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

     

     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:

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     SECTION 1. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Chapter 405 of the Public

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Laws, 2006, entitled, "AN ACT IN AMENDMENT OF THE INCORPORATION OF THE

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CENTRAL COVENTRY FIRE DISTRICT IN FURTHERANCE OF THE "CONSOLIDATION

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PLAN" OF THE CENTRAL COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING

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DISTRICT, THE HARRIS FIRE & LIGHTING DISTRICT AND THE TIOGUE FIRE

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DISTRICT, AS APPROVED BY THE QUALIFIED VOTERS OF SAID DISTRICTS, AT DULY

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CALLED MEETINGS HELD ON MARCH 28, 2006" and as subsequently amended by Chapter

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238 of the Public Laws, 2012, and Chapters 34 and 45 of the Public Laws, 2017, are hereby

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amended to read as follows:

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     Sec. 3. FIRST CONSOLIDATED DISTRICT MEETING AND ANNUAL MEETINGS

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OF THE CONSOLIDATED FIRE DISTRICT. ANNUAL MEETINGS OF THE FIRE DISTRICT

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     (a) 2006 - First consolidated meeting:

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     Commencing in the year 2006, a special meeting of the consolidated district shall be held

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within thirty (30) days of the amendment of this Charter by and among the Boards of Directors of

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Central Coventry Fire District, the Washington Lighting District, the Harris Fire & Lighting District

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and the Tiogue Fire District for the purposes of constituting the first Board of Directors of the

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consolidated district, in accordance with Section 5 herein and for adopting the initial by-laws for

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the Consolidated District.

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     (b)(a) Annual Meetings & Quorum:

 

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     Annual meetings of said fire district for the election of officers and the transaction of any

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other business of the fire district shall be held. Twenty five (25) qualified voters shall constitute a

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quorum for the transaction of business at any meeting of the corporation.

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     The annual meeting of said district shall be held on the second Wednesday of November

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in each year. Effective for 2017 through 2018, the district's fiscal year shall be from December 1,

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2017, to December 31, 2018. Beginning on January 1, 2019, and each year thereafter the district's

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fiscal year shall be the calendar year, from January 1 until December 31.

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     Commencing in 2007 and continuing annually thereafter, the district The District shall hold

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an annual meeting in a public place on the first third Monday in October September, at 7:00 P.M.

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at such place within the District as the Board shall determine, for the purposes of: (1) electing

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Electing a Board of Directors; (2) authorizing Authorizing the assessment of all the taxable personal

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and real property of the District; (3) authorizing Authorizing the collection of taxes, as further set

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forth in Section 6 hereunder; (4) authorizing Authorizing an annual budget to provide for the

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

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

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

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Board of Directors or qualified voters of the district.

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     (c)(b) Call of the Meeting:

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     The Clerk of the District District Clerk shall give notice of the annual meetings by causing

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a copy thereof to be posted at least twice in some newspaper distributed in Kent County, and posted

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in each fire station of the District not less than sixty (60) days prior to the meeting date in the Kent

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County Times, The Reminder, or a similar newspaper of general circulation distributed in Kent

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County, and posted in each fire station of the District thirty (30) days prior to the meeting and

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thereafter, at least seven (7) days prior to the meeting date. The annual meeting and all other

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meetings of the District shall be held in a public place, which shall be accessible to the handicapped,

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pursuant to the requirements of the Rhode Island Constitution, Article 1 & 2 and applicable federal

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and state non-discrimination laws.

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     Sec. 4. SPECIAL MEETINGS

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     (a) Special meetings may be called upon written request of not less than twenty-five (25)

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qualified voters, or may be called by a majority vote of the board of Directors. Written application

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for a special meeting as well as the notice thereof, shall mention the reason for such special meeting.

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Notice of the special meeting shall be given in the same manner as the annual meeting not less than

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thirty (30) days prior to the date of the meeting. The purpose of the meeting shall be stated in the

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notice and call for meeting and no other business shall be transacted. Special meetings of the fire

 

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District may be called upon written request of not less than one hundred (100) qualified voters or

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may be called by a majority vote of the Board of Directors. Written application for a special meeting

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of the fire District, as well as the notice thereof, shall mention the reason for such special meeting.

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Notice of the special meeting of the fire District shall be given in the same manner as the annual

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meeting not less than thirty (30) days prior to the date of the meeting, thereafter, at least seven (7)

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days prior to the date of the meeting. The purpose of the special meeting of the fire District shall

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be stated in the notice and call for meeting and no other business shall be transacted.

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     (b) Any special meeting called for the purpose of filling a vacancy among district officers

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shall be advertised in the same manner as the annual meeting, as set forth in Section 3 (c) of this

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Charter. Nothing herein shall prohibit the Board of Directors from calling such special Board of

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Directors meetings, or Board work sessions or workshops as they may from time to time require,

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so long as said meetings comply with the Open Meetings Act set forth in chapter 46 of title 42 of

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the Rhode Island General Laws.

