Chapter 026

2009 -- H 5681 SUBSTITUTE A

Enacted 06/12/09

 

A N A C T

RELATING TO IN AMENDMENT OF AND IN ADDITION TO THE ACT, PASSED AT THE JANUARY SESSION, A.D. 1883, ENTITLED "AN ACT TO INCORPORATE THE UNION FIRE DISTRICT OF SOUTH KINGSTOWN", AS AMENDED

          

     Introduced By: Representatives M Rice, Lally, Walsh, and D Caprio

     Date Introduced: February 25, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. An act passed at the January Session, A.D. 1883, entitled "An Act to

Incorporate the Union Fire District of South Kingstown", as amended by chapter 1417 of the

Public Laws of 1906, by chapter 650 of the Public Laws of the August Session 1910, by other

acts passed at the January Session 1938, the January Session 1944, the January Session 1946, the

January Session 1948, the January Session 1950, the January Session 1954, the January Session

1958, the January Session 1964, the January Session 1974, the January Session 1976, the January

Session 1977, the January Session 1980, the January Session 1982, and the January Session 1994,

and the January Session 1997 is hereby further amended to read as follows:

     Sec. 1. Jurisdiction. Commencing at the southeasterly corner of said district at the point

of intersection of the South Kingstown-Narragansett town line with the mean high water line of

the Atlantic Ocean; thence running in a general westerly direction, following the mean high water

line of the Atlantic Ocean until it intersects the South Kingstown-Charlestown town line; thence

running in a general northerly direction, following said South Kingstown-Charlestown town line

to the center of the Pawcatuck or Charles River; thence running in a general northwesterly

direction, following the South Kingstown-Charlestown town line along the center of said

Pawcatuck or Charles River to its confluence with the Queen's River; thence running in a general

northeasterly and northerly direction following the South Kingstown-Richmond town line along

the center of said Queen's River to the village of Usquepaug; thence continuing in a general

northerly direction, following the South Kingstown-Richmond town line until it intersects the

South Kingstown-Exeter town line; thence running in a general easterly direction, following said

South Kingstown-Exeter town line to the intersection of Old North Road and Wolf Rocks Road;

thence running in a general southwesterly direction to a point on the center line of Plains Road

five hundred(500) feet northeasterly from the intersection of the center line of Plains Road with

the center line of Kingstown Road; thence running in a general southwesterly direction, following

the centerline of Plains Road, to the center line of Kingstown Road; thence running in a general

southerly direction, following the centerline of Ministerial Road, a distance of two thousand

(2,000) feet; thence running due east (true) three thousand (3,000) feet, more or less, to a point on

the existing Kingston Fire District boundary, said point being two thousand two hundred (2,200)

feet, more or less, south of the center line of Kingstown Road; thence running due south (true) to

a point five hundred (500) feet south of a southerly boundary of a Narragansett Electric Company

power line easement; thence running in a general direction, parallel to and five hundred (500) feet

southerly from the southerly boundary of said power line easement, to a point one thousand

(1,000) feet southwesterly from the center line of Kingstown Road; thence running due north

(true) five hundred (500) feet to the southerly boundary of said power line easement; thence

running in a general easterly direction along the southerly boundary of said power line easement

approximately eight hundred (800) feet to the center line of Kingstown Road; thence running in a

general northwesterly direction along the center line of said Kingstown Road approximately

seven hundred (700) feet to a point on the westerly extension of the southerly boundary of the

University of Rhode Island "East Farm"; thence running in a general easterly direction along the

southerly boundary of said "East Farm" to a point one thousand(1,000) feet northeasterly from

Kingstown Road; thence running in a general northeasterly direction to the intersection of

Mitchell's Brook with the center line of Mooresfield Road; thence running in a general

northwesterly direction to the intersection of North Road and Wolf Rocks Road at the South

Kingstown-Exeter town line; thence running in a general easterly direction, following the South

Kingstown-North Kingstown town line to its intersection with the South Kingstown-Narragansett

town line in the center of the Pettaquamscutt River; thence running in a general southerly,

southwesterly and southerly direction, following the South Kingstown-Narragansett town line to

the first mentioned point or place of beginning.

