2020 -- H 8082 | |
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LC005261 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO THE CENTRAL COVENTRY FIRE DISTRICT | |
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Introduced By: Representatives Nardone, Roberts, and Chippendale | |
Date Introduced: June 19, 2020 | |
Referred To: House Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Chapter 405 of the Public |
2 | Laws, 2006, entitled, "AN ACT IN AMENDMENT OF THE INCORPORATION OF THE |
3 | CENTRAL COVENTRY FIRE DISTRICT IN FURTHERANCE OF THE "CONSOLIDATION |
4 | PLAN" OF THE CENTRAL COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING |
5 | DISTRICT, THE HARRIS FIRE & LIGHTING DISTRICT AND THE TIOGUE FIRE |
6 | DISTRICT, AS APPROVED BY THE QUALIFIED VOTERS OF SAID DISTRICTS, AT DULY |
7 | CALLED MEETINGS HELD ON MARCH 28, 2006" and as subsequently amended by Chapter |
8 | 238 of the Public Laws, 2012, and Chapters 34 and 45 of the Public Laws, 2017, are hereby |
9 | amended to read as follows: |
10 | Sec. 3. FIRST CONSOLIDATED DISTRICT MEETING AND ANNUAL MEETINGS |
11 | OF THE CONSOLIDATED FIRE DISTRICT. ANNUAL MEETINGS OF THE FIRE DISTRICT |
12 | (a) 2006 - First consolidated meeting: |
13 | Commencing in the year 2006, a special meeting of the consolidated district shall be held |
14 | within thirty (30) days of the amendment of this Charter by and among the Boards of Directors of |
15 | Central Coventry Fire District, the Washington Lighting District, the Harris Fire & Lighting District |
16 | and the Tiogue Fire District for the purposes of constituting the first Board of Directors of the |
17 | consolidated district, in accordance with Section 5 herein and for adopting the initial by-laws for |
18 | the Consolidated District. |
19 | (b)(a) Annual Meetings & Quorum: |
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1 | Annual meetings of said fire district for the election of officers and the transaction of any |
2 | other business of the fire district shall be held. Twenty five (25) qualified voters shall constitute a |
3 | quorum for the transaction of business at any meeting of the corporation. |
4 | The annual meeting of said district shall be held on the second Wednesday of November |
5 | in each year. Effective for 2017 through 2018, the district's fiscal year shall be from December 1, |
6 | 2017, to December 31, 2018. Beginning on January 1, 2019, and each year thereafter the district's |
7 | fiscal year shall be the calendar year, from January 1 until December 31. |
8 | Commencing in 2007 and continuing annually thereafter, the district The District shall hold |
9 | an annual meeting in a public place on the first third Monday in October September, at 7:00 P.M. |
10 | at such place within the District as the Board shall determine, for the purposes of: (1) electing |
11 | Electing a Board of Directors; (2) authorizing Authorizing the assessment of all the taxable personal |
12 | and real property of the District; (3) authorizing Authorizing the collection of taxes, as further set |
13 | forth in Section 6 hereunder; (4) authorizing Authorizing an annual budget to provide for the |
14 | purchase and maintenance of equipment, apparatus, real and personal property, the payment of |
15 | wages and salaries, and for such other expenditures deemed necessary by the qualified voters of |
16 | the District; and (5) For such other lawful purposes deemed necessary and proper by either the |
17 | Board of Directors or qualified voters of the district. |
18 | (c)(b) Call of the Meeting: |
19 | The Clerk of the District District Clerk shall give notice of the annual meetings by causing |
20 | a copy thereof to be posted at least twice in some newspaper distributed in Kent County, and posted |
21 | in each fire station of the District not less than sixty (60) days prior to the meeting date in the Kent |
22 | County Times, The Reminder, or a similar newspaper of general circulation distributed in Kent |
23 | County, and posted in each fire station of the District thirty (30) days prior to the meeting and |
24 | thereafter, at least seven (7) days prior to the meeting date. The annual meeting and all other |
25 | meetings of the District shall be held in a public place, which shall be accessible to the handicapped, |
26 | pursuant to the requirements of the Rhode Island Constitution, Article 1 & 2 and applicable federal |
27 | and state non-discrimination laws. |
28 | Sec. 4. SPECIAL MEETINGS |
29 | (a) Special meetings may be called upon written request of not less than twenty-five (25) |
30 | qualified voters, or may be called by a majority vote of the board of Directors. Written application |
31 | for a special meeting as well as the notice thereof, shall mention the reason for such special meeting. |
32 | Notice of the special meeting shall be given in the same manner as the annual meeting not less than |
33 | thirty (30) days prior to the date of the meeting. The purpose of the meeting shall be stated in the |
34 | notice and call for meeting and no other business shall be transacted. Special meetings of the fire |
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1 | District may be called upon written request of not less than one hundred (100) qualified voters or |
2 | may be called by a majority vote of the Board of Directors. Written application for a special meeting |
3 | of the fire District, as well as the notice thereof, shall mention the reason for such special meeting. |
