Chapter 166 |
2019 -- H 6034 Enacted 07/11/2019 |
A N A C T |
RELATING TO THE MANVILLE FIRE DISTRICT -- AMENDMENT OF CORPORATE CHARTER |
Introduced By: Representatives Ackerman, and Lyle |
Date Introduced: April 26, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Manville Fire District Charter: Sections 2, 3, 4, 5, 6, 6a, 6b, 6c, 7, 8, 8a, 8b, |
8c, 8d, 9, 10 and 11 of an act, entitled, "An Act to incorporate the Manville Fire District", passed |
at the May session, A.D. 1891, as amended by an act passed at the January session, A.D. 1893, by |
chapter 1644 of the public laws, passed at the January session, A.D. 1908, and by chapter 1168 of |
the public laws, passed at the January session, A.D. 1914 and by chapter 2426 of the public laws, |
passed at the January session, A.D. 1923, and by the acts and resolves at the January session, |
A.D. 1953, and by chapter 3565 of the public laws passed at the January session, A.D. 1955, and |
by the acts and resolves passed at the January session, A.D. 1958, and by chapter 26 of the public |
laws passed ·at the January session, A.D. 1980, and by chapter 19 of the public laws, passed at |
the January session, A.D. 1988 are hereby repealed: |
Section 2. The taxpayers of said district qualified to vote in town affairs or propositions to |
impose taxes or for the expenditures of money shall be eligible to vote and act in all meetings of |
the corporation Provided, however, that such taxpayers must have paid their taxes in full to the |
fire district not less than ninety-six (96) hours previous to the time specified for the meetings at |
which they may desire to vote. |
Section 3. There shall be an annual meeting of said corporation on the second Tuesday in |
September of each and every year, for the purpose of electing officers, ordering taxes and |
providing for assessing and collecting the same, enacting by-laws as prescribed in section 10 and |
transacting such business or adopting such measures, consistent with the charter, which the |
qualified voters at said meeting shall deem beneficial to the fire district. The newly elected |
officers shall assume office on the first day of October of the same year. And in order to bring |
before that annual meeting any measure pertaining to the fire district it shall not be necessary that |
the purpose of the meeting be specified in the notice or notices posted to call said meeting. All |
meetings of said corporation shall be called by the clerk, or in the event of his death or inability, |
by the moderator, by posting notices not less than fourteen (14) days before each ~ meetings in |
eight (8) public places within the district and by advertising two (2) local newspapers three (3) |
days prior to date of said meeting. Each notice posted and each newspaper advertisement shall |
contain time and place at which such meeting is to be held. In the case of a special meeting where |
the posting of notices for fourteen (14) days prior to the date would create ate a financial |
emergency, the clerk or in the event of his death, the moderator shall at the direction of the board |
of fire wardens advertise in two (2) local newspapers notice of said special meeting three (3) days |
prior to the date of said special meeting. |
Section 4. Special meetings of said corporation shall be held for purposes pertaining to |
the fire district, provided an application in writing be made to the clerk of the corporation by all |
fire wardens or by thirty (30) or more qualified voters of said fire district; setting forth |
specifically the whole purpose of the desired meeting. Business at such meeting shall be limited |
to the specific item(s) specified on the warrant for said special meeting. It shall thereupon be the |
duty of the clerk, (or in case of his death or inability, of the moderator), to issue notices of the |
proposed meeting in the manner prescribed in section 3, which notices shall specify the subject to |
be acted upon, mention the names of the fire wardens, or of not less than thirty (30) taxpayers |
who shall have applied for the holding of said meeting, and be signed by the clerk or by the |
moderator of the corporation. |
Section 5. The officers of the fire district shall consist of one (1) moderator, one (1) clerk, |
one (1) treasurer, one (1) tax collection, three (3) assessors of taxes, two (2) auditors, five (5) fire |
wardens; and said officers shall be elected by the qualified voters at the annual meeting of the fire |
district to remain in office until the next annual meeting or the election of their successors. Any |
officer who shall neglect his duty may be impeached by a two-thirds (2/3) vote of the voters of |
the district present at the meeting at which such vote is taken. All vacancies occurring by reason |
of death, incapacity, resignation, or the retirement of any officer may be filled at a special |
meeting of the district called for that purposes; provided, however, that any vacancy occurring |
within the two (2) months preceding the annual meeting shall be filled by a majority vote of the |
board of fire wardens. |
Section 6. The terms of the tax assessors, auditors, and the fire wardens shall be for two |
(2) year terms. All other officers shall be elected for one (1) year terms. |
Section 6a. Election of Tax Assessors: -- At the annual meeting on the even numbered |
years, two (2) tax assessors shall be elected for a two (2) year term and on the odd numbered |
years one (1) tax assessor shall be elected to a two term. |
Section 6b. Election of Fire Wardens: -- At the annual meeting on the even numbered |
years three (3) fire wardens shall be elected for two (2) year terms and on the odd numbered years |
two (2) fire wardens shall be elected to two (2) year terms. |
