Chapter 505

2013 -- S 0958 SUBSTITUTE A AS AMENDED

Enacted 07/17/13

 

A N A C T

RELATING TO THE CONSOLIDATION OF THE CUMBERLAND, NORTH

CUMBERLAND, CUMBERLAND HILL, AND VALLEY FALLS FIRE DISTRICTS INTO THE CUMBERLAND FIRE DISTRICT

          

     Introduced By: Senators Pearson, and Picard

     Date Introduced: May 22, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The Cumberland, North Cumberland, Cumberland Hill, and Valley Falls

Fire Districts are hereby merged and consolidated into the Cumberland Fire District in the manner

and form as follows:

 

     Section 1. Name And Jurisdiction

     This consolidated fire district shall be known as the Cumberland Fire District and shall

have jurisdiction over the entire town of Cumberland. The Cumberland Fire District shall acquire

the property, assets and personnel of the Cumberland, North Cumberland, Cumberland Hill, and

Valley Falls Fire Districts. The action of consolidating the existing districts into one independent

district is done so in accordance with a referendum approved by the qualified voters of the Town

of Cumberland by a vote of 10,033 in favor and 2,544 opposed which took place on November 2,

2010 and by a resolution adopted by the Cumberland Town Council on May 1, 2013.

     Section 2. Electors

     All of the taxable inhabitants or qualified electors of the town of Cumberland, eighteen

(18) years of age or older, shall be members of the distinct and independent entity known as the

"Cumberland Fire District."

     Section 3. Governing Body

     The initial governing body of the consolidated Cumberland Fire District shall be a Fire

Committee.

     Beginning no later than November of 2014, with the regularly scheduled general election,

seven (7) members of the Cumberland Fire Committee shall be elected. Each of the five (5)

council districts shall elect one member, with two (2) members being elected from the town at

large. It shall be a non-partisan election for a two (2) year term. The winning candidates shall be

sworn in immediately after the election results are certified. Any vacancy in the membership of

the Committee shall be filled by written ballot of a majority of all the members of the Town

Council for the remainder of the term of office, provided that the person selected to fill said

vacancy shall be a qualified elector from that district. A vacancy in said membership of the

Committee shall occur if a member dies, resigns from office, ceases to be a resident and/or elector

of the district in which elected, or shall be absent for four (4) consecutive regular meetings or six

(6) regular meetings within a twelve (12) month period unless said absence(s) are excused by a

majority vote of the whole Committee. Any and all elections, provided for under this act, shall be

administered by the state board of elections and the town of Cumberland board of canvassers.

     Section 4. Bylaws

     The Committee may adopt bylaws they deem necessary and expedient for carrying out

the provisions of this act, provided that they are not in violation of or repugnant to the laws of this

state. The Committee may change any provision of the bylaws at any regular or special meeting,

provided the proposed change has been noticed on the agenda of the meeting.

     Section 5. Authorization To Borrow Funds

     The Cumberland Fire District is hereby authorized and empowered to borrow from time

to time such sums of money as may be necessary, provided, however, that no bonded

indebtedness may be incurred pledging the credit of the District in excess of one hundred

thousand dollars ($100,000) total in any one fiscal year unless approved by a majority of the

electors voting thereon at a general or special election; provided however, that this limit shall not

apply to borrowing in anticipation of tax receipts, or receipts of federal or state grant monies, up

to the limits set therefor and under the conditions specified in state law. At no time shall the

accumulated debt of the district exceed one half of its' annual operating budget.

     Section 6. Preservation Of Rights Under Existing Labor Contracts

     In accordance with the provisions of Section 19.1 of Chapter 7, Title 28 of the Rhode

Island General Laws, this act of consolidation shall not impair the provisions of any existing labor

contracts for persons employed by any of the individual fire districts. Notwithstanding this

consolidation, the labor contracts shall continue in full force and effect until their termination

dates or until otherwise agreed by the parties or their legal successors.

     All employees of the Cumberland, Cumberland Hill, North Cumberland and Valley Falls

Fire Districts who are so employed by said districts as of the date of the enactment of this Act,

shall become employees of the Cumberland Fire District, and shall retain all accumulated rank,

benefits and other rights of employment as existed with the several districts without any action by

the Committee of the Cumberland Fire District. Nothing contained herein shall prevent the

Committee from reducing or eliminating non-contractual positions.