     Excepting herefrom that area known as the Indian Lake Fire District, bounded and

described as follows:

     Commencing at a point in the westerly line of Tower Hill Road at the southeasterly

corner of "Section No. 2 Indian Lake Shores"; thence running in a general westerly direction to

the easterly line of land formerly of Elisha R.P. Chappell at the southwesterly corner of "Section

No. 1 Indian Lake Shores"; thence running in a general northerly direction, bounded westerly by

land formerly of Elisha R.P. Chappell, to the shore line of Indian Lake; thence running in a

general northeasterly and northerly direction, following the shore line of Indian Lake, to the

northwesterly corner of "Section No. 4 Indian Lake Shores"; thence running in a general easterly

direction, following the northerly line of "Section No. 4 Indian Lake Shores"; to the westerly line

of Tower Hill Road; thence running in a general southerly direction, following the westerly line

of Tower Hill Road to the point of beginning.

     Sec. 2. Rights and Qualifications for Voters. Every citizen of the United States of the age

of eighteen (18) years who resides in the district and is eligible to vote in a general or special

election in the town of South Kingstown shall have the right to vote at any annual or special

meeting of said district, or any adjournment thereof.

     Sec. 3. Canvassing Voters and Preparation of Voters' List. There shall be a board of

canvassers consisting of the three (3) tax assessors and the collector of taxes said district.

     Sec. 4. Board of Canvassers -- Meeting. The tax assessors shall also serve in the capacity

as the board of canvassers. The board of canvassers shall meet and canvass the voting list of said

district on the first Monday in April of each year and shall make out a correct alphabetic list of

the qualified voters of the district, indicating those, if any, who are disqualified, and shall certify

the correctness thereof and file it with the district clerk.

     Sec. 5. Government and Conduct of District Meetings. No less than twenty-five (25)

qualified voters shall constitute a quorum for the transaction of business at any annual or special

meeting of the district. If at any annual or special meeting less than a quorum shall be present, a

majority of the voters present at the meeting or any adjournment thereof may vote to adjourn the

meeting, but may take no other action.

     Sec. 6. Moderator. The voters in the district at each annual meeting shall choose and elect

a moderator to serve for one year. The moderator shall preside at all meetings of the district at

which he shall be present and in case of his absence the clerk shall preside or in the absence of the

clerk ,a moderator and clerk pro tempore shall be chosen. In the absence of both, the moderator

and the clerk, the treasurer shall preside until such moderator and clerk pro tempore be chosen.

Every moderator shall have power to manage and regulate the business of each meeting

conforming to law and to preserve peace and good order therein; and shall upon motion, made

and seconded, relative to any business regularly before such meeting, after hearing all voters

entitled to vote thereon who desire to be heard, cause the vote of the voters present entitled to

vote to be taken by acclamation, by hand ballot, by rising, by division, or by written ballot and

shall announce the result; provided, however, that whenever at any district meeting action shall

have been taken authorizing the expenditure of money, the incurring of any liability, or the

disposition of property, not less than one-fifth (1/5) of the voters present may be by their

affirmative votes require reconsideration of the question at an adjourned meeting of which special

notice has been given by posting printed notices in seven (7) or more conspicuous public places

therein, for five (5) calendar days in advance of the meeting and when time shall permit by

publishing such notice in some newspaper distributed in said district, stating the hour and place

thereof and the action taken which is to be considered.

     Sec. 7. Evidence. A stenographic copy of the record of the proceedings of any district

meeting, duly certified by the clerk, shall be evidence of any act or vote of the district in district

meeting assembled recited in such copy, and the certification of the district clerk that no district

meeting has been held to consider any subject in such certification mentioned, or that no vote of

the district has been taken on such subject, shall be evidence of the fact therein stated.

     Sec. 8. Election of district officers wardens. The voters in the district at each annual

meeting choose and elect a moderator to serve for one (1) year. (a) There shall be five (5) district

wardens and they shall be elected by the voters in the district. Current district wardens shall

continue until their terms expire and there after wardens shall be elected to serve for three (3)

year terms. Three (3) wardens shall constitute a quorum for conducting any district business. The

voters in the district shall also elect three (3) tax assessors. Current tax assessors shall continue

until their terms expire, and the voters shall elect annually thereafter one (1) assessor of taxes for

three (3) years. A district clerk and a district treasurer shall be appointed by the wardens and shall

serve for one (1) year terms. The wardens in their discretion may combine the duties of the

district clerk and treasurer and appoint one (1) person to serve in both capacities. All of the

foregoing officers shall be qualified voters living within the district. No district warden shall be

an active member of any district fire company; provided, however, that any person having

attained a designation of life member or honorary member of a district fire company shall not be

precluded from holding the office of warden. All of the foregoing officers shall hold their offices

until the expiration of their terms, and until their successors have been elected and/or appointed

and qualified, subject to the provisions of sections 10, 17 and 23.

