A N A C T
AMENDING THE CHARTER OF THE HOPE VALLEY/WYOMING FIRE DISTRICT
It is enacted by the General Assembly as follows:
SECTION 1. Sections (B) and (C) in Article III of Chapter 171 of the Public Laws of 1982, as amended entitled "An Act Creating the Hope Valley/Wyoming Fire District" are hereby further amended to read as follows:
(B) Special meetings of the Hope Valley/Wyoming Fire District may be called by the board of directors or upon written request, signed by at least twenty (20) eligible voters, setting forth the purpose of said call, delivered to the clerk. Said meeting shall be called within fourteen (14) days from the date of delivery of said request to the clerk.
(C) Adjourned meeting. Any business conducted or transacted at any annual or special meeting may be referred to an adjourned meeting, upon request of the majority of eligible voters present at any such meeting, for the purpose of voting on such matters, either by paper ballot or machine. Voting hours and date shall be determined by the board of directors at a location within the boundaries of the Hope Valley/Wyoming Fire District that is easily accessible and convenient to the eligible voters of the Hope Valley/Wyoming Fire District.
SECTION 2. Sections (A)(1), (A)(2) and (A)(3) of Article V in CHAPTER 171 OF THE PUBLIC LAWS OF 1982, as amended entitled "An Act Creating Hope Valley/Wyoming Fire District" are hereby further amended to read as follows:
(A)(1) All candidates for elected office must submit their name and the particular office, which they are seeking in writing, to the clerk by 4:30 p.m. thirty (30) days prior to the annual meeting. Nominations from the floor at the annual meeting shall be prohibited. All candidates for elected office must meet the qualifications set forth in this chapter.
(2) They shall order such taxes and provide for the assessment and collection of same, on all real and such personal property within the boundaries of the Hope Valley/Wyoming Fire District as they shall deem necessary for the:
(a) Proper creation, maintenance and support of a fire department in said Hope Valley/Wyoming Fire District, including the purchasing of real estate to house all necessary equipment and fire fighting apparatus.
(b) Purchase of all necessary fire apparatus and fire fighting equipment and generally for all things necessary and proper for maintenance, within the Hope Valley/Wyoming Fire District, of a suitable and proper fire department and supplying it with proper equipment to carry into effect and attain the objectives of which this act is declaratory.
(c) Improvement in any manner they may deem necessary of the property belonging to the Hope Valley/Wyoming Fire District.
(d) Creation of a reserve fund for the future maintenance and replacement of property and apparatus.
(e) Payment of any charges and expenses arising within the Hope Valley/Wyoming Fire District, incidental or not to the above.
(f) Provision of salaries and employee's benefit to those persons presently or previously employed by the Hope Valley/Wyoming Fire District.
(3) They shall establish such penalties as they shall deem necessary on all taxes not paid, as provided in the assessment aforesaid.
SECTION 3. Sections (A)(1), (A)(2), (A)(3), (A)(6), (A)(7), (A)(10), (A)(11),(A)(12), (A)(13), D, E, F, G, H and I of Article VIII in Chapter 171 of the Public Laws of 1982, as amended to read as follows:
(A)(1) The board of directors shall elect one (1) of its members as chairperson and one (1) of its members as vice chairperson. The chairperson, and in the absence of the chairperson, the vice chairperson, shall preside at all meetings of the Hope Valley/Wyoming Fire District and shall conduct all meetings in accordance with "Roberts Rules of Order" (latest revision).
(2) The board of directors shall appoint all committees.
(3) The chairperson of the board of directors shall administer the oath of office to the clerk.
(6) Whenever any vacancy shall occur either through death, resignation, disability, or removal for cause, the board of directors shall appoint a replacement to serve in such capacity until the next annual or special meeting, subject to the qualification of district officers enumerated in subsection XI of this charter.
(7) The board of directors shall appoint or designate a replacement as acting treasurer, who in the absence or disability of the treasurer shall have the authority to sign checks and assume the other duties of the treasurer. Said person shall provide bond in an amount to be determined by the board of directors.
(10) The board of directors may exempt from taxation such property within the boundaries of the Hope Valley/Wyoming Fire District. The board of directors may reduce or exempt taxes based upon hardship on a case-by-case basis. The board of directors based upon evidence/testimony of the requester shall determine hardship cases.
(11) The board of directors shall provide for the auditing of the financial records of the Hope Valley/Wyoming Fire District.
(12) The board of directors shall approve all mutual aid contracts with other fire districts or fire departments.
(13) The board of directors shall approve all bills and prepare an annual budget for presentation to the voters at the annual meeting.
(D) Tax collector. The tax collector, appointed in a manner provided in section VIII of this chapter, before proceeding to discharge these duties, shall give bond to the Hope Valley/Wyoming Fire District in such sum and with surety as the eligible voters of the Hope Valley/Wyoming Fire District shall determine, which will provide for the faithful performance of the duties of the office. Said bond is to be deposited with the clerk.
The tax collector shall pay over to the treasurer on the first (1st) business day of each month the total taxes collected during the previous month, or at frequent intervals, at the option of the tax collector.