     The Collective Bargaining Agreements and all other binding commitments and

agreements entered into between the Cumberland, Cumberland Hill, North Cumberland and

Valley Falls Fire Districts and the Cumberland (IAFF Local 4114), Cumberland Hill (IAFF Local

2762), North Cumberland (IAFF Local 2722) and Valley Falls (IAFF Local 2729) Fire Fighters

Associations, 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 Cumberland Fire District and the Cumberland (IAFF Local 4114), Cumberland Hill

(IAFF Local 2762), North Cumberland (IAFF Local 2722) and Valley Falls (IAFF Local 2729)

Fire Fighters Associations.

     Section 7. Taxes And Tax Collector

     The Committee shall have power to impose taxes, and provide for assessing and

collecting the same, on the taxable inhabitants or property in said district, as they shall deem

necessary for purchasing and procuring real estate, and buildings, implements, apparatus and

other equipment, and for the payment of the current expenses of said district, the payment of such

fire force as they may deem necessary for the protection of the inhabitants of said district from

fires and for the preservation of the public peace therein and also for the payment of any

indebtedness that has been or may be incurred by said district. The Committee and the District

shall be subject to, and bound by, Section 44-5-2 ("maximum levy") of the general laws as if they

were a city or town. Such taxes so ordered shall be assessed by the assessors of said district on the

taxable inhabitants or property therein according to the last valuation made by the assessor of the

town next previous to said assessment, adding, however, any taxable property which may have

been omitted by said town assessors or which may have been since acquired. In the assessing and

collecting of said taxes such proceedings shall be had by the officers of said district as near as

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

and collecting town taxes. The collector of taxes for the town, by a mutual agreement between the

District and the Town Council of the Town of Cumberland, may provide assistance in the

collection of the taxes for said district, including, but not limited to, arranging for the fire tax bill

to appear on the same bill as the town tax bill. Any and all funds collected by the Town on behalf

of the District shall be separately held and accounted for and be held for the exclusive use of the

fire district. The collector of taxes for said district shall, for the purpose of collecting taxes

assessed for said district, have the same powers and authorities as are now by law conferred upon

collectors of taxes for the towns in this state. Said district may provide for such deduction from

the tax assessed against any person if paid by an appointed time or for such penalty by way of

percentage on the tax if not paid at an appointed time, as they shall deem necessary to insure

punctual payments.

     Section 8. Corporate Status

     This newly consolidated Cumberland Fire District shall have the right to enter into

contracts, to sue and to be sued, and to perform all the functions of a corporation and shall have

all general corporate powers permitted by law in accordance with section 7-1.1-4, as amended.

The Cumberland Fire District shall possess all the rights, privileges, immunities, and franchises,

as well of a public or of a private nature, of the Cumberland, North Cumberland, Cumberland

Hill, and Valley Falls Fire Districts; and all property, real, personal and mixed, and all debts due

on whatever account, including outstanding taxes, and all other causes in action, and all and every

other interest of or belonging to or due to the Cumberland, North Cumberland, Cumberland Hill,

and Valley Falls Fire Districts (herein consolidated), shall be taken and deemed to be transferred

to and vested in the Cumberland Fire Districts without further act or deed; and the title to any real

estate, or any interest therein, vested in the Cumberland, North Cumberland, Cumberland Hill,

and Valley Falls Fire Districts shall not revert or be in any way impaired by reason of this

consolidation.

     Section 9. Management

     The management of the Cumberland, North Cumberland, Cumberland Hill, and Valley

Falls Fire Districts shall be assumed by the Cumberland Fire Committee. The Committee shall

assume and have all the powers and duties of the Board of Fire Commissioners for each of the

four (4) existing fire districts and to the extent that this contravenes the existing public laws

relating to each of the four (4) existing fire districts, this act shall control and supersede said prior

acts.

     During the first year, following the election of the Committee, in November, 2014, the

Committee shall manage and oversee the four (4) existing budgets of each of the consolidated fire

districts, provided, however, that during the budget cycle for the fiscal year beginning on July 1,

2015, the Committee shall adopt one budget and one tax rate for the unified district. In all

subsequent fiscal years the Committee shall have the power to adopt an annual operating budget.

