2019 -- H 6014

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LC002458

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO THE CENTRAL COVENTRY FIRE DISTRICT

     Introduced By: Representative George A. Nardone

     Date Introduced: April 24, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Chapter 405 of the Public

Laws, 2006, entitled, "AN ACT IN AMENDMENT OF THE INCORPORATION OF THE

CENTRAL COVENTRY FIRE DISTRICT IN FURTHERANCE OF THE "CONSOLIDATION

PLAN" OF THE CENTRAL COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING

DISTRICT, THE HARRIS FIRE & LIGHTING DISTRICT AND THE TIOGUE FIRE

DISTRICT, AS APPROVED BY THE QUALIFIED VOTERS OF SAID DISTRICTS, AT

DULY CALLED MEETINGS HELD ON MARCH 28, 2006" and as subsequently amended by

Chapter 238 of the Public Laws, 2012, and Chapters 34 and 45 of the Public Laws, 2017, are

hereby amended to read as follows:

     Sec. 3. FIRST CONSOLIDATED DISTRICT MEETING AND ANNUAL MEETINGS

OF THE CONSOLIDATED FIRE DISTRICT. ANNUAL MEETINGS OF THE FIRE

DISTRICT

     (a) 2006 - First consolidated meeting:

     Commencing in the year 2006, a special meeting of the consolidated district shall be held

within thirty (30) days of the amendment of this Charter by and among the Boards of Directors of

Central Coventry Fire District, the Washington Lighting District, the Harris Fire & Lighting

District and the Tiogue Fire District for the purposes of constituting the first Board of Directors of

the consolidated district, in accordance with Section 5 herein and for adopting the initial by-laws

for the Consolidated District.

     (b)(a) Annual Meetings & Quorum:

     Annual meetings of said fire district for the election of officers and the transaction of any

other business of the fire district shall be held. Twenty five (25) qualified voters shall constitute a

quorum for the transaction of business at any meeting of the corporation.

     The annual meeting of said district shall be held on the second Tuesday of December in

each year. Effective for 2017 through 2018, the district's fiscal year shall be from December 1,

2017, to December 31, 2018. Beginning on January 1, 2019, and each year thereafter the district's

fiscal year shall be the calendar year, from January 1 until December 31.

     Commencing in 2007 and continuing annually thereafter, the district The District shall

hold an annual meeting in a public place on the first third Monday in October September, at 7:00

P.M. at such place within the District as the Board shall determine, for the purposes of: (1)

electing a Board of Directors; (2) authorizing the assessment of all the taxable personal and real

property of the District; (3) authorizing the collection of taxes, as further set forth in Section 6

hereunder; (4) authorizing an annual budget to provide for the purchase and maintenance of

equipment, apparatus, real and personal property, the payment of wages and salaries, and for such

other expenditures deemed necessary by the qualified voters of the District; and (5) For such

other lawful purposes deemed necessary and proper by either the Board of Directors or qualified

voters of the district.

     (c)(b) Call of the Meeting:

     The Clerk of the District District Clerk shall give notice of the annual meetings by

causing a copy thereof to be posted at least twice in some newspaper distributed in Kent County,

and posted in each fire station of the District not less than sixty (60) days prior to the meeting

date in the Kent County Times, The Reminder, or a similar newspaper of general circulation

distributed in Kent County, and posted in each fire station of the District thirty (30) days prior to

the meeting and thereafter, at least seven (7) days prior to the meeting date. The annual meeting

and all other meetings of the District shall be held in a public place, which shall be accessible to

the handicapped, pursuant to the requirements of the Rhode Island Constitution, Article 1 & 2 and

applicable federal and state non-discrimination laws.