Section 6c. At the annual meeting one (I) auditor shall be elected for a two (2) year term. |
Section 7. The moderator shall preside at all annual and special meetings of the fire |
district which shall have been called by proper notice; and at such meetings shall conduct the |
proceedings, decide all discussions according to law, and have command over all the records of |
the clerk, of the treasurer, and of the tax collector during such meetings. The rulings or decisions |
of the moderator at said meetings shall be binding upon the fire district. The decision of the |
presiding officer may be appealed upon by those present and entitled to a vote and a two-third |
(2/3) majority of the voters will be required to sustain the appeal and overrule the decision. An |
appeal of his decisions or ruling may be taken by an qualified voter of said district to the superior |
court to be holden within the county of Providence. All meetings whether annual or special |
meetings of the fire district shall be conducted in accordance with Robert's "Rules of Order". |
Section 8. The fire chief shall be appointed by the board of fire wardens. The deputy fire |
chief shall be appointed by the board of fire wardens on the recommendation of the fire chief. |
These appointments shall be made whenever a vacancy occurs. The fire chief and the deputy fire |
chief shall serve under the direction of the board of fire wardens. |
Section 8a. The appointment of the fire chief and the deputy fire chief shall be for a |
probationary period of three (3) full years, beginning with the first day of appointment. At the end |
of the probationary period, the board of fire wardens shall grant tenure with a majority vote. |
Section 8b. If the need for dismissal due to just cause of a fire chief or a deputy fire chief |
occurs, a hearing will be held with all concerned present. At that time a four (4) out of five (5) |
majority vote of the board of fire wardens will be necessary for dismissal. |
Section 8c. The fire chief or the deputy fire chief in the case of dismissal by the board of |
fire wardens may petition his case to said board of fire wardens for a second hearing within |
seventy-two (72) hours. In the event that the dismissal is upheld a fire chief or a deputy fire chief |
may as a final plea, bring his plea to the members of the Manville fire district within fourteen (14) |
days of the second hearing according to the law of special meetings. Then and only then can the |
decision of the fire wardens be reversed by a 2/3 majority of eligible voters present and voting. |
Should the probationary period not end in tenure, the fire chief or the deputy fire chief as the right |
of due process in accordance with the rules of section 8. |
Section 8d. The fire chief and the deputy fire chief or any other executive officer of the |
fire department when on duty at a fire in the fire district where the fire headquarters or station of |
said company is located or in response to an alarm for such a fire shall in absence of the police |
have the power to suppress any tumult or disorder and to command the inhabitants of the fire |
district all needful assistance for the suppression of fire and in preservation of property exposed |
to fire the officers above enumerated shall have authority to go onto and enter property or |
premises and do whatever may reasonably be necessary in the performance of their duties while |
engaged in the work of extinguishing any fire or performing any duties incidental thereto. The |
fire chief and deputy fire chief are authorized to procure the assistance of the state fire marshal's |
division of fire safety in their fire fighting activities when necessary. |
Section 9. No member of the fire department of the Manville fire district who, while on |
duty performing the duties of a fire fighter or rescue person, and in the performance of said duty |
voluntarily and gratuitously renders emergency assistance to a person in need thereof, shall be |
liable for civil damages for any personal injuries which result from acts or omissions by such |
persons rendering the emergency care which may constitute ordinary negligence. This immunity |
does not apply to acts or omissions constituting gross, willful, or wanton negligence. The fire |
chief and deputy fire chief and all members of this fire department shall not render themselves |
liable personally and they are hereby relieved from all personal liability for any damage that may |
occur to persons or property as a result of an act required or permitted in the discharge of their |
official duties and any fire chief and deputy fire chief acting in good faith and without malice, |
shall be free from liability for acts performed or by any reason of his failure to act in the |
performance of his official duties. |
Section 10. The qualified voters of said fire district shall at the annual meeting or at a |
special meeting called for this purpose, have the power to propose changes in the by-laws |
consistent with this charter. Final passage of said by-laws shall require the approval of voters at a |
subsequent meeting to be held no less than thirty (30) days and no more than sixty (60) days from |
the date of the proposal. |
Section 11. Such fire company, including the rescue service, shall constitute the fire |
department with the fire district under the command of the fire chief and shall be governed by the |
fire district. Such company shall also be subject to the provisions contained in chapter 152 and |
200 of the public statutes and all acts in amendment thereto and to the exemptions, privileges, and |
remedies therein provided and the rules and regulations of the department of health pertaining to |
rescue service. |