The Committee shall make provision for no less than two (2) public hearings thereon, to be held

on separate days, and to be concluded no later than the first Monday in June. Notice of said

hearings shall be advertised on at least three (3) separate days in a newspaper or newspapers of

general circulation in the Town, the final such advertisement to appear no less than five (5) days

prior to the first hearing date. In adopting the final budget, the Committee shall take two (2)

separate votes thereon, the second of which shall be taken no less than forty-eight (48) hours

following the first. The Committee shall have completed action on the final budget no later than

the second Monday in June. Any amendment proposed to the annual budget following its

adoption shall specify the source of any funds sought to be appropriated over and above the total

in the budget as originally adopted, and shall be considered by the Committee under the following

procedure: A budget amendment showing the proposed changes in the affected line items shall be

presented to the Committee and shall be referred to a subsequent regular or special meeting for

action on its adoption. The Committee shall make provision for two (2) public hearings thereon,

to be held on separate days. The second such hearing may be on the date the Committee shall

consider adoption of the budget amendment. Notice of the said hearings shall be advertised on at

least three (3) separate days in a newspaper or newspapers of general circulation in the Town, the

final such advertisement to appear no less than ten (10) days prior to the first hearing date. The

Committee shall also cause to be published in a newspaper or newspapers of general circulation

in the Town a summary of major expenditure and revenue categories appearing in the budget

amendment, compared to current authorized expenditures and revenues, said publication is to

appear no less than ten (10) days prior to the first public hearing.

     Any item or items in the District budget as finally adopted are subject to referendum of

the electors of the District in the following manner:

     (a) Any elector of the District may circulate a petition for the holding of a referendum on

such item or items of authorized expenditure provided for in the budget as shall be specifically

identified in said petition together with the proposed amount of increase or decrease thereof. Such

petition may call for the elimination of an item of expenditure in its entirety, or the insertion of a

new item. Any such petition must be filed with the Town Clerk no later than fourteen (14)

calendar days following the final adoption of the budget.

     (b) The Town Clerk shall transmit any such petition received by him or her to the

Canvassing Authority which shall verify the signatures thereon forthwith. If the petition shall be

certified by the Canvassers to contain the valid signatures of at least four percent (4%) of the

electors then registered in the Town, it shall be returned to the Town Clerk.

     (c) Upon receipt of such certification from the Canvassing Authority, the Town Clerk

shall set a date for the holding of a referendum by the electors of the Town on the items specified

in the petition, such referendum to take place no later than the third Tuesday following receipt of

such certification.

     (d) Upon the certification of any such petition for a referendum by the Canvassing

Authority pursuant to subparagraph (b) of this Section, if such petition calls for the reduction or

elimination of an item or items in the budget as approved, no expenditures shall be made from

said item or items, nor shall any of the funds therefrom be obligated, until the referendum thereon

has been held and the issue resolved; provided, however, that the Committee may continue to

spend and/or obligate funds until the referendum is held and the issue resolved, so long as the rate

of expenditure and/or obligation does not exceed that of the previous year during the same period

of time.

     Any and all funds acquired by the Cumberland Fire District hereunder which are held by

the Cumberland, North Cumberland, Cumberland Hill, and Valley Falls Fire Districts 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 Cumberland Fire District in accordance with

the restrictions imposed thereon until the funds have been exhausted.

     Section 10. Existing Boards Of Commissioners

     The existing boards of commissioners for the Cumberland, North Cumberland,

Cumberland Hill, and Valley Falls Fire Districts as created by the General Assembly shall be

dissolved, upon the swearing in of the Cumberland Fire Committee, and all of their powers and

duties shall pass to the Cumberland Fire Committee not inconsistent with this act. No labor

contracts shall be entered into or extended beyond June 30, 2015, until the swearing in of the

newly elected Fire Committee. The existing boards of commissioners for the Cumberland, North

Cumberland, Cumberland Hill, and Valley Falls Fire Districts shall not approve or adopt a budget

that extends beyond June 30, 2015.

     The existing boards of commissioners for the Cumberland, North Cumberland,

Cumberland Hill, and Valley Falls Fire Districts are hereby empowered and authorized to appoint

a transitional committee to assist in the transition to a consolidated fire district. Said transitional

committee may make recommendations to the four (4) existing boards of fire commissioners and

may be empowered by resolution of the existing boards of commissioners to act on their behalf

on matters relating to this consolidation.

 

     SECTION 2. The Cumberland Town Council shall have the authority, in accordance with

the vote of the electors at the general election of November 2, 2010, to implement this

consolidation plan through arranging for the election and appropriating such municipal funds and

resources necessary to carry out the implementation of this act.

 

     SECTION 3. Sections 2, 3 and 10 of Section 1 and Sections 2 and 3 of this act shall take

effect upon passage. The remaining sections of this act shall take effect upon the election of the

Cumberland Fire Committee. Should any part of this act contravene or be inconsistent with any

terms or provisions of the Public Laws which created and/or amended the charters of the

Cumberland, North Cumberland, Cumberland Hill, and Valley Falls Fire Districts, the provisions

of this act shall control.

     

=======

LC02310/SUB A/2

=======