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

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QUALIFICATIONS

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     (a) The consolidated district board shall be comprised of seven (7) directors, none of whom

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shall be then serving as a Treasurer or Tax Collector of any individual district, appointed by the

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respective Boards of each individual fire district and shall be constituted as follows: Two (2)

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members shall be appointed by the Central Coventry Fire District; Two (2) members shall be

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

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

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be appointed by the preceding six (6) members and may be from any of the individual fire districts.

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The consolidated district Board of Directors shall elect a President and Vice President, and all seven

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Directors shall be qualified to serve in office until at least the next annual meeting. At the first

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meeting of the consolidated district, the Board shall determine by some acceptable means, the order

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in which the members’ seats shall come up for election. The District Board shall be comprised of

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seven (7) Directors. The Board of Directors shall elect a President and Vice President, and all seven

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(7) Directors shall be qualified to serve in the office until at least the next annual meeting. Board

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members shall serve three (3) year terms, staggered by the year in which they were elected. For

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example, if a Board member was elected in 2018, his or her term would be up for election in 2021.

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

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

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

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meeting and every third year thereafter. Any inhabitant qualified to vote at any District meeting,

 

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may be a candidate for District office. Such candidate must submit to the District Clerk the title of

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

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

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

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or special meeting of the fire District.

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

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office, provided such candidate submits to the District clerk the title of the elective office sought,

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together with a petition signed by twenty (20) inhabitants qualified to vote at any District meeting,

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at least sixty (60) days prior to the date of the meeting, This list of signatures is to be certified by

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the clerk no later than thirty (30) days prior to an annual or special meeting of the District.

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

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

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

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

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election of officers.

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

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

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

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filling that office fails to attend three (3) consecutive monthly meetings of the Board without prior

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notification to the Board. The Board is authorized to excuse the absence of a Director from any

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meeting.

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     (e) If a vacancy shall occur on the Board, the President or District Clerk shall call a meeting

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of the Board of Directors of the District within ten (10) working days after such vacancy shall

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occur. The remaining Board members shall appoint a replacement to fill the vacancy until the next

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regular election of officers, at which time the vacant position shall be filled through an election for

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the balance of the term.

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     (f) In the event that a vacancy in any elective office of the District occurs, the president or

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clerk shall call a meeting of the Board of Directors of the district within ten (10) working days after

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such vacancy occurs. The Board of Directors shall select a qualified elector of the District to fill

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the vacancy until the next annual meeting.

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

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annual meeting an election will be held for the purpose of electing a qualified elector to fill the

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office vacated for the remainder of the original term of office.

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     Sec. 6 DUTIES OF THE BOARD OF DIRECTORS

 

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

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

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

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

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District's properties; (4) Cause district District property to be insured; (5) Upon the

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recommendation of the Fire Chief, purchase equipment, property and apparatus and sell obsolete,

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decommissioned or surplus equipment, property and apparatus as required by the District’s needs

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and budget; (6) Appoint an Administrative a Fire Chief, Tax Collector and Treasurer and other

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employees. No less than one half (1/2) of the members of the Board of Directors shall constitute a

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quorum at any meeting of the Board.

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

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

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

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

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other committees and/or positions deemed necessary for the efficient operation of the District.

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

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

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36 of the Rhode Island General Laws.

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

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as moderator; in his/her absence the vice president Vice President shall serve as moderator; in the

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

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

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district By-laws of the District.

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     (f) Recall of Director(s).

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

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

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provided for recall.

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

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

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

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

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process.

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

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shall add his or her signature as the same appears on the Board of Canvassers and Registration's

 

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records, and the signer's place of residence, giving the street name and number. One of the signers

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shall take an oath before an officer competent to administer oaths that the statement therein made

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is true, as the signer believes, and that each signature to the paper appended is the genuine signature

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of the person whose name it purports to be.

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

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

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Coventry Board of Canvassers and Registration for certification forthwith. If the petition shall be

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found and certified by the Board of Canvassers and Registration to be sufficient, within ten (10)

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days said Board shall submit the same to the Board of Directors without delay. The Board of

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Directors shall order an election to be held on a Monday fixed by it no more than seventy-five (75)

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days after the date of the Board of Canvassers and Registration's certificate that a sufficient petition

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is filed; however, if the annual meeting is to occur within ninety (90) days after the date of the

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certification, the Board of Directors shall postpone the holding of the recall election to the date of

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said annual meeting.

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     Sec. 7. TAXING AUTHORITY - TAX ASSESSOR

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

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

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

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

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

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system; for making cisterns and reservoirs; for the purchase of necessary vehicles and equipment

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to operate and maintain emergency medical services; for paying the salaries of district District

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officers and employees. And such taxes, so ordered, shall be assessed by the assessors of said

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

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by the assessors of the town of Coventry next previous to said assessment, adding, however, any

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taxable property which may have been omitted by said town assessors or afterwards acquired; and

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in assessing and collecting said taxes such proceedings shall be had by the officers of said district

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District, as near as may be, as are required to be had by the corresponding officers of towns in

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assessing and collecting taxes.

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

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

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rescue unit to be known as the Central Coventry Rescue.