4 | Notice of the special meeting of the fire District shall be given in the same manner as the annual |
5 | meeting not less than thirty (30) days prior to the date of the meeting, thereafter, at least seven (7) |
6 | days prior to the date of the meeting. The purpose of the special meeting of the fire District shall |
7 | be stated in the notice and call for meeting and no other business shall be transacted. |
8 | (b) Any special meeting called for the purpose of filling a vacancy among district officers |
9 | shall be advertised in the same manner as the annual meeting, as set forth in Section 3 (c) of this |
10 | Charter. Nothing herein shall prohibit the Board of Directors from calling such special Board of |
11 | Directors meetings, or Board work sessions or workshops as they may from time to time require, |
12 | so long as said meetings comply with the Open Meetings Act set forth in chapter 46 of title 42 of |
13 | the Rhode Island General Laws. |
14 | Sec. 5. DIRECTORS & OFFICERS OF THE CORPORATION – MODERATOR - |
15 | QUALIFICATIONS |
16 | (a) The consolidated district board shall be comprised of seven (7) directors, none of whom |
17 | shall be then serving as a Treasurer or Tax Collector of any individual district, appointed by the |
18 | respective Boards of each individual fire district and shall be constituted as follows: Two (2) |
19 | members shall be appointed by the Central Coventry Fire District; Two (2) members shall be |
20 | appointed by the Central Washington Fire District; One (1) member shall be appointed by the Harris |
21 | Fire District; One (1) member shall be appointed by the Tiogue Fire District; the final member shall |
22 | be appointed by the preceding six (6) members and may be from any of the individual fire districts. |
23 | The consolidated district Board of Directors shall elect a President and Vice President, and all seven |
24 | Directors shall be qualified to serve in office until at least the next annual meeting. At the first |
25 | meeting of the consolidated district, the Board shall determine by some acceptable means, the order |
26 | in which the members’ seats shall come up for election. The District Board shall be comprised of |
27 | seven (7) Directors. The Board of Directors shall elect a President and Vice President, and all seven |
28 | (7) Directors shall be qualified to serve in the office until at least the next annual meeting. Board |
29 | members shall serve three (3) year terms, staggered by the year in which they were elected. For |
30 | example, if a Board member was elected in 2018, his or her term would be up for election in 2021. |
31 | (b) Thereafter, three (3) Directors will be elected to a three (3) year term at the 2007 annual |
32 | meeting and every third year thereafter. Two (2) directors shall be elected at the 2008 annual |
33 | meeting and every third year thereafter. Two (2) Directors shall be elected at the 2009 annual |
34 | meeting and every third year thereafter. Any inhabitant qualified to vote at any District meeting, |
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1 | may be a candidate for District office. Such candidate must submit to the District Clerk the title of |
2 | the elective office sought, together with a petition signed by twenty (20) inhabitants qualified to |
3 | vote at any fire District meeting, at least sixty (60) days prior to the date of the meeting. This list |
4 | of signatures is to be certified by the District Clerk no later than thirty (30) days prior to an annual |
5 | or special meeting of the fire District. |
6 | (c) Any inhabitant qualified to vote at any District meeting may be a candidate for District |
7 | office, provided such candidate submits to the District clerk the title of the elective office sought, |
8 | together with a petition signed by twenty (20) inhabitants qualified to vote at any District meeting, |
9 | at least sixty (60) days prior to the date of the meeting, This list of signatures is to be certified by |
10 | the clerk no later than thirty (30) days prior to an annual or special meeting of the District. |
11 | (d)(c) The clerk of the District District Clerk shall post in a conspicuous place a list of all |
12 | persons certified to stand for election and the office to which each person seeks election in at least |
13 | eight (8) public places within the district District, including all actively used District stations, at |
14 | least twenty (20) days prior to the annual meeting or any other special meeting called for the |
15 | election of officers. |
16 | (e) The Board of Directors shall have the power to declare an office vacant if the person |
17 | filling that office fails to attend three (3) consecutive monthly meetings of the Board. |
18 | (d) The Board of Directors shall have the power to declare an office vacant if the person |
19 | filling that office fails to attend three (3) consecutive monthly meetings of the Board without prior |
20 | notification to the Board. The Board is authorized to excuse the absence of a Director from any |
21 | meeting. |
22 | (e) If a vacancy shall occur on the Board, the President or District Clerk shall call a meeting |
23 | of the Board of Directors of the District within ten (10) working days after such vacancy shall |
24 | occur. The remaining Board members shall appoint a replacement to fill the vacancy until the next |
