Chapter 056
2013 -- S 0739
Enacted 06/03/13
A N A C T
AUTHORIZING THE
TOWN OF
Introduced By: Senators Hodgson, and Raptakis
Date Introduced: March 13, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. The Town of
personnel of the East Greenwich Fire District, which may
hereafter be referred to as the East
Greenwich Fire District is
done so in accordance with a referendum approved by the qualified
voters of the Town of
place on November 6, 2012.
SECTION 2. Upon the effective date of this Act, the East
Greenwich Fire District,
established by Charter initially passed by the General Assembly
in 1797 and most recently
amended by the General Assembly in 2010 (Chapter 268 of the
Public Laws) shall cease to exist,
and the Charter shall at that time be revoked by the
General Assembly.
SECTION 3. Upon the effective date of this Act:
The Town of
privileges, immunities and franchises of a public as well as of
a private nature, of the East
Greenwich Fire District;
and all property and assets, tangible, intangible, real, personal and
mixed, including, but not limited to, equipment, vehicles,
bank accounts, cash and cash
equivalents, all debts due on whatever account, all other causes
in action, and all and every other
interest of or belonging to or due the East Greenwich Fire
District, is taken and deemed to be
transferred to and vested in the Town of
The
Town of
grievances, arbitrations, liabilities and obligations of the
East Greenwich Fire District, including
retiree benefits; and any claim existing or action or
proceeding pending by or against the East
Greenwich Fire District or
which may arise by or against the East Greenwich Fire District after
the effective date of this Act on account of matters
preceding said date, may be prosecuted
against the Town of East
place;
All
permanent and part-time employees of the East Greenwich Fire District who are
so
employed by the East Greenwich Fire District as of the date of
the enactment of this Act, shall
become employees of the Town of
benefits and other rights of employment as existed with the East
Greenwich Fire District without
any action by the Town of
SECTION 4. Without limiting the generality of Section 2 of
this Act, upon the effective
date of this Act:
The
Collective Bargaining Agreement and all other binding commitments and
agreements entered into between the East Greenwich Fire
District, the East Greenwich Fire
Fighters Association Local 3328, and any retired members, in effect on the date of
enactment of
this Act, shall remain in full force and effect and shall
be treated from that point forward as
entered into between the Town of
Association
Local 3328.
In
the event that the Collective Bargaining Agreement between the East Greenwich
Fire
District and the East
Greenwich Fire Fighters Association Local 3328 for the period July 1, 2010
through June 30, 2013 has expired on or after the date of
enactment of this legislation, the Town
of
agreement is not reached, shall participate in and be bound by
interest arbitration pursuant to
R.I.G.L.
§28-9.1-1 et seq.
The
Town of
employment any individual who is not employed by the East
Greenwich Fire District as of the
date of the enactment of this Act until such time as a
subsequent vacancy or new opening shall
exist.
SECTION 5. The Town Council of the Town of
and may pass such ordinances, enter into such agreements,
and do all things deemed useful and
necessary to effectuate the acquisition and assumption of the
property, assets and personnel of the
East Greenwich Fire
District, as well as all debts, duties, liabilities and obligations of the East
Greenwich
Fire District.
SECTION 6. If, as a result of the action of the Town of
East Greenwich Fire
District, the combination of the Town’s tax levy and Fire District’s levy
causes the Town to experience and/or forecast expenditures
which would result in an increase in
the tax levy, then the Town’s tax levy in that year may
increase by more than the percentage
increase specified in R.I.G.L. §44-5-2(a) or (b). In any
subsequent year, the Town shall comply
with the maximum levy pursuant to R.I.G.L. §44-5-2(a) or
(b) for the Town’s levy.
SECTION 7. The Town of
from and after the passage of this Act, each of the former
Fire District Commissioners,
employees, treasurers, clerks, assessors of the East Greenwich
Fire District for, any and all costs,
amounts, payments, losses, damages or liabilities (including
without limitation, reasonable
attorneys' fees) suffered by any of the foregoing with respect
to, as a result of, or in connection
with any actions or inactions by any of the foregoing
relating to the operation of the East
Greenwich
Fire District.
SECTION 8. Any and all funds acquired by the Town of
which at the time of the passage of this Act are held by
the East Greenwich Fire District in
accounts restricted by prior voter approval, testamentary
bequest or state law (including, but not
limited to, the Rhode Island Development Impact Fee Act,
R.I.G.L. §45-22.4-1 et seq.) shall be
held, used or applied, spent, expended and administered by
the Town of
accordance with the restrictions imposed thereon until the funds
have been exhausted.
SECTION 9. This Act shall take effect upon passage.
=======
LC02087
=======