It is enacted by the General Assembly as follows:

SECTION 1. Sections 2, 3, 4, 5, 7, 8, 9, 10 and 12 of chapter 42 of the public laws of 1987 of the state of Rhode Island entitled "An Act to Incorporate the Ashaway Fire District", as amended, are hereby amended to read as follows:

SECTION 2. Eligible voters. - (A) Every person, having reached the age of eighteen (18) years who resides in said Ashaway Fire District and is an eligible voter in the Town of Hopkinton or is a taxpayer to the Ashaway Fire District shall have the right to vote at any meeting of the Ashaway Fire District or any adjournment thereof.

SECTION 3. Meetings -- (A) The annual meeting of said Ashaway Fire District shall be held on the 3^rd Thursday in July in each year at 6:30 p.m. at a location to be specified in the call of the meeting. The clerk shall determine the location of said meeting and said meeting may be called by the district clerk on seven (7) days notice posted in five (5) or more public places, which shall include the Hopkinton Post Office, the Ashaway Post Office, the Bradford Post Office, the Hopkinton Town Hall, and the Ashaway Fire Department.

(B) Special meetings of the Ashaway Fire District may be called by the Board of Fire Commissioners or upon written request, signed by a least fifty (50) eligible voters, setting forth the purpose of said call, delivered to the clerk, or in the absence thereof, any duly elected officer of the Ashaway Fire District. Said special meeting shall be called within fourteen (14) days from the date of delivery of said request to the clerk. In the event of items requiring a referendum, voting hours shall be from 9:00 a.m. to 9:00 p.m. at a location within the boundaries of the Ashaway Fire District, to be decided by the board of fire commissioners, that is easily accessible and convenient to the eligible voters of the Ashaway Fire District.

(C) Adjourned meetings. -- Any business conducted or transacted at any annual or special meeting, may be referred to an adjourned meeting, upon request of twenty (20) eligible voters present at any such meeting, for the purpose of voting on such matters, either by paper ballot or machine. Said adjourned meeting to take place on the Second Thursday following the meeting at which the adjourned meeting is requested.

SECTION 4. Quorum. -- A quorum at any annual, special or adjourned meeting of the Ashaway Fire District shall be twenty (20) eligible voters.

SECTION 5. Powers of the Eligible Voters. -- At any annual meeting or special meeting of the Ashaway Fire District, or any adjournment thereof, the eligible voters shall have the following powers:

(1) They shall fill vacancies of expired or unexpired terms of duly elected officers, who shall consist of a board of three (3) fire commissioners, a clerk, a tax collector, a treasurer and a moderator to conduct the annual meeting or special meetings.

(2) They shall order such taxes and provide for the assessment and collection of same, on all real property, located within the boundaries of the Ashaway Fire District as they shall deem necessary for the:

(a) Proper creation, maintenance and support of a fire department and emergency rescue service in said Ashaway Fire District, including the purchasing of real estate to house all necessary equipment and fire fighting apparatus. Any purchases made shall be deemed and labeled Property of the Ashaway Fire District.

(b) Purchase of all necessary fire apparatus and fire fighting equipment and generally for all things necessary and proper for maintenance, within the Ashaway Fire District, of a suitable and proper fire department and supplying it with proper equipment to carry into effect and attain the objectives of which this act is declaratory. Any purchases made shall be deemed and labeled Property of the Ashaway Fire District.

(c) Improvement in any manner they may deem necessary of any property belonging to the Ashaway Fire District.

(d) Creation of a reserve fund for the future maintenance and replacement of property and apparatus, such purchases shall be deemed and labeled Property of the Ashaway Fire District.

(e) Payment of any charges and expenses arising within the Ashaway Fire District, incidental or not to the above.

(3) They shall establish such penalties as they shall deem necessary on all taxes not paid, as provided in the assessment aforesaid.

(4) They shall exempt from taxation such property within the boundaries of the Ashaway Fire District as shall be approved by a vote of seventy-five percent (75%) of the eligible voters present at any meeting of the Ashaway Fire District: provided, however, that no exemption shall be granted unless the request for said exemption shall be specifically set forth in the call of the meeting at which it is to be considered. Such exemption, when granted shall continue indefinitely, unless a specific term shall be specified.

(5) They shall provide for the annual auditing of the financial records of the Ashaway Fire District. Any time a vacancy occurs within the office of tax collector or treasurer, an audit will be provided for the District.