25 | regular election of officers, at which time the vacant position shall be filled through an election for |
26 | the balance of the term. |
27 | (f) In the event that a vacancy in any elective office of the District occurs, the president or |
28 | clerk shall call a meeting of the Board of Directors of the district within ten (10) working days after |
29 | such vacancy occurs. The Board of Directors shall select a qualified elector of the District to fill |
30 | the vacancy until the next annual meeting. |
31 | (g) Upon the occurrence of any vacancy in any elective office of the District, at the next |
32 | annual meeting an election will be held for the purpose of electing a qualified elector to fill the |
33 | office vacated for the remainder of the original term of office. |
34 | Sec. 6 DUTIES OF THE BOARD OF DIRECTORS |
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1 | (a) The Board of Directors shall hold monthly public meetings to conduct the business of |
2 | the District. The Board of Directors shall be empowered and responsible to: (1) Fix the amount of |
3 | the bond of the Finance Director or Treasurer and the Tax Collector; (2) Order payment of the |
4 | district’s District's bills and indebtedness; (3) Be in charge of and supervise the care of the district’s |
5 | District's properties; (4) Cause district District property to be insured; (5) Upon the |
6 | recommendation of the Fire Chief, purchase equipment, property and apparatus and sell obsolete, |
7 | decommissioned or surplus equipment, property and apparatus as required by the District’s needs |
8 | and budget; (6) Appoint an Administrative a Fire Chief, Tax Collector and Treasurer and other |
9 | employees. No less than one half (1/2) of the members of the Board of Directors shall constitute a |
10 | quorum at any meeting of the Board. |
11 | (b) The foregoing list of duties shall not be deemed to be limiting and the directors Board |
12 | of Directors shall have all necessary authority to operate and conduct the business of the District |
13 | as necessary, all within the bounds of the laws of the State of Rhode Island. The Board of Directors |
14 | shall have the power to appoint and/or employ a tax assessor, tax collector, treasurer, clerk, and |
15 | other committees and/or positions deemed necessary for the efficient operation of the District. |
16 | (c) The members of the Board of Directors and any official appointed by said Board of |
17 | Directors shall be subject to the Rhode Island Code of Ethics in Government, Chapter 14 of Title |
18 | 36 of the Rhode Island General Laws. |
19 | (d) The president President of said District shall preside at all annual and special meetings |
20 | as moderator; in his/her absence the vice president Vice President shall serve as moderator; in the |
21 | absence of both, a temporary moderator may be elected by a majority of voters present and voting. |
22 | (e) The administrative duties of these Directors shall be specified in the by-laws of the fire |
23 | district By-laws of the District. |
24 | (f) Recall of Director(s). |
25 | Any Director, having been in office for at least six (6) months, may be removed from office |
26 | by a recall petition prepared and approved by the voters of the District in the manner hereinafter |
27 | provided for recall. |
28 | Upon application by a registered voter of the District, the District Clerk shall issue recall |
29 | petition blanks, which shall be dated, which shall demand the removal of the designated Director, |
30 | and which shall also state the cause upon which the removal is sought. The petition is to be filed |
31 | with the District Clerk within thirty (30) days after issuance to be in order for the certification |
32 | process. |
33 | The signatures to a recall petition need not all be appended to a single paper, but each signer |
34 | shall add his or her signature as the same appears on the Board of Canvassers and Registration's |
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1 | records, and the signer's place of residence, giving the street name and number. One of the signers |
2 | shall take an oath before an officer competent to administer oaths that the statement therein made |
3 | is true, as the signer believes, and that each signature to the paper appended is the genuine signature |
4 | of the person whose name it purports to be. |
5 | The recall petition shall be signed by at least twenty percent (20%) of the registered voters |
6 | of the District for certification purposes. The petition is to be submitted by the District Clerk to the |
7 | Coventry Board of Canvassers and Registration for certification forthwith. If the petition shall be |
8 | found and certified by the Board of Canvassers and Registration to be sufficient, within ten (10) |
9 | days said Board shall submit the same to the Board of Directors without delay. The Board of |
10 | Directors shall order an election to be held on a Monday fixed by it no more than seventy-five (75) |
11 | days after the date of the Board of Canvassers and Registration's certificate that a sufficient petition |
12 | is filed; however, if the annual meeting is to occur within ninety (90) days after the date of the |
13 | certification, the Board of Directors shall postpone the holding of the recall election to the date of |
14 | said annual meeting. |
15 | Sec. 7. TAXING AUTHORITY - TAX ASSESSOR |
16 | (a) Said qualified voters at any of their legal meetings shall have the power to order such |