     (b) Commencing in 2010, any qualified voter may be a candidate for the position of

warden, provided such candidate submits nomination papers to the district clerk which have been

signed by twenty-five (25) other qualified voters at least sixty (60) days prior to the date of the

annual meeting. This list of signatures is to be certified by the board of canvassers no later than

thirty (30) days prior to the district's annual meeting.

     (c) The board of canvassers shall provide the clerk of the district with a list of qualified

nominees. The clerk of the district shall then post a list of all qualified nominees in at least nine

(9) public places within the district, including all actively used district stations and the

administration building, at least twenty (20) days prior to the annual meeting or any other special

meeting called for the election of officers.

     (d) Voters at the meeting shall be provided a paper ballot with the names of all qualified

nominees listed by last name in alphabetical order. The candidates receiving the highest number

of votes shall be elected. In the event of a tie vote, the moderator shall call for additional paper

ballots until the tie vote is broken.

     (e) The board of wardens shall have the discretionary power to declare a position of

warden vacant if the person filing that position fails to attend six (6) consecutive meetings of the

board.

     (f) In the event that a vacancy on the board of wardens occurs, the district clerk shall call

a meeting of the board of wardens within ten (10) business days after such vacancy occurs. The

board of wardens shall select a qualified elector of the district to fill the vacancy until the district's

next annual meeting.

     (g) No district warden shall be an active member of any district fire company; provided,

however, that any person having attained a designation of life member or honorary member of a

district fire company shall not be precluded from holding the office of warden. All of the

foregoing officers shall hold their offices until the expiration of their terms, and until their

successors have been elected and/or appointed and qualified.

     Sec. 9. Appointment of tax collector The board of wardens shall appoint a collector of

taxes and said appointment shall be made within forty-five (45) days after the annual meeting.

The appointment shall be made for a period of three (3) years. In case of death, resignation or

removal of any collector of taxes, the person appointed to fill the unexpired term shall have the

same powers as the original appointee.

     Sec 9. Duties of district warden. (a) The wardens elected by said district shall have

complete and exclusive control of the expenditures of all moneys appropriated by the district, the

acquisition and disposal of district property, all within the limits. The wardens shall purchase all

supplies and repairs for the maintenance of the apparatus, buildings, and all property of said

district, and shall investigate all bills and claims presented to them against the district and if

found correct, approve them to the treasurer for payment. The wardens shall have the care

management and control of all property and equipment owned by the district and shall make rules

and regulations governing the use of same. It shall be the duty of the wardens to: (1) Supervise

and coordinate the activities of all the officers, commissions and committees of the district; (2) To

prepare, or have prepared, ordinances relative to the district and its activities, and present same to

either the annual or special meeting of the district for action thereon; (3) To develop for, and

present to, the annual or special meeting, plans for the development and improvement of the

district; (4) To prepare a budget for the consideration and approval of the voters at each annual

district meeting; and (5) To abate such taxes as may be recommended therefor by the board of

assessors. The wardens shall prepare contracts or agreements with a water company for the rental

or use of fire hydrants in the district, the same to be included in the annual budget that is

presented to the voters for approval at the annual district meeting each year.

     Sec. 10. Vacancies. Whenever a vacancy shall occur in any office by death, removal out

of the district, resignation, or by neglect or refusal to qualify, or for any other cause, the board of

wardens shall appoint a qualified voter living within the district to fill the vacancy until the next

annual meeting. The appointee shall exercise all the powers of the office until the next annual

meeting.

