Chapter 274
2010 -- S 2807
Enacted 06/25/10
A N A C T
RELATING TO
TOWNS AND CITIES - PASCOAG UTILITY DISTRICT
Introduced By: Senators P Fogarty, and Gallo
Date
Introduced: April 15, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 45-58-5, 45-58-6 and 45-58-7 of the
General Laws in Chapter 45-
58 entitled "Pascoag
Utility District" are hereby amended to read as follows:
45-58-5. Board of
utility commissioners of the Pascoag utility district established. --
There is hereby created a board to be known as the
board of utility commissioners of the Pascoag
utility district. The powers of the utility district as set
forth in this chapter, or conferred on the
utility district by operation of this chapter, shall be
vested in and exercised by a majority of the
members of the board of utility commissioners then in office;
provided, however, that the board
of utility commissioners in its discretion may delegate
executive functions to a general manager
managers, by resolution, rule or otherwise.
45-58-6.
Membership of board of commissioners. -- (a) The board of utility
commissioners shall consist of not more than seven (7) nor
less than five (5) members. Four (4)
members of the board shall constitute a quorum and a vote of
four (4) members shall be necessary
for all action taken by the board unless the board
consists of only five (5) members, in which
case (3) members shall constitute a quorum and a vote of
three (3) members shall be necessary
for all action taken by the board. No vacancy in the membership of the board shall
impair the
right of a quorum to exercise all the rights and perform
all the duties of the board. The initial
members of the board of utility commissioners shall be the
utility commissioners currently
holding office under the auspices of the Pascoag fire
district, who shall continue to serve until
their current terms expire. Thereafter, the members of the
board of utility commissioners of the
Pascoag utility district shall be elected for a term
of three (3) years by ballot of voters otherwise
eligible to vote in the general annual or special
election in succeeding years in the village of
Pascoag.
(b) The members of the
board of utility commissioners, moderator or clerk shall be
residents of the Any
registered voter within the geographic boundaries of the
village of shall be eligible to run for election to the board of
utility commissioners,
moderator or clerk; Such
residents of the
account with the Pascoag Utility District shall be eligible
to be a candidate for election to any one
of the above offices; provided, however, that he or she shall first have filed a declaration
of
candidacy with the secretary of the board of utility
commissioners not later than thirty (30)
calendar days prior to the scheduled date of the election
through which such person seeks to be
elected to the board of utility commissioners, moderator
or clerk. In the event of a vacancy
occurring on the board of utility commissioners, moderator or
clerk by reason of death,
resignation or other cause, the board itself may select an
eligible voter candidate to fill the
vacancy until the next annual election.
(c) The board of
utility commissioners shall elect each year from among its members: (1)
a chairperson, who shall chair and moderate meetings of
the board of utility commissioners and
shall execute such other authorities and duties as the
board may provide; (2) a vice chairperson
who shall assume all duties of the chairperson in the
chairperson's absence; and (3) a secretary,
who shall maintain minutes of the meetings of the board
of utility commissioners, provide notice
of the meetings in accordance with law, and shall have
such other duties as the board of utility
commissioners may determine. The board of utility commissioners
shall appoint a treasurer, who
may be a member of the board or a general or special
employee of the utility district, and who
shall have charge and control of the money and deposits of
the utility district.
(d) The board of
utility commissioners shall establish and adopt bylaws for the
management and conduct of the utility district's affairs, and
other aspects of the governance of the
utility district not otherwise controlled by this chapter.
Pending the adoption of the bylaws, the
board of utility commissioners shall be deemed to have
adopted, and shall conduct the board's
business in accordance with, those portions of the bylaws of
the Pascoag fire district relating to
utility matters.
(e) In order to ensure
that the status of the utility district as a quasi-municipal
corporation, district and political subdivision of the state does
not prejudice its ability to
contribute to the development of effective competition in the
electricity and communications
industries in the state, it is specifically found and determined
that: (1) strategic business planning
records of the utility district (including without limitation
business plans, draft contracts,
proposals, financial analyses and other similar documents)
shall not be subject to the disclosure
requirements of chapter 2 of title 38 of the general laws unless
the same materials in comparable
circumstances in the hands of an investor-owned utility would be
subject to disclosure under
other laws of the state; and (2) strategic business
planning discussions of the board of utility
commissioners, including such discussions with utility district
employees or consultants, are
deemed to fall within the circumstances defined in section
42-46-5(a)(7).
45-58-7.
Compensation of the board -- Employees of the utility district.
-- (a) Each
member of the board of utility commissioners shall be
entitled to receive compensation of not less
than twenty-five dollars ($25.00) per year for attendance
at scheduled and special meetings of the
board of utility commissioners, and shall be entitled to
reimbursement of the actual and necessary
expenses incurred in the performance of his or her official
duties. The salaries, compensation and
expenses of all members and officers of the board, and all
employees and agents of the utility
district, shall be paid solely out of funds of the utility
district. No part of the earnings of the utility
district shall inure to the benefit of any private person.
(b) The board shall
appoint a general manager managers and may enter into
employment
contracts with its executive employees. The board shall have
the authority to approve employee
benefit plans, including fringe benefits such as but not
limited to pension and health and disability
and other insurances.
(c) No member of the
board of utility commissioners shall directly or indirectly engage
or participate in the proceeds of any contract or
agreement to supply anything of value or receive
anything of value from the utility district. The prohibition
set forth in the subsection may be
waived by a vote of five (5) members of the board of utility
commissioners, if and only if the
board of utility commissioners shall have first obtained an
opinion of the attorney general and/or
the
does not contravene state law and is otherwise in the best
interests of the consumers served by the
utility district.
SECTION 2. This act shall take effect upon passage.
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LC02407
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