SECTION 2. Manville Fire District Charter: The act, entitled, "An Act to incorporate the |
Manville Fire District", passed at the May session, A.D. 1891, as amended by an act passed at the |
January session, A.D. 1893, by chapter 1644 of the public laws, passed at the January session, |
A.D. 1908, and by chapter 1168 of the public laws, passed at the January session, A.D. 1914 and |
by chapter 2426 of the public laws, passed at the January session, A.D. 1923, and by the acts and |
resolves at the January session, A.D. 1953, and by chapter 3565 of the public laws passed at the |
January session, A.D. 1955, and by the acts and resolves passed at the January session, A.D. |
1958, and by chapter 26 of the public laws passed at the January session, A.D. 1980, and by |
chapter 19 of the public laws, passed at the January session, A.D. 1988 is hereby amended by |
adding thereto the following sections: |
Section 2. Voter Eligibility eligibility: The qualified voters residing within said district |
shall be eligible to vote at the annual meeting of the corporation. Such qualified voters shall be |
eligible to hold any office in the corporation. Voter eligibility will be further defined in the |
district bylaws. |
Section 3. Annual Meeting meeting: There shall be an annual meeting of said corporation |
on the second Tuesday in September for the purpose of electing officers, ordering taxes, and |
providing for assessing and collecting the same. The annual meeting date and requirements for |
said meeting will be defined in the district bylaws. |
Section 4. Special Meetings meetings: Special meetings of said corporation shall be held |
for purposes pertaining to the fire district; provided a written request be made to the Board of Fire |
Wardens Chairman and Clerk board of fire wardens chairman and clerk of the corporation by |
at least two (2) Fire Wardens fire wardens or by thirty (30) or more qualified voters of said fire |
district; setting forth specifically the whole purpose and agenda topics of the desired meeting. |
Business at such meetings shall be limited to the specific item(s) specified on the warrant/notice |
for said special meeting. It shall thereupon be the duty of the Clerk to issue notices of the |
proposed meeting in the manner defined in the district bylaws. |
Section 5. District Officers officers: The officers of the fire district shall consist of five |
(5) Fire Wardens fire wardens. Said officers shall be elected by the qualified voters at the annual |
meeting of the fire district and shall remain in office until the expiration of their term. Any officer |
who shall neglect his or her duty may be impeached by a two-thirds (2/3) vote of the voters of the |
district present at the meeting at which such vote is taken. |
All vacancies for any officer position may be filled at a special meeting of the district |
called for that purpose; provided, however, that any vacancy occurring within the two (2) months |
preceding the annual meeting shall be filled by the affirmative vote of three (3) Fire Wardens fire |
wardens for an interim term lasting until that annual meeting. All elected officers shall assume |
office on the first day of October of the same year. The terms and duties of the officers will be |
defined by the district bylaws. |
Section 6. Appointed Personnel personnel: The Board of Fire Wardens board of fire |
wardens will appoint one (1) Treasurer treasurer, one (1) Tax Collector tax collector, and one |
(1) Clerk clerk, by the affirmative vote of three (3) Fire Wardens fire wardens. The terms and |
duties of the appointed positions will be defined by the district bylaws. |
Section 7. Presiding of Meetings meetings: The Board of Fire Wardens Chairman board |
of fire wardens chairman shall preside over all meetings of the fire district including the annual |
meeting and special meetings unless a Moderator moderator is appointed by the affirmative vote |
of three (3) Fire Wardens fire wardens; and at such meetings shall conduct the proceedings, |
decide all discussions according to law, and have command over all the records of the Clerk, of |
the Treasurer clerk, of the treasurer, and of the Tax Collector tax collector during such |
meetings. The rulings of the Board board at said meetings shall be binding upon the fire district. |
The annual meeting may be conducted by any Fire Warden fire warden that who is not eligible |
for re-election that term or, in the alternative, by a Moderator moderator selected by the |
affirmative vote of three (3) Fire Wardens fire wardens. All meetings of the fire district shall be |
conducted in accordance with Robert's "Rules of Order". |
Section 8. Operations Personnel personnel: The Board of Fire Wardens board of fire |
wardens shall hold control over the operations of the fire district and hold within its authority the |
power to appoint a Fire Chief and Deputy fire chief fire chief and deputy fire chief to manage |
all firefighting activities in the district and otherwise subject to the authority of the Board of Fire |
Wardens board of fire wardens. The confirmation of a Fire Chief and Deputy Fire Chief fire |
chief and deputy fire chief requires an affirmative vote of three (3) Fire Wardens fire wardens. |
The process, terms, and duties of the appointed positions will be defined by the district bylaws. |
Section 9. Amendments: The Board of Fire Wardens board of fire wardens shall have |
the power to make changes to their bylaws and their policy and procedures consistent with this |
charter. Final passage of said bylaws and policy and procedures or any amendment thereto shall |
take place at an open meeting as defined in the district bylaws. |
SECTION 3. This act shall take effect upon passage. |
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