     Sec. 11. Call and warning of district meetings. The annual meeting of said fire district

shall be held on the first Monday of May in each year at 7:00 p.m. daylight savings time, for the

election of district officers and the transaction of all other business that may legally come before

said meeting, and special meetings shall be called by the clerk upon request of the wardens of the

written request of at least twenty-five (25) of the legally qualified voters of the district. The clerk

shall notify the qualified voters of the district, of the time and place of holding all meetings

thereof, by posting printed notices in seven (7)or more conspicuous public places therein, for

seven (7) days in advance of the meeting, and when the time shall permit by publishing such

notices in some newspaper distributed in said district. The notice for all meetings shall state the

purpose for which the same are to be held, and at special meetings no other business shall be

transacted, than is set forth in the request for and notice calling the same, unless approved by

unanimous vote. No tax shall be ordered at any meeting, nor any agreement or contract involving

the expenditure of money entered into unless mention thereof be made in the notice thereof.

     Sec. 11. Appointment and duties of tax assessor. Current tax assessors shall continue until

their terms expire. Board of wardens shall therafter employ one assessor of taxes who shall serve

at the pleasure of the board of wardens. The board may also employ one or more deputy tax

assessors from time to time, who shall serve at the pleasure of the board of wardens. The tax

assessor shall prepare and certify the tax roll each year.

     The clerk shall keep full, fair and accurate records and minutes of the district's meetings

and shall make said minute available to members of the public, in accordance with the Rhode

Island Public Records Act, Chapter 2 of Title 38 of the Rhode Island general laws. The clerk shall

be responsible to give notice of district meetings as set forth under the provisions of this charter

and pursuant to the Rhode Island Open Meetings Laws, Chapter 46 of title 42 of the Rhode Island

general laws. The clerk shall maintain a current copy of the district charter. The clerk shall

perform other duties as assigned by the board of wardens. Sec. 11A. Fiscal year. The fiscal year

for said district shall be for the period of July 1st to June 30th.

     Sec. 12. The district treasurer. The district treasurer, before the shall proceed to discharge

the duties of his office, shall give bond to the district in such sum and with such surety as the

wardens may determine, conditioned for the faithful discharge of the duties of said office. Said

bond shall be deposited with the district clerk. The treasurer shall pay out no moneys other than

those moneys authorized to be expended by vote of the district. The treasurer shall, at the annual

meeting, make a report containing a balance sheet showing the financial standing of the district at

the close of the fiscal year. The district treasurer shall retain all his vouchers or receipts for the

payments charged in his accounts, to be kept on file for a minimum period of ten (10) years with

the other papers of his office.

     Sec. 12 Appointment and duties of district clerk. The board of wardens shall annually

appoint a qualified voter to serve as district clerk for a one-year term. In the event of a death,

resignation or vacancy in the office of district clerk for any reason, the board of wardens shall

appoint a new district clerk for the remainder of the clerk's unexpired term. At the pleasure of the

board of wardens, the district clerk may also be employed by the district as district administrator

or in any other position. The clerk of the district shall act as the clerk of the wardens.

     The clerk shall keep full, fair and accurate records and minutes of the district's meetings

and shall make said minutes available to members of the public, in accordance with the Rhode

Island Public Records Act, Chapter 2 of Title 38 of the Rhode Island general laws. The clerk shall

be responsible to give notice of district meetings as set forth under the provisions of this charter

and pursuant to the Rhode Island Open Meetings Laws, Chapter 46 of Title 42 of the Rhode

Island general laws. The clerk shall maintain a current copy of the district charter. The clerk shall

perform other duties as assigned by the board of wardens.

     Sec. 13. Bond of tax collector and other duties. The collector of taxes, before he shall

proceed to discharge the duties of his office, shall give bond to the district in such sum and with

such surety as the wardens may determine, conditioned for the faithful discharge of his duties and

shall deposit same with the district clerk. He shall also perform the duties of clerk for the board of

tax assessors. The collector of taxes shall pay over and deliver to the district treasurer on the first

day of each month the total taxes collected by him during the previous month, and at the end of

each fiscal year and on the first day of February of each year deliver to the district treasurer a

statement continuing the names of delinquent taxpayers and the amount of tax unpaid. All real

estate and tangible personal property in the district shall be taxed to the owners thereof whether

individuals, co-partnerships, or corporations, according to the last valuation made by the

assessors of taxes of the town of South Kingstown, next previous to the assessment, adding

however, any taxable real estate or tangible personal property which may have been omitted by

said assessors of taxes of the town of South Kingstown or afterwards acquired; and in the

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

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

and collecting town taxes; and the collector of taxes for the said district shall for the purpose of

collecting taxes assessed by said district, have the same powers and authority as are now by law

conferred on collectors of taxes for towns in this state. Said district may provide a penalty by way

of a percentage on the tax, consistent with the penalties assessed by the collector of taxes for the

town of South Kingstown, if not paid at the appointed time. The district shall employ the same

tax credits and exemptions as are employed by the assessor taxes for the town of South

Kingstown.

