2013 -- H 6194

=======

LC02674

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

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: Representatives McLaughlin, Phillips, Hull, Bennett, and McNamara

     Date Introduced: June 04, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

and form as follows:

1-4

     Section 1. Name And Jurisdiction

1-5

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

1-6

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

1-7

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

1-8

Hill, and Valley Falls Fire Districts. The action of consolidating the existing districts into one

1-9

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

1-10

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

1-11

November 2, 2010 and by a resolution adopted by the Cumberland Town Council on May 1,

1-12

2013.

1-13

     Section 2. Electors

1-14

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

1-15

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

1-16

"Cumberland Fire District."

1-17

     Section 3. Governing Body

1-18

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

1-19

Committee.

2-1

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

2-2

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

2-3

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

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

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

2-14

     Section 4. Bylaws

2-15

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

2-16

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

2-17

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

2-18

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

2-19

     Section 5. Authorization To Borrow Funds

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

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

2-26

to the limits set therefor and under the conditions specified in state law, for the purpose of

2-27

procuring real and personal estate, the construction and maintenance of buildings, the procuring

2-28

of fire and water apparatus, for the payment of any legal indebtedness of said district, or for the

2-29

purpose of purchasing or procuring any other property, real or personal, that may be legally

2-30

acquired and held by said district and for the purpose of carrying into effect the objects for which

2-31

said district is incorporated.

2-32

     Section 6. Preservation Of Rights Under Existing Labor Contracts

2-33

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

2-34

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

3-1

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

3-2

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

3-3

dates or until otherwise agreed by the parties or their legal successors. No labor contracts

3-4

currently in effect the date of the passage of Section 3 of this act shall not be extended beyond

3-5

June 30, 2015, until the swearing in of the newly elected Fire Committee.

3-6

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

3-7

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

3-8

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

3-9

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

3-10

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

3-11

Committee from reducing or eliminating non-contractual positions.

3-12

     The Collective Bargaining Agreements and all other binding commitments and

3-13

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

3-14

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

3-15

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

3-16

Associations, and any retired members, in effect on the date of enactment of this Act, shall

3-17

remain in full force and effect and shall be treated from that point forward as entered into

3-18

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

3-19

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

3-20

Fire Fighters Associations.

3-21

     Section 7. Taxes And Tax Collector

3-22

     The Committee shall have power to impose taxes, including multi-tier tax rates, and

3-23

provide for assessing and collecting the same, on the taxable inhabitants or property in said

3-24

district, as they shall deem necessary for purchasing and procuring real estate, and buildings,

3-25

implements, apparatus and other equipment, and for the payment of the current expenses of said

3-26

district, the payment of such fire force as they may deem necessary for the protection of the

3-27

inhabitants of said district from fires and for the preservation of the public peace therein and also

3-28

for the payment of any indebtedness that has been or may be incurred by said district. The

3-29

Committee and the District shall be subject to, and bound by, Section 44-5-2 ("maximum levy")

3-30

of the general laws as if they were a city or town. Such taxes so ordered shall be assessed by the

3-31

assessors of said district on the taxable inhabitants or property therein according to the last

3-32

valuation made by the assessor of the town next previous to said assessment, adding, however,

3-33

any taxable property which may have been omitted by said town assessors or which may have

3-34

been since acquired. In the assessing and collecting of said taxes such proceedings shall be had by

4-1

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

4-2

officers of towns in this state in assessing and collecting town taxes. The collector of taxes for the

4-3

town, by a mutual agreement between the District and the Town Council of the Town of

4-4

Cumberland, may provide assistance in the collection of the taxes for said district, including, but

4-5

not limited to, arranging for the fire tax bill to appear on the same bill as the town tax bill. Any

4-6

and all funds collected by the Town on behalf of the District shall be separately held and

4-7

accounted for and be held for the exclusive use of the fire district. The collector of taxes for said

4-8

district shall, for the purpose of collecting taxes assessed for said district, have the same powers

4-9

and authorities as are now by law conferred upon collectors of taxes for the towns in this state.

4-10

Said district may provide for such deduction from the tax assessed against any person if paid by

4-11

an appointed time or for such penalty by way of percentage on the tax if not paid at an appointed

4-12

time, as they shall deem necessary to insure punctual payments.

4-13

     Section 8. Corporate Status

4-14

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

4-15

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

4-16

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

4-17

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

4-18

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

4-19

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

4-20

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

4-21

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

4-22

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

4-23

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

4-24

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

4-25

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

4-26

consolidation.

4-27

     Section 9. Management

4-28

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

4-29

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

4-30

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

4-31

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

4-32

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

4-33

acts.

5-34

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

5-35

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

5-36

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

5-37

2015, the Committee shall adopt one budget and tax rate for the unified district. No existing

5-38

budget of each of the four (4) consolidated fire districts shall go beyond June 30, 2015.

5-39

     In all subsequent fiscal years the Committee shall have the power to adopt an annual

5-40

operating budget. The Committee shall make provision for no less than two (2) public hearings

5-41

thereon, to be held on separate days, and to be concluded no later than the first Monday in June.

5-42

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

5-43

newspapers of general circulation in the Town, the final such advertisement to appear no less than

5-44

five (5) days prior to the first hearing date. In adopting the final budget, the Committee shall take

5-45

two (2) separate votes thereon, the second of which shall be taken no less than forty-eight (48)

5-46

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

5-47

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

5-48

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

5-49

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

5-50

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

5-51

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

5-52

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

5-53

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

5-54

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

5-55

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

5-56

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

5-57

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

5-58

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

5-59

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

5-60

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

5-61

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

5-62

the electors of the District in the following manner:

5-63

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

5-64

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

5-65

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

5-66

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

5-67

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

5-68

calendar days following the final adoption of the budget.

6-1

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

6-2

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

6-3

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

6-4

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

6-5

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

6-6

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

6-7

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

6-8

such certification.

6-9

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

6-10

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

6-11

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

6-12

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

6-13

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

6-14

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

6-15

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

6-16

of time.

6-17

     Any and all funds acquired by the Cumberland Fire District hereunder which at the time

6-18

of the passage of this Act are held by the Cumberland, North Cumberland, Cumberland Hill, and

6-19

Valley Falls Fire Districts in accounts restricted by prior voter approval, testamentary bequest or

6-20

state law (including, but not limited to, the Rhode Island Development Impact Fee Act, R.I.G.L.

6-21

§45-22.4-1 et seq.) shall be held, used or applied, spent, expended and administered by the

6-22

Cumberland Fire District in accordance with the restrictions imposed thereon until the funds have

6-23

been exhausted.

6-24

     Section 10. Existing Boards Of Commissioners

6-25

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

6-26

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

6-27

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

6-28

duties shall pass to the Cumberland Fire Committee not inconsistent with this act. Upon the

6-29

passage of Section 3 of this act, the existing boards of commissioners for the Cumberland, North

6-30

Cumberland, Cumberland Hill, and Valley Falls Fire Districts are hereby empowered and

6-31

authorized to appoint a transitional committee to assist in the transition to a consolidated fire

6-32

district. Said transitional committee may assist in the establishment of a unified tax rate,

6-33

collective bargaining agreements and any other business deemed necessary to effectuate the

6-34

provisions of this act.

7-1

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

7-2

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

7-3

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

7-4

resources necessary to carry out the implementation of this act.

7-5

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

7-6

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

7-7

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

7-8

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

7-9

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

7-10

of this act shall control.

=======

LC02674

=======