17 | taxes and provide for the assessing and collecting of the same on the taxable inhabitants and |
18 | property in said district District as they shall deem necessary for purchasing fire engines, and all |
19 | other implements and apparatus for the extinguishing of fire; for the purchase of land and buildings |
20 | for keeping same; for the purchasing, installation, operation and maintenance of a suitable alarm |
21 | system; for making cisterns and reservoirs; for the purchase of necessary vehicles and equipment |
22 | to operate and maintain emergency medical services; for paying the salaries of district District |
23 | officers and employees. And such taxes, so ordered, shall be assessed by the assessors of said |
24 | district District on the taxable inhabitants and property therein according to the last valuation made |
25 | by the assessors of the town of Coventry next previous to said assessment, adding, however, any |
26 | taxable property which may have been omitted by said town assessors or afterwards acquired; and |
27 | in assessing and collecting said taxes such proceedings shall be had by the officers of said district |
28 | District, as near as may be, as are required to be had by the corresponding officers of towns in |
29 | assessing and collecting taxes. |
30 | (b) The qualified voters of the Central Coventry Fire District are also authorized to raise |
31 | money through taxes to purchase the necessary vehicles and equipment to operate and maintain a |
32 | rescue unit to be known as the Central Coventry Rescue. |
33 | (c) TAX ASSESSOR |
34 | There shall be at least one District Tax Assessor, who may also serve as District Clerk, |
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1 | who shall be appointed or employed by the District Board of Directors. The tax assessor Assessor |
2 | shall levy and assess taxes at such rate as the district shall vote, on all taxable real and personal |
3 | property in the district and shall prepare and deposit the tax list with the tax collector and treasurer |
4 | of the district; said board shall assess property on the basis of the last valuation made by the |
5 | assessors of the Town of Coventry next previous to said assessment be responsible to certify the |
6 | tax roll prior to the annual meeting and shall report the same to the Board of Directors. |
7 | Sec. 8. DISTRICT CLERK |
8 | There shall be a District Clerk who shall be appointed or employed by the District. The |
9 | clerk District Clerk shall keep full, fair and accurate records and minutes of the meetings of the |
10 | Board of Directors and district District meetings and shall make said minutes available to members |
11 | of the public, in accordance with the Rhode Island Public Records Act, Chapter 2 of Title 38 of the |
12 | Rhode Island General Laws. The District Clerk shall be responsible to give notice of District |
13 | meetings as set forth under the provisions of this Charter and pursuant to the Rhode Island Open |
14 | Meetings Laws, Chapter 46 of Title 42 of the Rhode Island General Laws. The clerk District Clerk |
15 | shall maintain a current copy of the District Charter and by–laws By-laws. |
16 | Sec . 9. DISTRICT TREASURER |
17 | There shall be a District Treasurer who shall be appointed or employed by the District. The |
18 | Treasurer shall receive all money paid to the District and deposit the same in such federally insured |
19 | bank or banking system as shall be designated by the Board of Directors to the credit of the District, |
20 | provided that in the event of a surplus of funds, the Board of Directors may direct deposits to be |
21 | made in a savings account in some federally insured banking institution. The Treasurer shall sign |
22 | all duly authorized distinct notes and bonds and shall be bonded in an amount to be determined by |
23 | the Board of Directors. The Treasurer shall pay all District obligations by check, as approved by |
24 | the Board of Directors and shall close the books as of the last day of each fiscal year. The Treasurer |
25 | shall submit a report to the Board of Directors monthly. The Treasurer shall at every annual |
26 | meeting, fully report the condition of the treasury of the District, showing receipts and expenditures |
27 | of the preceding year. |
28 | FINANCE DIRECTOR -- TREASURER |
29 | The Board of Directors shall be empowered to employ a Finance Director or Treasurer, as |
30 | the same shall be referred to. The position shall be responsible for management and administration |
31 | of the District, except for fire department operations, which shall be the purview of a fire chief, and |
32 | shall be responsible to and shall report to the Board of Directors monthly. This person shall have a |
33 | degree in accounting or a Certified Public Accountant ("CPA") designation as minimum criteria. |
34 | The following shall also be included as the duties and responsibilities of this position, as may be |
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1 | modified from time to time by the Board of Directors: |
2 | The position shall account for all money paid to the District and ensure that the same is |
3 | deposited into such federally insured bank or banking institution as shall be designated by the Board |
4 | of Directors to the credit of the District, provided that in the event of a surplus of funds, the Board |
5 | of Directors may direct deposits to be made in a savings account in some federally insured banking |