     Sec. 4. SPECIAL MEETINGS

     (a) Special meetings may be called upon written request of not less than twenty-five (25)

qualified voters, or may be called by a majority vote of the board of Directors. Written

application for a special meeting as well as the notice thereof, shall mention the reason for such

special meeting. Notice of the special meeting shall be given in the same manner as the annual

meeting not less than thirty (30) days prior to the date of the meeting. The purpose of the meeting

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shall be stated in the notice and call for meeting and no other business shall be transacted. Special

meetings of the fire District may be called upon written request of not less than one hundred

(100) qualified voters or may be called by a majority vote of the Board of Directors. Written

application for a special meeting of the fire District, as well as the notice thereof, shall mention

the reason for such special meeting. Notice of the special meeting of the fire District shall be

given in the same manner as the annual meeting not less than thirty (30) days prior to the date of

the meeting, thereafter, at least seven (7) days prior to the date of the meeting. The purpose of the

special meeting of the fire District shall be stated in the notice and call for meeting and no other

business shall be transacted.

     (b) Any special meeting called for the purpose of filling a vacancy among district officers

shall be advertised in the same manner as the annual meeting, as set forth in Section 3 (c) of this

Charter. Nothing herein shall prohibit the Board of Directors from calling such special Board of

Directors meetings, or Board work sessions or workshops as they may from time to time require,

so long as said meetings comply with the Open Meetings Act set forth in chapter 46 of title 42 of

the Rhode Island General Laws.

     Sec. 5. DIRECTORS & OFFICERS OF THE CORPORATION – MODERATOR -

QUALIFICATIONS

     (a) The consolidated district board shall be comprised of seven (7) directors, none of

whom shall be then serving as a Treasurer or Tax Collector of any individual district, appointed

by the respective Boards of each individual fire district and shall be constituted as follows: Two

(2) members shall be appointed by the Central Coventry Fire District; Two (2) members shall be

appointed by the Central Washington Fire District; One (1) member shall be appointed by the

Harris Fire District; One (1) member shall be appointed by the Tiogue Fire District; the final

member shall be appointed by the preceding six (6) members and may be from any of the

individual fire districts. The consolidated district Board of Directors shall elect a President and

Vice President, and all seven Directors shall be qualified to serve in office until at least the next

annual meeting. At the first meeting of the consolidated district, the Board shall determine by

some acceptable means, the order in which the members’ seats shall come up for election. The

District Board shall be comprised of seven (7) Directors. The Board of Directors shall elect a

President and Vice President, and all seven (7) Directors shall be qualified to serve in the office

until at least the next annual meeting. Board members shall serve three (3) year terms, staggered

by the year in which they were elected. For example, if a Board member was elected in 2018, his

or her term would be up for election in 2021.

     (b) Thereafter, three (3) Directors will be elected to a three (3) year term at the 2007

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annual meeting and every third year thereafter. Two (2) directors shall be elected at the 2008

annual meeting and every third year thereafter. Two (2) Directors shall be elected at the 2009

annual meeting and every third year thereafter. Any inhabitant qualified to vote at any District

meeting, may be a candidate for District office; provided, however, that no one who is employed

by the District, as a firefighter, or employed by another fire District in the Town of Coventry, or

employed by the Town of Coventry, or the state of Rhode Island, or an immediate family member

of a District employee shall be a candidate for District office. Such candidate must submit to the

District Clerk the title of the elective office sought, together with a petition signed by twenty (20)

inhabitants qualified to vote at any fire District meeting, at least sixty (60) days prior to the date

of the meeting. This list of signatures is to be certified by the District Clerk no later than thirty

(30) days prior to an annual or special meeting of the fire District.

     (c) Any inhabitant qualified to vote at any District meeting may be a candidate for

District office, provided such candidate submits to the District clerk the title of the elective office

sought, together with a petition signed by twenty (20) inhabitants qualified to vote at any District

meeting, at least sixty (60) days prior to the date of the meeting, This list of signatures is to be

certified by the clerk no later than thirty (30) days prior to an annual or special meeting of the

District.

     (d)(c) The clerk of the District District Clerk shall post in a conspicuous place a list of all

persons certified to stand for election and the office to which each person seeks election in at least

eight (8) public places within the district, including all actively used District stations, at least

twenty (20) days prior to the annual meeting or any other special meeting called for the election

of officers.

     (e) The Board of Directors shall have the power to declare an office vacant if the person

filling that office fails to attend three (3) consecutive monthly meetings of the Board.