SECTION 7. Officers. -- Upon election or appointment of any officer of the Ashaway Fire District, the person elected or appointed, shall take the following oath of office, to be administered by the clerk:

"I, _______________________, having been duly elected/appointed to the office of _____________________________ of the Ashaway Fire District, do hereby swear that I will carry out all obligations and responsibilities of said office in accordance with the charter of the Ashaway Fire District and all rules and regulations therein, to the best of my ability."

(A) Board of Fire Commissioners. -- The Board of Fire Commissioners shall consist of three (3) members, one of whom shall be the chairperson. All members of the Board of Fire Commissioners shall serve for a term of three (3) years on a staggered term basis. The term of office for the Board of Fire Commissioners coincides with the fiscal year of the fire district. The chairperson shall be elected by the Board of Fire Commissioners each year and will preside at all meetings of the Ashaway Fire District except the annual meeting and any special or adjourned meeting, which will be conducted by the moderator. The chairperson shall conduct all meetings in accordance with "Roberts Rules of Order," (latest revision).

(B) Clerk. -- The clerk shall take minutes of all meetings and shall be held responsible for the maintenance of same. The clerk shall give notice of every monthly meeting, annual meeting, special meeting, or adjourned meeting and shall advertise the call of such meetings as provided herein by posting in five (5) or more public places, which shall include the Hopkinton Post Office, the Ashaway Post Office, the Bradford Post Office, the Hopkinton town Hall, and the Ashaway Fire Department.

(C) Treasurer. -- The treasurer, before discharging these duties, shall give bond to the Ashaway Fire District in such sum as the eligible voters may determine, which will provided for the faithful discharge of the duties of office. Said bond shall be deposited with the clerk. The treasurer shall pay out and expend only those funds that are authorized to be expended by vote of the eligible voters of the Ashaway Fire District in any meeting. The treasurer shall make a statement annually of all accounts in writing and show the sums received and paid during the previous fiscal year. The treasurer shall have the authority to hire such persons, subject to the limitations as hereinafter set forth, to carry on the affairs of the Ashaway Fire District and shall also have the authority to invest any surplus funds in any interest bearing accounts as provided by law.

(D) Tax Collector. -- The tax collector, before discharging these duties, shall give bond to the Ashaway Fire District in such sum and with such surety as the eligible voters of the Ashaway Fire District shall determine, which will provide for the faithful discharge of the duties of said office. Said bond shall be deposited with the clerk. The tax collector shall pay over to the treasurer on the first business day of each month, or at the option of the tax collector, at more frequent intervals, the total taxes collected during the previous month.

The tax collector shall determine and assess all real property, located within the boundaries of the Ashaway Fire District, on December 31^st of each year in the same amount as assessed by the Town of Hopkinton. The tax collector shall have the power to assess any property exempted or omitted by the Town of Hopkinton. The date of collection shall be September 1^st through September 30^th following said assessment. Provided, however, in the event the Grand List of the Town of Hopkinton is not certified by June 15^th of any year, the tax collector, on approval of the board of Fire Commissioners, shall have the authority to change the date of collection to a date not more than one hundred fifty (150) days from the date of said certification of the Grand List by the Town of Hopkinton.

The tax collector shall, after receipt of the list of assessments from the Town of Hopkinton and assessing any property omitted or exempted, produce a tax bill based on the tax rate approved by the eligible voters of the Ashaway Fire District and further shall maintain records of all tax collections and delinquent charges and provide annual written reports thereof..

(E) Moderator. -- The moderator shall have the power to manage and regulate the business of each annual meeting and special meeting of the Ashaway Fire District, conforming to law, and to maintain the peace and good order therein. If any person shall conduct themselves in a disorderly manner, the moderator may warn the offending person and if necessary may order that person to withdraw from the meeting. Whenever any question shall be pending in the Ashaway Fire District involving an expenditure of money or the incurring of liability by the Ashaway Fire district, the vote shall be taken by paper ballot, if a paper ballot be called for and the call be seconded by at least one-fifth (1/5) of the electors present who are qualified to vote on the pending question. The moderator shall conduct the meetings in accordance with "Robert's Rules of Order." (latest revision)

SECTION 8. Qualifications of district officers. -- (A) In order to be eligible to run for a position on the Board of Fire Commissioners, a person must be at least eighteen (18) years of age and be a resident and eligible voter of the Ashaway Fire District. Said person must remain a resident of the Ashaway Fire District and continue to be a qualified voter during the entire term of office.