6 | institution. The position shall sign all duly authorized District notes and bonds and shall be bonded |
7 | in an amount to be determined by the Board of Directors. The position shall pay all District |
8 | obligations by check, or ACH, provided the same are within the spending authority established by |
9 | the qualified electors at the annual meeting; otherwise, such expenditures shall be approved by the |
10 | Board of Directors. The position shall close the books as of the last day of each fiscal year. The |
11 | position shall submit a report to the Board of Directors monthly. The position shall at every annual |
12 | meeting, fully report the condition of the treasury of the District, showing receipts and expenditures |
13 | of the preceding year. |
14 | In addition to the foregoing, the position shall oversee all financial operations of the District |
15 | and direct financial planning and structure, coordinate, analyze and report the financial |
16 | performance to the Board; prepare short- and long-term financial forecasts of financial performance |
17 | for use with internal management and external parties; oversee audit functions; develop, implement |
18 | and maintain accounting and administrative policies and procedures for financial accounting; and |
19 | coordinate all human resource activities including employee benefits, retirement, corporate |
20 | insurance and related activities. |
21 | Sec. 10. TAX COLLECTOR |
22 | There shall be a District Tax Collector who shall be appointed or employed by the District. |
23 | The tax collector shall collect and pay to the District treasurer all taxes and interest collected by |
24 | him/her as and when received and shall be bonded in a sum fixed by the Board of Directors; shall |
25 | close his or her books as of the last day of each fiscal year and shall prepare and present a written |
26 | report to the annual meeting; shall submit a written report to the treasurer monthly; shall consult an |
27 | attorney approved by the Board when legal action is necessary for the collection of unpaid taxes; |
28 | shall be responsible for the preparation of the tax roll. The Tax Collector shall collect and cause to |
29 | be deposited into a federally insured bank or banking institution as designated by the Board of |
30 | Directors all taxes and interest collected by him or her as and when received and shall be bonded |
31 | in a sum fixed by the Board of Directors; shall close his or her books as of the last day of each fiscal |
32 | year and shall prepare and present a written report to the annual meeting; shall submit a written |
33 | report to the Board of Directors monthly; shall consult an attorney approved by the Board when |
34 | legal action is necessary for the collection of unpaid taxes, including being responsible for holding |
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1 | an annual tax sale on property to satisfy unpaid taxes owed to the District; and, shall be responsible |
2 | for the preparation of the tax roll. |
3 | Sec. 11. BY-LAWS |
4 | The qualified voters of said district District may enact all by-laws By-laws by them |
5 | adjudged necessary and expedient for carrying the provisions of this act into effect, provided the |
6 | same be not in violation of or repugnant to the laws of this state. The qualified voters may change |
7 | any provision of the by-laws By-laws at any annual or special meeting, provided the proposed |
8 | change has been noticed in the call of the meeting. |
9 | Sec. 12. AUTHORIZATION TO BORROW FUNDS |
10 | The Central Coventry fire district Fire District is hereby authorized and empowered to |
11 | borrow from time to time such sums of money as may be necessary, not however, to exceed the |
12 | sum of one-half (1/2) of the annual operating budget, for the purpose of procuring real and personal |
13 | estate, the erection and maintenance of buildings, the procuring of fire and water apparatus, for the |
14 | payment of any legal indebtedness of said district, or for the purpose of purchasing or procuring |
15 | any other property, real or personal, that may be legally acquired and held by said district in |
16 | anticipation of current taxes and revenues, not to exceed fifteen percent (15%) of the annual budget. |
17 | Sec. 13. The Central Coventry fire district is authorized to install lighting on the streets and |
18 | highways of the district; provided, however, that any new installation of lighting or repair of |
19 | existing lighting shall be required to use Light-Emitting Diode ("LED") or other energy-reducing |
20 | technology to lower the cost of said lighting. |
21 | SECTION 2. This act shall take effect no later than sixty (60) days after passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO THE CENTRAL COVENTRY FIRE DISTRICT | |
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1 | This act would amend the procedures for the holding of the annual meeting, special |
2 | meetings, the election, recall and duties of the board of directors and officers as well as the duties |
3 | of the tax assessor, district clerk, finance director-treasurer and tax collector, the borrowing of funds |
4 | and installation or repair of lighting. |
5 | This act would take effect no later than sixty (60) days after passage. |
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LC005261 | |
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