     (d) The Board of Directors shall have the power to declare an office vacant if the person

filling that office fails to attend three (3) consecutive monthly meetings of the Board without

prior notification to the Board. The Board is authorized to excuse the absence of a Director from

any meeting.

     (e) If a vacancy shall occur on the Board, the President or District Clerk shall call a

meeting of the Board of Directors of the District within ten (10) working days after such vacancy

shall occur. The remaining Board members shall appoint a replacement to fill the vacancy until

the next regular election of officers, at which time the vacant position shall be filled through an

election for the balance of the term.

     (f) In the event that a vacancy in any elective office of the District occurs, the president or

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clerk shall call a meeting of the Board of Directors of the district within ten (10) working days

after such vacancy occurs. The Board of Directors shall select a qualified elector of the District to

fill the vacancy until the next annual meeting.

     (g) Upon the occurrence of any vacancy in any elective office of the District, at the next

annual meeting an election will be held for the purpose of electing a qualified elector to fill the

office vacated for the remainder of the original term of office.

     Sec. 6 DUTIES OF THE BOARD OF DIRECTORS

     (a) The Board of Directors shall hold monthly public meetings to conduct the business of

the District. The Board of Directors shall be empowered and responsible to: (1) Fix the amount of

the bond of the Finance Director or Treasurer and the Tax Collector; (2) Order payment of the

district’s District's bills and indebtedness; (3) Be in charge of and supervise the care of the

district’s District's properties; (4) Cause district District property to be insured; (5) Upon the

recommendation of the Fire Chief, purchase Purchase equipment, property and apparatus and sell

obsolete, decommissioned or surplus equipment, property and apparatus as required by the

District’s needs and budget; (6) Appoint an Administrative a Fire Chief, Tax Collector and

Treasurer and other employees. No less than one half (1/2) of the members of the Board of

Directors shall constitute a quorum at any meeting of the Board.

     (b) The foregoing list of duties shall not be deemed to be limiting and the directors Board

of Directors shall have all necessary authority to operate and conduct the business of the District

as necessary, all within the bounds of the laws of the State of Rhode Island. The Board of

Directors shall have the power to appoint and/or employ a tax assessor, tax collector, treasurer,

clerk, and other committees and/or positions deemed necessary for the efficient operation of the

District.

     (c) The members of the Board of Directors and any official appointed by said Board of

Directors shall be subject to the Rhode Island Code of Ethics in Government, Chapter 14 of Title

36 of the Rhode Island General Laws.

     (d) The president President of said District shall preside at all annual and special

meetings as moderator; in his/her absence the vice president Vice President shall serve as

moderator; in the absence of both, a temporary moderator may be elected by a majority of voters

present and voting.

     (e) The administrative duties of these Directors shall be specified in the by-laws of the

fire district By-laws of the District.

     (f) Recall of Director(s).

     Any Director, having been in office for at least six (6) months, may be removed from

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office by a recall petition prepared and approved by the voters of the District in the manner

hereinafter provided for recall.

     Upon application by a registered voter of the District, the District Clerk shall issue recall

petition blanks, which shall be dated, which shall demand the removal of the designated Director,

and which shall also state the cause upon which the removal is sought. The petition is to be filed

with the District Clerk within thirty (30) days after issuance to be in order for the certification

process.

     The signatures to a recall petition need not all be appended to a single paper, but each

signer shall add his or her signature as the same appears on the Board of Canvassers and

Registration's records, and the signer's place of residence, giving the street name and number.

One of the signers shall take an oath before an officer competent to administer oaths that the

statement therein made is true, as the signer believes, and that each signature to the paper

appended is the genuine signature of the person whose name it purports to be.

     The recall petition shall be signed by at least twenty percent (20%) of the registered

voters of the District for certification purposes. The petition is to be submitted by the District

Clerk to the Coventry Board of Canvassers and Registration for certification forthwith. If the

petition shall be found and certified by the Board of Canvassers and Registration to be sufficient,

within ten (10) days said Board shall submit the same to the Board of Directors without delay.

The Board of Directors shall order an election to be held on a Monday fixed by it no more than

seventy-five (75) days after the date of the Board of Canvassers and Registration's certificate that

a sufficient petition is filed; however, if the annual meeting is to occur within ninety (90) days

after the date of the certification, the Board of Directors shall postpone the holding of the recall

election to the date of said annual meeting.