     Section 13. Appointment and duties of tax collector. (a) Appointment: The board of

wardens shall employ a collector of taxes who shall serve at the pleasure of the board of wardens.

The board of wardens may require the tax collector to give bond in an amount to be determined

by the board, the cost of said bond, if any, to be borne by the district. The positions of tax

assessor and tax collector may be filled by the same person. The collector of taxes, before he or

she shall proceed to discharge the duties of his or her office, shall give bond to the district in such

sum and with such surety as the wardens may determine, conditioned for the faithful discharge of

his or her duties, and shall deposit same with the district clerk.

     (b) Duties. The collector of taxes shall pay over and deliver to the district treasurer on the

first day of each month the total taxes collected by him or her during the previous month and at

the end of each fiscal year and on the first day of February of each year deliver to the district

treasurer a statement continuing of taxes for the said district shall for the purpose of collecting

taxes assessed by said district shall, have the same powers and authority as are now by law

conferred on collectors of taxes for towns in this state. The tax collector shall also perform the

duties of clerk for the board of tax assessors. The tax collector shall perform other duties as

assigned by the board of wardens.

     (c) Collection. All real estate and tangible personal property in the district shall be taxed

to the owners thereof whether individuals, co-partnerships, or corporations, according to the last

valuation made by the assessors of taxes of the town of South Kingstown, next previous to the

assessment, adding however, any taxable real estate or tangible personal property which may

have been omitted by said assessors of taxes of the town of South Kingstown or afterwards

acquired; and in the assessing and collecting of said taxes such proceedings shall be had by the

officers of the district as near as may be, as are required to be had by the corresponding officers

of towns in assessing and collecting town taxes, and the collector. The district shall employ the

same tax credits and exemptions as are employed by the assessor of taxes for the town of South

Kingstown the names of delinquent taxpayers and the amount of tax unpaid. The district may

provide a penalty by way of a percentage of the tax, consistent with the penalties assessed by the

collector of taxes for the town of South Kingstown, if not paid at the appointed time.

     Sec. 14. Audit. The accounts of the district treasurer and of the collector of taxes shall be

audited each year prior to the annual meeting by an independent certified public accountant

appointed by the wardens, and said auditor shall submit his report to the voters at the annual

district meeting. Said report shall consist of an annual financial statement balance sheet and other

such reports as deemed necessary by the wardens and/or the auditor to ensure the financial

integrity of the district's finances.

     Sec. 14. Appointment and duties of the district treasurer.

     (a) Appointment. The board of wardens shall employ a district treasurer who shall serve

at the pleasure of the board of wardens.

     (b) Qualification. The district treasurer shall give bond to the district in such sum and

with such surety as the wardens may determine conditioned for the faithful discharge of the duties

of said office. Said bond shall be deposited with the district clerk. The treasurer shall pay out no

moneys other than those moneys authorized to be expended by vote of the district through the

board of wardens or district administrator, pursuant to the district's purchasing policies.

     (c) Duties. The treasurer shall, at the annual meeting, make a report containing a balance

sheet showing the financial standing of the district at the close of the fiscal year. The treasurer

shall assist the board of wardens in preparing an annual budget and shall pay all obligations of the

district in a timely manner. The treasurer shall perform other duties as assigned by the board of

wardens.

     Sec. 15. Wardens. The wardens elected by said district shall have complete and exclusive

control of the expenditures of all moneys appropriated by the district, the acquisition and disposal

of district property, all within the limits, however, of votes and resolutions of the voters present at

district meetings. The wardens shall purchase all supplies and repairs for the maintenance of the

apparatus, buildings, and all property of said district, and shall investigate all bills and claims

presented to them against the district and if found correct, approve them to the treasurer for

payment. The wardens shall have the care management and control of all property and equipment

owned by the district and shall make rules and regulations governing the use of same. It shall be

the duty of the wardens to (a) supervise and coordinate the activities of all the officers,

commissions and committees of the district; (b) to prepare, or have prepared, ordinances relative

to the district and its activities, and present same to either the annual or special meeting of the

district for action thereon;(c) to develop for, and present to, the annual or special meeting, plans

for the development and improvement of the district; (d)to prepare a budget for the consideration

and approval of the voters at each annual district meeting; and (e) to abate such taxes as may be

recommended therefor by the board of assessors. The wardens shall prepare contracts or

agreements with a water company for the rental or use of fire hydrants in the district, the same to

be included in the annual budget that is presented to the voters for approval at the annual district

meeting each year.

