |
15 | (1) Shall meet on a regular basis as directed by the district chief; |
16 | (2) In the absence of the district chief, the next officer in the district's chain of command |
17 | shall assume said position; |
18 | (3) Shall elect one of its members as a recording secretary whose responsibility shall be |
19 | to record and file the minutes of all regular and special meetings of the Board of Engineers. |
20 | (4) Whenever a member of the Board of Engineers in the discharge of their duty, issues |
21 | an order to any officer or firefighters of the Hope Valley/Wyoming Fire District, the order shall |
22 | be faithfully carried out. In the case of disobedience or neglect, said person shall be subject to |
23 | review by the Board of Engineers who may make recommendations to the district chief for |
24 | disciplinary action(s). |
25 | (a) Any fireperson of the Hope Valley/Wyoming Fire District who is aggrieved by any |
26 | decision of the district chief or Board of Engineers, may make appeal to the Board of Directors. |
27 | (b) The Board of Directors, within ten (10) days after the receipt by the clerk of a written |
28 | notice of appeal, shall fix a time and place for convening a meeting. |
29 | (c) The hearing before the Board of Directors shall be conducted in an informal manner, |
30 | and the action taken by the Board of Directors shall be final. |
31 | (d) All policies and procedures not related to fire ground operations must be first |
32 | approved by the Board of Directors prior to being implemented. |
33 | (5)(a) The district chief at each annual meeting shall make a written report to the |
34 | taxpayers as to the state of affairs of said fire district. Said report shall be presented to the Board |
| LC004225 - Page 12 of 14 |
1 | of Directors thirty (30) days prior to the annual meeting for their review. |
2 | (b) The district chief shall present to the Board of Directors and their appointed budget |
3 | committee an anticipated budget expenditures report for the coming fiscal year at least ninety (90) |
4 | days prior to the annual meeting. |
5 | (6)(a) The District Chief shall prescribe, implement, and enforce all fire district |
6 | operational policies and procedures as required by federal and state laws, and those that are |
7 | recommended under NFPA Standards for health and safety of the district officers and firefighters. |
8 | (7) A majority of the members of the Board of Engineers, present at a fire, or in the event |
9 | that there is only one member of the Board of Engineers present, may order such buildings to be |
10 | pulled down or blown up, as they shall judge necessary to stop the progress of a fire. |
11 | XIII CHARTER REVISIONS |
12 | In the event that fifteen (15) eligible voter at any duly called meeting of the Hope Valley/ |
13 | Wyoming Fire District shall deem that this charter should be amended or revised, then and in that |
14 | event, the Board of Directors shall appoint a committee, approved by the majority of the eligible |
15 | voters present, to study such proposed amendment or revision. Said committee shall report its |
16 | findings at the next annual meeting or at a special meeting called for such purpose. Any |
17 | amendment or revision to this charter must be present in the notice of such meeting at which it is |
18 | to be voted upon. Upon approval of any amendment or revision by the eligible voters of the |
19 | district, the same shall be referred to the Rhode Island State Legislature during the current |
20 | session, or if not in session at the time, the next session, by the clerk, for enactment. |
21 | XIV TAXABLE PROPERTY |
22 | The term taxable property of the Hope Valley/Wyoming Fire District shall mean and |
23 | intend to include all real and tangible property, other than motor vehicles, located within the |
24 | boundaries of the Hope Valley/Wyoming Fire District. |
25 | XV DEBT, BONDS, DEBENTURES AND REPAYMENT |
26 | The Hope Valley/Wyoming Fire District is hereby authorized to incur a debt not to |
27 | exceed three percent (3%) of the total assessed valuation of all taxable property within the |
28 | boundaries of the Hope Valley/Wyoming Fire District as of the assessment last made. |
29 | The Hope Valley/Wyoming Fire District is hereby authorized to issue serial bonds or |
30 | debentures, under its corporate seal and name. Said bonds or debentures shall be in |
31 | denominations and shall bear interest and be upon such terms and conditions and shall be issued |
32 | and sold by the Hope Valley/Wyoming Fire District in such a manner and at such times as the |
33 | eligible voters of the Hope Valley/Wyoming Fire District, by majority vote of those present and |
34 | voting, may decide at any annual meeting, special meeting or adjourned meeting or in lieu |
| LC004225 - Page 13 of 14 |
1 | thereof, the eligible voters, by majority vote of those present and voting, may authorize the Board |
2 | of Directors and treasurer to supervise the issuance of said bonds or debentures. |
3 | The chairman of the Board of Directors and treasurer will sign all bonds or debentures on |
4 | behalf of the Hope Valley/Wyoming Fire District. |
5 | The eligible voters at each annual meeting shall appropriate sufficient funds to meet the |
6 | obligations of principal and interest incurred by the issuance of any such bonds and debentures. |
7 | XVI EXEMPTION FROM TOWN TAX |
8 | All property within the boundaries of the Hope Valley/Wyoming Fire District shall be |
9 | exempt from payment of that portion of the tax assessed by the towns of Hopkinton and |
10 | Richmond which is allocated to fire protection. |
11 | XVII TRANSFER OF PROPERTY |
12 | All property now owned by the Hope Valley Volunteer Fire Association, Inc. shall |
13 | become the property of the district. |
14 | SECTION 2. The question of the approval of this act has been submitted to the eligible |
15 | voters who are qualified to vote as hereinbefore provided at a special meeting that was held on |
16 | October 30, 2019 at 6:00 p.m. at the Hope Valley-Wyoming Fire District - Station 2 at 350 |
17 | Church Street, Wood River Junction, RI. The question was submitted in substantially the |
18 | following form: "Was an act submitted to the 2020 session of the general assembly, entitled 'An |
19 | act creating the Hope Valley/Wyoming Fire District', restated and amended?" and the warning for |
20 | the special meeting contained the question to be submitted. From until the time the election was |
21 | warned and until it was held, was the duty of the district clerk to keep a copy of the act available |
22 | at the Hope Valley Fire Station at 996 Main Street, Hope Valley for inspection, but the validity of |
23 | the election shall not be affected by the requirement or by the requirements of ยงยง 17-5-5 or 17-5- |
24 | 6. |
25 | SECTION 3. Sections 2 and 3 of this act shall take effect upon the passage of this act. |
26 | SECTION 4. Any provision of the former act creating the 1982 Hope Valley/Wyoming |
27 | Fire District in chapter 171 of the 1982 Public Laws, as amended, which are inconsistent with this |
28 | act are disregarded. |
======== | |
LC004225 | |
======== | |
| LC004225 - Page 14 of 14 |