(B) In order to be elected and retain the position of clerk, tax collector, moderator or treasurer, a person must be an eligible voter of the Ashaway Fire District. The term of office for all district officers shall coincide with the fiscal year of the fire district. The incumbent office holder of any district office, other than fire commissioner, shall provide an orientation for any duly elected successor. Any person choosing to run for elective office within the Ashaway Fire District shall not be required to resign from any office held within the Ashaway Fire District at the time, until said person be duly elected and qualified to the new office.

(C) All candidates for elected office must submit their names and the particular office which they are seeking in writing to the clerk by 4:30 p.m. thirty (30) days prior to the annual meeting. In the event that no candidates submit for a particular office, nominations from the floor shall be allowed. All candidates for elected office must meet the qualifications set forth in this charter.

SECTION 9. Board of Fire Commissioners. -- There shall be a Board of three (3) Fire Commissioners, whose duties collectively shall be as follows:

1. To have the power and duty to organize, oversee, maintain, and equip fire departments which provide fire protection for the Ashaway Fire District; to adopt, rules and regulations governing the departments in the Ashaway Fire District, prescribe the duties of the members, and inspect fire department and fire district equipment. The rules and regulations adopted by the Board of Fire Commissioners cannot, however, authorize any fire commissioner to interfere with the fire department in the course of its duties. The Board of Fire Commissioners can contract to have a fire district or incorporated fire department which has its headquarters outside of the district, furnish fire protection in the fire district, but this can be done only if there is no fire department maintaining its headquarters within the fire district.

2. To determine the number of fire departments within the Ashaway Fire District, the geographical location of each department and the quota of members in each department.

3. To meet on a regular basis to consider all expenses and claims filed with the District by the treasurer. An itemized list of expenses shall bear the signature of the majority of the Board of Fire Commissioners before being presented to the treasurer for payment, however, in no instance shall the treasurer pay any invoice that has not been properly considered and addressed by the Board of Fire Commissioners. An itemized list of expenses shall be made available to the public at all meetings. All invoices shall be available to the treasurer a minimum of five (5) days before the monthly meeting at which expenses are to be considered. The Board of Fire Commissioners shall request the Fire Department to stamp all invoices with the line item account number for which it is associated.

4. Whenever a vacancy shall occur in the office of clerk, tax collector, moderator or treasurer either through death, resignation, ineligibility, disability or removal for cause, the Board of Fire Commissioners shall appoint a resident and eligible voter of the district to serve in such capacity until the next annual meeting, special meeting or adjourned meeting. In the event that a vacancy exists on the Board of Fire Commissioners prior to the annual district meeting, a special committee shall be appointed with a total of five (5) members consisting of the remaining members of the Board of Fire Commissioners and a sufficient number of eligible voters of the Ashaway Fire District whose purpose shall be to appoint an individual or individuals to serve on the Board of Fire Commissioners.

5. The Board of Fire Commissioners may appoint or designate an eligible voter as acting treasurer, said person not to be a member of the Board of Fire Commissioners, who in the absence or disability of the treasurer shall have the authority to sign checks and assume the other duties of the treasurer. Said person shall provide bond in an amount to be determined by the Board of Fire Commissioners.

6. The Board of Fire Commissioners shall have the authority to retain legal counsel at an annual cost to be determined by the eligible voters of the Ashaway Fire District. Said legal counsel shall be available in an advisory capacity for all committees of the Ashaway Fire District and shall render legal opinions, whenever requested to do so, on any question or inconsistencies pertaining to the charter.

7. The Board of Fire Commissioners, acting on behalf of the Ashaway Fire District, shall have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or determine such causes. The Ashaway Fire District shall indemnify any elected officer for damages, judgments, settlements, costs and expenses incurred in connection with any action, suit or appeal therefrom, arising out of an alleged or actual breach of duty, neglect, error, misstatement or omission, or any other matter claimed against said person solely by reason of their being an officer of the Ashaway Fire District.