     Section 15. Call and warning of district meetings.

     The annual meeting of said fire district shall be held on the first Monday of June in each

year, at 7:00 p.m. daylight savings time, for the election of moderator and district wardens and the

transaction of all other business that may legally come before said meeting. Special meetings

shall be called by the clerk, upon request of the wardens or by a petition signed by at least fifty

(50) of the legally qualified voters of the district. The signatures on the petitions shall be certified

by the board of canvassers within five (5) business days after filing said petition with the office of

the district clerk. After the board of canvassers has certified the signatures, the district clerk shall

notify the qualified voter of the district of the time and place of holding all meetings thereof, by

posting printed notices in nine (9) or more conspicuous public places therein, for seven (7) days

in advance of the meeting, and when the time shall permit, by publishing such notices in some

newspaper distributed in said district. The notice for all meetings shall state the purpose for which

the same are to be held, and at special meetings no other business shall be transacted, than is set

forth in the request for and notice calling the same, unless approved by unanimous vote. No tax

shall be ordered at any meeting, nor any agreement or contract involving the expenditure of

money entered into unless mention thereof be made in the notice thereof.

     Sec. 16. Demolition of buildings. The wardens may order in time of fire such buildings to

be pulled down or demolished as they shall judge necessary to stop the progress of such fire; and

if it shall happen that the pulling down or demolishing of any such building by directions,

aforesaid, shall be the occasion of stopping the progress of such fire, or if the fire stops before it

comes to the same, the owner shall be reasonably paid therefore by a tax upon said district, the

amount of which payment shall be adjudged by the superior court for the county of Washington,

which court is hereby authorized and empowered on application to it, made in behalf of such

owners, with or without a jury trial, as such owner may request, to adjudge as to the amount

necessary and cause the same to be certified to the district, and such tax shall be assessed and

collected as other taxes are herein required to be assessed and collected in said district; provided,

however, no building in which any fire shall first break out or begin, shall be paid for under this

provision.

     Sec. 16. Fiscal year. The fiscal year for said district shall be for the period of July 1st to

June 30th.

     Sec. 17. Appointments. The wardens shall appoint a fire chief and as many deputy chiefs

or other officials as they shall deem appropriate for the operation of the district. All appointments

shall serve at the pleasure of the board of wardens, and shall be made at the June meeting of the

wardens, said terms to be effective July 1st and shall end no later than the following June 30th.

The chief and deputy chiefs, under the supervision of the wardens, shall have command of and

supervise the handling of all fire and rescue apparatus. The wardens may appoint all necessary

officers for the execution of the ordinances, bylaws and regulations of the district and may define

their duties and fix their compensation, and may relieve any such officers at pleasure. Whenever a

vacancy shall occur in any appointment by death, removal out of the district, resignation, or by

neglect or refusal to qualify, or for any other cause, the board of wardens shall appoint a qualified

voter living within the district to fill the vacancy until the expiration of their current term. The

wardens shall have the power to remove or suspend from office the fire chief or any or all deputy

chiefs or any appointments for just cause, for any misuse of the property belonging to said district

or conduct unbecoming an officer and the wardens shall forbid such person from using any

property belonging to said district. The wardens shall also have the power to forbid for just cause,

any member of any fire company or any citizen from using any property belonging to the district.

For the purpose of disciplinary action hereinbefore described, a majority vote of the five (5)

elected wardens shall be necessary for any disciplinary action to be taken. Any person aggrieved

by a disciplinary action taken pursuant to this section may request a hearing before the full board

of wardens wherein all five (5) members are present. Said hearing shall be conducted in executive

session pursuant to RIGL section 46-6-5, except that the grievant may request that said hearing be

conducted at a regularly scheduled meeting in open session.