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     (c) TAX ASSESSOR

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

 

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who shall be appointed or employed by the District Board of Directors. The tax assessor Assessor

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shall levy and assess taxes at such rate as the district shall vote, on all taxable real and personal

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property in the district and shall prepare and deposit the tax list with the tax collector and treasurer

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of the district; said board shall assess property on the basis of the last valuation made by the

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assessors of the Town of Coventry next previous to said assessment be responsible to certify the

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tax roll prior to the annual meeting and shall report the same to the Board of Directors.

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     Sec. 8. DISTRICT CLERK

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

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

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

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

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

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meetings as set forth under the provisions of this Charter and pursuant to the Rhode Island Open

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Meetings Laws, Chapter 46 of Title 42 of the Rhode Island General Laws. The clerk District Clerk

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

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     Sec . 9. DISTRICT TREASURER

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

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Treasurer shall receive all money paid to the District and deposit the same in such federally insured

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bank or banking system as shall be designated by the Board of Directors to the credit of the District,

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

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made in a savings account in some federally insured banking institution. The Treasurer shall sign

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all duly authorized distinct notes and bonds and shall be bonded in an amount to be determined by

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the Board of Directors. The Treasurer shall pay all District obligations by check, as approved by

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the Board of Directors and shall close the books as of the last day of each fiscal year. The Treasurer

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shall submit a report to the Board of Directors monthly. The Treasurer shall at every annual

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meeting, fully report the condition of the treasury of the District, showing receipts and expenditures

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of the preceding year.

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     FINANCE DIRECTOR -- TREASURER

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

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the same shall be referred to. The position shall be responsible for management and administration

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of the District, except for fire department operations, which shall be the purview of a fire chief, and

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shall be responsible to and shall report to the Board of Directors monthly. This person shall have a

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degree in accounting or a Certified Public Accountant ("CPA") designation as minimum criteria.

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The following shall also be included as the duties and responsibilities of this position, as may be

 

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modified from time to time by the Board of Directors:

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     The position shall account for all money paid to the District and ensure that the same is

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deposited into such federally insured bank or banking institution as shall be designated by the Board

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of Directors to the credit of the District, provided that in the event of a surplus of funds, the Board

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of Directors may direct deposits to be made in a savings account in some federally insured banking

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institution. The position shall sign all duly authorized District notes and bonds and shall be bonded

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in an amount to be determined by the Board of Directors. The position shall pay all District

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

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the qualified electors at the annual meeting; otherwise, such expenditures shall be approved by the

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Board of Directors. The position shall close the books as of the last day of each fiscal year. The

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position shall submit a report to the Board of Directors monthly. The position shall at every annual

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meeting, fully report the condition of the treasury of the District, showing receipts and expenditures

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of the preceding year.

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

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and direct financial planning and structure, coordinate, analyze and report the financial

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

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for use with internal management and external parties; oversee audit functions; develop, implement

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and maintain accounting and administrative policies and procedures for financial accounting; and

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coordinate all human resource activities including employee benefits, retirement, corporate

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insurance and related activities.

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     Sec. 10. TAX COLLECTOR

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

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The tax collector shall collect and pay to the District treasurer all taxes and interest collected by

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him/her as and when received and shall be bonded in a sum fixed by the Board of Directors; shall

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close his or her books as of the last day of each fiscal year and shall prepare and present a written

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report to the annual meeting; shall submit a written report to the treasurer monthly; shall consult an

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attorney approved by the Board when legal action is necessary for the collection of unpaid taxes;

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shall be responsible for the preparation of the tax roll. The Tax Collector shall collect and cause to

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be deposited into a federally insured bank or banking institution as designated by the Board of

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Directors all taxes and interest collected by him or her as and when received and shall be bonded

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in a sum fixed by the Board of Directors; shall close his or her books as of the last day of each fiscal

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

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report to the Board of Directors monthly; shall consult an attorney approved by the Board when

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

 

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

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for the preparation of the tax roll.

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     Sec. 11. BY-LAWS

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

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

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

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any provision of the by-laws By-laws at any annual or special meeting, provided the proposed

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change has been noticed in the call of the meeting.

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     Sec. 12. AUTHORIZATION TO BORROW FUNDS

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

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

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sum of one-half (1/2) of the annual operating budget, for the purpose of procuring real and personal

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estate, the erection and maintenance of buildings, the procuring of fire and water apparatus, for the

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payment of any legal indebtedness of said district, or for the purpose of purchasing or procuring

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any other property, real or personal, that may be legally acquired and held by said district in

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anticipation of current taxes and revenues, not to exceed fifteen percent (15%) of the annual budget.

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     Sec. 13. The Central Coventry fire district is authorized to install lighting on the streets and

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highways of the district; provided, however, that any new installation of lighting or repair of

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existing lighting shall be required to use Light-Emitting Diode ("LED") or other energy-reducing

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technology to lower the cost of said lighting.

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     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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     This act would amend the procedures for the holding of the annual meeting, special

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meetings, the election, recall and duties of the board of directors and officers as well as the duties

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of the tax assessor, district clerk, finance director-treasurer and tax collector, the borrowing of funds

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and installation or repair of lighting.

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     This act would take effect no later than sixty (60) days after passage.

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