     Sec. 7. TAXING AUTHORITY - TAX ASSESSOR

     (a) Said qualified voters at any of their legal meetings shall have the power to order such

taxes and provide for the assessing and collecting of the same on the taxable inhabitants and

property in said district District as they shall deem necessary for purchasing fire engines, and all

other implements and apparatus for the extinguishing of fire; for the purchase of land and

buildings for keeping same; for the purchasing, installation, operation and maintenance of a

suitable alarm system; for making cisterns and reservoirs; for the purchase of necessary vehicles

and equipment to operate and maintain emergency medical services; for paying the salaries of

district District officers and employees, as well as the members of the rescue unit known as

Central Coventry Rescue. And such taxes, so ordered, shall be assessed by the assessors of said

district District on the taxable inhabitants and property therein according to the last valuation

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made by the assessors of the town of Coventry next previous to said assessment, adding,

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

acquired; and in assessing and collecting said taxes such proceedings shall be had by the officers

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

of towns in assessing and collecting taxes.

     (b) The qualified voters of the Central Coventry Fire District are also authorized to raise

money through taxes to purchase the necessary vehicles and equipment to operate and maintain a

rescue unit to be known as the Central Coventry Rescue.

     (c) TAX ASSESSOR

     There shall be at least one District Tax Assessor, who may also serve as District Clerk,

who shall be appointed or employed by the District Board of Directors. The tax assessor Assessor

shall levy and assess taxes at such rate as the district shall vote, on all taxable real and personal

property in the district and shall prepare and deposit the tax list with the tax collector and

treasurer of the district; said board shall assess property on the basis of the last valuation made by

the assessors of the Town of Coventry next previous to said assessment be responsible to certify

the tax roll prior to the annual meeting and shall report the same to the Board of Directors.

     Sec. 8. DISTRICT CLERK

     There shall be a District Clerk who shall be appointed or employed by the District. The

clerk District Clerk shall keep full, fair and accurate records and minutes of the meetings of the

Board of Directors and district District meetings and shall make said minutes available to

members of the public, in accordance with the Rhode Island Public Records Act, Chapter 2 of

Title 38 of the Rhode Island General Laws. The District Clerk shall be responsible to give notice

of District meetings as set forth under the provisions of this Charter and pursuant to the Rhode

Island Open Meetings Laws, Chapter 46 of Title 42 of the Rhode Island General Laws. The clerk

District Clerk shall maintain a current copy of the District Charter and by–laws By-laws.

     Sec . 9. DISTRICT TREASURER

     There shall be a District Treasurer who shall be appointed or employed by the District.

The Treasurer shall receive all money paid to the District and deposit the same in such federally

insured bank or banking system as shall be designated by the Board of Directors to the credit of

the District, provided that in the event of a surplus of funds, the Board of Directors may direct

deposits to be made in a savings account in some federally insured banking institution. The

Treasurer shall sign all duly authorized distinct notes and bonds and shall be bonded in an amount

to be determined by the Board of Directors. The Treasurer shall pay all District obligations by

check, as approved by the Board of Directors and shall close the books as of the last day of each

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fiscal year. The Treasurer shall submit a report to the Board of Directors monthly. The Treasurer

shall at every annual meeting, fully report the condition of the treasury of the District, showing

receipts and expenditures of the preceding year.

     FINANCE DIRECTOR -- TREASURER

     The Board of Directors shall be empowered to employ a Finance Director or Treasurer,

as the same shall be referred to. The position shall be responsible for management and

administration of the District, except for fire department operations, which shall be the purview of

a fire chief, and shall be responsible to and shall report to the Board of Directors monthly. This

person shall have a degree in accounting or a Certified Public Accountant ("CPA") designation as

minimum criteria. The following shall also be included as the duties and responsibilities of this

position, as may be modified from time to time by the Board of Directors:

     The position shall account for all money paid to the District and ensure that the same is

deposited into such federally insured bank or banking institution as shall be designated by the