     Section 17. Audit. The accounts of the district treasurer and of the collector of taxes shall

be audited each year prior to the annual meeting by an independent certified public accountant

appointed by the wardens and said auditor shall submit his or her report to the voters at the

annual district meeting. Said report shall consist of an annual financial statement balance sheet

and other such reports as deemed necessary by the wardens and/or the auditor to ensure the

financial integrity of the district's finances.

     Sec. 18. Wardens meetings. The wardens shall meet at least once a month in public

meeting at some predetermined place and time and shall keep an accurate record of all their

transactions and meetings. The clerk of the district shall act as the clerk of the wardens. All

meetings of the wardens shall conform to the requirements of the Rhode Island "Open Meetings"

act, RIGL section 42-46-1 et seq.

     Sec. 19. Real and personal estate. The district may take, purchase and hold real estate and

personal estate and alienate and convey the same and subject to limitation herein contained may

borrow money and incur indebtedness. All real and personal estate held by the district and not

used for commercial purposes shall be exempt from all taxation.

     Sec. 20. Taxes. Upon the acceptance of an annual budget, the wardens shall direct the

treasurer to prepare and introduce the necessary tax resolutions to be presented to the voters at the

annual meeting. As part of said tax resolutions the voters at each annual meeting, may set a

minimum tax on each property to be assessed.

     Sec. 21. Appropriations. The district may at any legal meeting grant and vote such sums

of money as it shall judge necessary.

     (A) for the renewal, replacement, purchasing and procuring of implements and apparatus

for the extinguishment of fire;

      (B) for the purpose of supplying the inhabitants of said district with water for fire

purposes;

      (C) for the purpose of improving the property of said district and purchasing additional

property;

      (D) for the improvement in any manner it may deem fit of any property belonging to the

district;

     (E) for the purpose of creating a reserve fund for the extinguishment of debts or for the

future replacement of apparatus and property;

      (F) for the education and training of district personnel and for the maintenance and repair

of district apparatus, equipment and property; and

     (G) for all necessary charges and expenses whatsoever arising within the district,

incidental or not to the above. District voters at any of their legal meetings may authorize and

empower the treasurer of said district to borrow money for the operation and transaction of

district business, to give the note or notes of said district for the money so borrowed, and to give

renewals thereof; provided, however, that at no time shall the note or notes and renewal of notes

outstanding in pursuance of such authority exceed in the aggregate sum of ten million dollars

($10,000,000).Once the voters have voted to place funds in the reserve for capital expenditures,

thereafter said funds shall not be removed for the purpose of reducing the amount to be raised by

taxes for any succeeding budget. Provided, however, that funding of the account entitled"

Reserve for Capital Expenditures" in any budget that is to be submitted for voter approval at an

annual or special meeting of said district shall not exceed two hundred fifty thousand dollars

($250,000) or twenty-five percent (25%) of the total budget of the district, whichever amount is

greater, in any one fiscal year. No bond or note shall be issued by the district in an amount

exceeding five hundred thousand dollars ($500,000) unless the question of the approval of the

Act by the general assembly authorizing the issuance of said bonds or notes be submitted to the

voters of the district at an annual or special meeting of the district, at an all-day referendum to be

held at a date not later than seventy(70) days following the passage of any such act. The question

that is submitted shall include the amount of the bonds or notes to be issued and the purpose(s)

for which the bonds or notes are to be issued. The warning for said referendum shall contain the

question to be submitted and once warned, a copy of the act shall be made available for

inspection at the district offices by the clerk, however, the failure of the clerk to comply with this

provision shall not affect the validity of the outcome. Voting at any such special referendum shall

comply with the following provisions:

     The question shall be warned a minimum of twenty-one (21) days prior to the date of the

referendum and shall be publicized by advertisement in a newspaper of general circulation that is

distributed within the district at least one (1) day per week for the three(3) consecutive weeks

prior to the referendum. In addition, the warning shall be publicly posted at the district offices,

the South Kingstown Town Hall, all district fire stations and at least three (3) other conspicuous

public locations.

     Voting shall take place at the district offices and shall beheld on a weekday between the

hours of 8:00 a.m. and 8:00 p.m.