8. The owners of the greater part of the land within any area continuous to the boundary lines of the Ashaway Fire District, as herein set forth, or as may be extended from time to time by operation of this section, may petition the Board of Fire Commissioners that the territory within which they own land be admitted as part of the Ashaway Fire District. The Board of Fire Commissioners shall consider the admission of the territory described in such petition and may require, as a condition of such admission, the payment of the treasurer of the Ashaway Fire District, the sum equal to the cost of a survey of such additional territory and such plans and reprints, as the Board of Fire Commissioners shall deem necessary. Upon approval of any such petition by the Board of Fire Commissioners the same shall be referred to the next annual meeting of the Ashaway Fire District or the Board of Fire Commissioners shall call a special meeting. Notice of the meeting of the Ashaway Fire District at which the admission of territory is to be considered shall be given in the manner hereinbefore provided but also shall make special mention that the admission of territory is to be considered. Upon petition and approval, by the Board of Fire Commissioners and notice thereof given as aforesaid, at any meeting of the Ashaway Fire District, by majority vote of the eligible voters present and voting, may accept or reject the admission of the territory described in said petition. Upon certificate by the clerk, that the meeting was duly called and held upon said petition and approval that it was voted to accept such territory being filed with the secretary of state of Rhode Island, said territory shall be included within the boundaries of the Ashaway Fire District.

9. The Board of Fire Commissioners, at each annual meeting, shall make a written report to the eligible voters of the Ashaway Fire District concerning the state of affairs of the Ashaway Fire District. They shall also, at each annual meeting, present the eligible voters with a written report in the form of a line item budget of anticipated expenditures for the coming fiscal year.

10. The Board of Fire Commissioners may, from time to time, prescribe such reasonable departmental rules, orders and regulations concerning health, safety, cleanliness, maintenance, training and the protection of Ashaway Fire District property as they shall see fit.

11. In the event that criminal charges are brought against any district officer of the Ashaway Fire District by complaint filed with the Board of Fire Commissioners alleging conduct inconsistent with the objectives of this charter, the Board of Fire Commissioners shall call a special meeting of the eligible voters and there shall be a committee appointed by the Board of Fire Commissioners at said special meeting, which will consist of three (3) members, none of whom shall be active fire persons within the district. The committee shall hear the charges or reasons proposed for the removal of said officer after giving adequate notice to the eligible voters of the Ashaway Fire District of the time and place of said hearing, however, the District Officer under investigation shall have the option of an open or closed hearing. Any person so charged shall be afforded the opportunity to present testimony and witnesses in their defense and to be represented by legal counsel. Within fourteen days (14) following said hearing, the committee will make public its report of its findings from said hearing and within fourteen (14) days thereafter a special meeting shall be called, as provided by notice, for the consideration of removal of such officer. At said special meeting, the eligible voters may be majority vote, remove or retain said officer or may adjourn said meeting in a day certain for ballot vote.

12. The Ashaway Fire District Commissioners shall appoint all committees, subject to the confirmation of a majority of the eligible voters present at any meeting.

13. The chairperson of the Ashaway Fire District Commissioners shall administer the oath of office to the clerk.

SECTION 10. Taxable property. -- The term taxable property in the Ashaway Fire District shall mean and include all real property located within the boundary of the Ashaway Fire District.

SECTION 12. Charter Revision. -- The Board of Fire Commissioners may appoint a seven (7) member committee at the Annual Meeting for the purpose of making amendments or revision to the Ashaway Fire District Charter. Such committee shall report its findings at the next annual meeting or at a special meeting called for such purpose. Any amendment or revision to this charter must be present in the notice of such meeting.

A special meeting to consider any changes or revisions to this charter may also be called by a petition signed by one hundred (100) qualified voters of said district qualified to vote in the Ashaway Fire District when such petition contains the purpose or purposes for which such special meeting is to be called and when such purpose and petition, duly certified by the clerk of the district as to the qualification to vote of the persons signing the petition has been delivered to the clerk or one of the Ashaway Board of Fire Commissioners. The Board of Fire Commissioners shall then appoint a committee, approved by the majority of the eligible voters present, to study such proposed amendment or revision. Such committee shall report its findings at the next annual meeting or at a special meeting called for such purpose. Any amendment or revision to this charter must be present in the notice of such meeting.

Final approval of any amendment or revision to the charter of the Ashaway Fire District shall be by an all day referendum of the eligible voters of the Ashaway Fire District.

Any changes or revisions approved by the eligible voters of the Ashaway Fire District, at an all day referendum, to this charter shall be referred to the Rhode Island State Legislature during the current session, or if not in session at the time, the next session, by the clerk, for enactment.