Board of Directors to the credit of the District, provided that in the event of a surplus of funds, the

Board of Directors may direct deposits to be made in a savings account in some federally insured

banking institution. The position shall sign all duly authorized District notes and bonds and shall

be bonded in an amount to be determined by the Board of Directors. The position shall pay all

District obligations by check, or ACH, provided the same are within the spending authority

established by the qualified electors at the annual meeting; otherwise, such expenditures shall be

approved by the Board of Directors. The position shall close the books as of the last day of each

fiscal year. The position shall submit a report to the Board of Directors monthly. The position

shall at every annual meeting, fully report the condition of the treasury of the District, showing

receipts and expenditures of the preceding year.

     In addition to the foregoing, the position shall oversee all financial operations of the

District and direct financial planning and structure, coordinate, analyze and report the financial

performance to the Board; prepare short- and long-term financial forecasts of financial

performance for use with internal management and external parties; oversee audit functions;

develop, implement and maintain accounting and administrative policies and procedures for

financial accounting, employee relations and other District policies; coordinate all human

resource activities including employee benefits, retirement, corporate insurance and related

activities.

     Sec. 10. TAX COLLECTOR

     There shall be a District Tax Collector who shall be appointed or employed by the

District. The tax collector shall collect and pay to the District treasurer all taxes and interest

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collected by him/her as and when received and shall be bonded in a sum fixed by the Board of

Directors; shall close his or her books as of the last day of each fiscal year and shall prepare and

present a written report to the annual meeting; shall submit a written report to the treasurer

monthly; shall consult an attorney approved by the Board when legal action is necessary for the

collection of unpaid taxes; shall be responsible for the preparation of the tax roll. The Tax

Collector shall collect and cause to be deposited into a federally insured bank or banking

institution as designated by the Board of Directors all taxes and interest collected by him or her as

and when received and shall be bonded in a sum fixed by the Board of Directors; shall close his

or her books as of the last day of each fiscal year and shall prepare and present a written report to

the annual meeting; shall submit a written report to the Board of Directors monthly; shall consult

an attorney approved by the Board when legal action is necessary for the collection of unpaid

taxes, including being responsible for holding an annual tax sale on property to satisfy unpaid

taxes owed to the District; and, shall be responsible for the preparation of the tax roll.

     Sec. 11. BY-LAWS

     The qualified voters of said district District may enact all by-laws By-laws by them

adjudged necessary and expedient for carrying the provisions of this act into effect, provided the

same be not in violation of or repugnant to the laws of this state. The qualified voters may change

any provision of the by-laws By-laws at any annual or special meeting, provided the proposed

change has been noticed in the call of the meeting.

     Sec. 12. AUTHORIZATION TO BORROW FUNDS

     The Central Coventry fire district Fire District is hereby authorized and empowered to

borrow from time to time such sums of money as may be necessary, not however, to exceed the

sum of one-half (1/2) of the annual operating budget, for the purpose of procuring real and

personal estate, the erection and maintenance of buildings, the procuring of fire and water

apparatus, for the payment of any legal indebtedness of said district, or for the purpose of

purchasing or procuring any other property, real or personal, that may be legally acquired and

held by said district in anticipation of current taxes and revenues, not to exceed fifteen percent

(15%) of the annual budget.

     Sec. 13. The Central Coventry fire district is authorized to install lighting on the streets

and highways of the district; provided, however, that any new installation of lighting or repair of

existing lighting shall be required to use Light-Emitting Diode ("LED") or other energy-reducing

technology to lower the cost of said lighting.

     Sec. 15. This act shall take effect no later than sixty (60) days after its enactment and all

acts or parts of acts inconsistent herewith or repugnant thereto, are hereby repealed.

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     SECTION 2. This act shall take effect no later than sixty (60) days after passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE CENTRAL COVENTRY FIRE DISTRICT

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     This act would amend the procedures for the holding of the annual meeting, special

meetings, the election, recall and duties of the board of directors and officers as well as the duties

of the tax assessor, district clerk, finance director-treasurer and tax collector, the borrowing of

funds and installation or repair of lighting.

     This act would take effect no later than sixty (60) days after passage.

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