     The only persons who will be eligible to vote at any special referendum are those

qualified voters of the town of South Kingstown who reside within the district, having been

qualified at least thirty (30) days prior to the date of the referendum. Any voter who has

registered to vote in the town of South Kingstown during the ninety (90) days prior to the date of

the referendum must obtain a certified letter from the South Kingstown Clerk's Office verifying

that they are he or she is a qualified voter and must present such letter at the referendum in order

to be eligible to vote.

     Voters of the district, having been qualified by a district tax assessor, shall be provided a

ballot containing the question to be approved and a provision for indicating either "approve" or

"reject". Approve shall mean that the question passes and reject shall mean that the question fails.

     The district tax assessors shall certify to the wardens the total number of voters

registering and receiving ballots, the number of ballots marked "approve", the number of ballots

marked "reject" and the number of ballots not marked or missing. In the event that the total

number of ballots collected exceeds the total number of voters registered, the referendum shall be

declared void and a second vote taken.

     Sec. 22 Powers of and suits by and against said district. The district may have common

seal, in its corporate name, may sue and be sued, prosecuted and defend, in any court and

elsewhere, and enjoy all the other powers generally incident to corporations. Every suit whether

in law or in equity, brought by the district shall be brought in the name of the district unless

otherwise directed specially by law.

     Sec. 23. Ordinances. The district may from time to time make and ordain ordinances,

bylaws and regulations for the district that shall not be in conflict with or in violation of other

provisions of this act and not repugnant to law.

     Sec. 24. Penalties. The district may impose penalties for the violation of such ordinances,

bylaws, and regulations, not exceeding the amount of fifty dollars ($50.00), or imprisonment not

exceeding ten (10) days in the adult correctional institution for any offense, unless other penalties

thereof, or penalties within other limits, are especially prescribed by the statutes of the state of

Rhode Island, to be prosecuted before the district court, of the fourth judicial district by some

officer appointed for that purpose, and such moneys to be received to the use of the district.

     Sec. 25. Words importing the masculine gender shall include the feminine gender.

     Sec. 26. Fire service appointments. The wardens shall appoint a fire chief and as many

deputy chiefs or other officials as they shall deem appropriate for the operation of the fire service.

All appointments shall serve at the pleasure of the board of wardens, and shall be made at the

June meeting of the wardens, said terms to be effective July 1st and shall end no later than the

following June 30th. The chief and deputy chiefs, under the supervision of the wardens, shall

have command of and supervise the handling of all fire and rescue apparatus. The wardens may

appoint all necessary fire service officers for the execution of the ordinances, bylaws and

regulations of the district and may define their duties and fix their compensation, and may relieve

any such officers at pleasure. The wardens shall have the power to remove or suspend from office

the fire chief or any or all deputy chiefs or any fire service appointments for just cause, for any

misuse of the property belonging to said district or conduct unbecoming an officer. The wardens

shall also have the power to forbid, any member of any fire company or any citizen from using

any property belonging to the district. For the purpose of disciplinary action of the fire chief or

any deputy chief, a majority vote of the five (5) elected wardens shall be necessary for any

disciplinary action. Any person aggrieved by a disciplinary action taken pursuant to this section

may request a hearing before the full board of wardens wherein all five (5) members are present.

Said hearing shall be conducted in executive session pursuant to RIGL section 46-6-5, except that

the grievant may request that said hearing be conducted at a regularly scheduled meeting in open

session.

     Sec. 27. Publishing of proposed budget and modifications. The board of wardens shall, in

conjunction with its treasurer, prepare and file by May 1 with the district clerks' office by May 1st

of each year, a proposed budget for the upcoming fiscal year. Said budget shall be posted in nine

(9) or more conspicuous public places within the district, including all stations and the

administration building. The clerk shall also cause a copy of the budget to be advertised in a

newspaper of local circulation at least once on or before May 15th. Qualified voters may seek to

increase proposed line items in the budget only by filing a petition no later than May 20th, signed

by fifty (50) qualified voters. The board of canvassers shall certify the signatures on the petition

within three (3) business days of the filing. Once the board of canvassers has certified the petition

as containing sufficient certified signatures, it shall so notify the district clerk who will then post

the petition in nine (9) or more conspicuous public places within the district, including all stations

and the administration building.

     The moderator shall determine whether any such petitions will be entertained first or

whether they will be considered when the affected line item of the budget is reached during the

annual meeting.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00819/SUB A

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