The tax collector may determine and assess all real and tangible property, other than motor vehicles, located within the boundaries of the Hope Valley/Wyoming Fire District, on December 31st of each year in the same amount as assessed by the towns of Richmond and Hopkinton. The tax collector shall have the power to assess any property exempt, omitted, understated or overstated by the towns of Hopkinton and Richmond. The date of collection shall be the September 30th following said assessment. Provided, however, in the event the grand list of the towns of Hopkinton and Richmond is not certified by June 15th of any year, the tax collector, on approval of the board of directors, shall have the authority to change the date of said collection not more than one hundred fifty (150) days from the date of said certification of the grand list by the towns of Hopkinton and Richmond.
The tax collector shall, after receipt of the list of assessment from the towns of Hopkinton and Richmond and assessing any property omitted, exempted, understated or overstated, produce a tax bill based on the tax rate approved by the eligible voters of the Hope Valley/Wyoming Fire District and further shall maintain records on all tax collections and delinquent charges and provide annual written reports thereof.
The tax collector shall be empowered, subject to approval by a majority of the board of directors, to appoint an agent for collection of taxes. Said agent at the time of appointment shall give bond to the Hope Valley/Wyoming Fire District in such sum and with surety as the eligible voters of the Hope Valley/Wyoming Fire District shall determine, which will provide for the faithful performance of the duties of said agent.
(E) District chief. The district chief shall have full command of the fire district other than in areas so designated within this act. He or she shall decide disputes and questions arising out of matters connected with the fire departments among the officers and personnel. He or she shall be responsible for property of the Hope Valley/Wyoming Fire District and shall enforce the rules and regulations of the Hope Valley/Wyoming Fire District. The district chief shall have the powers and duties delegated by the state of Rhode Island to the principal officer of fire departments located within the state of Rhode Island.
(F) If the chief should become incapacitated such that he or she cannot perform the duties of chief for an extended period of time, the board of directors may appoint an acting chief to serve until the chief is able to again carry out his or her responsibilities. If the position of chief should become vacant, the board of directors shall appoint an acting chief to serve until a new chief is appointed.
(G) First district deputy chief. The first district deputy chief shall assist the district chief. In the event of the absence or disability of the district chief, for any reason, the powers and duties of the district chief shall devolve upon the first district deputy chief.
(H) Second district deputy chief. There shall be a second district deputy chief. The second district deputy chief shall assist the district chief. In the event of the absence or disability of the district chief and the first district deputy chief, for any reason, the powers and duties of the district chief shall devolve upon the second district deputy chief.
(I) The remaining number of district deputy chiefs is to be determined by the board of directors to the needs of said fire district, but shall not be allowed to exceed five (5) district deputy chiefs in total. The additional district deputy chiefs shall follow the same chain of command as the first district deputy chief and second district deputy chief by their assigned position by the board of directors.
SECTION 4. Sections (A), (B), (C), (D), (E) and (F) of Article IX in Chapter 171 of the Public Laws of 1982; as amended, entitled "An Act Creating the Hope Valley/Wyoming Fire District" are hereby further amended to read as follows:
(A) The clerk shall be elected at the annual meeting, by the eligible voters to serve for a term of one (1) year. All elections for members of the board of directors will be to three (3) year terms.
(B) The district chief shall be appointed by the board of directors, and shall serve at the pleasure of the board of directors.
(C) The district deputy chiefs shall be appointed by the board of directors and shall serve at the pleasure of the board of directors.
(D) The board of directors shall have a written policy as to the procedures for appointing the district chief and district deputy chiefs and shall post same when a vacancy should occur. The board of directors shall also post all qualifications for the positions of chief and/or district deputy chiefs when a vacancy should occur.
(E) The tax collector shall be appointed for a term of one (1) year by the board of directors. Said tax collector need not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said position shall be the responsibility of the board of directors. The tax collector shall serve at the pleasure of the board of directors.
(F) The treasurer shall be appointed for a term of one (1) year by the board of directors. Said treasurer need not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said position shall be the responsibility of the board of directors. The treasurer shall serve at the pleasure of the board of directors.
SECTION 5. Section (A) of Article X in Chapter 171 of the Public Laws of 1982, as amended, entitled "An Act Creating the Hope Valley/Wyoming Fire District" is hereby further amended to read as follows:
(A) In the event that charges are brought against any officer of the Hope Valley/Wyoming Fire District by complaint filed with the board of directors alleging conduct inconsistent with the objectives of this chapter, the board of directors will have a special meeting and there shall be a committee appointed by them which will consist of three (3) members.
The committee shall be filled according to the following order, exempting any of the following who may be subject to any charges, board of directors, treasurer, tax collector, district chief, all district deputy chiefs, and any consultants if needed.
Said committee will hear the charges. Any person (s) so charged shall be afforded the opportunity to present testimony and witnesses in their defense, and to be represented by legal counsel, or by any other representative. Within fourteen (14) days following said hearing the committee shall call a special meeting to present a report of said charges. The results will then be given to the said officer(s). All matters concerning this will remain private unless released by the officer(s) who was charged.
SECTION 6. Sections (A), (B), (C), (D), (E), and (F) of Article XI in Chapter 171 of the Public Laws of 1982, as amended, entitled "An Act Creating the Hope Valley/Wyoming Fire District" are hereby further amended to read as follows:
(A) District fire chief: In order to be eligible for district chief, a person must: (a) have seven (7) years progressively responsible firefighting experience; two (2) years of which must have been in a supervisory capacity, (b) required knowledge, skills and abilities: thorough knowledge of principles of supervision and management practices and procedures; considerable knowledge of laws, ordinances, codes, and regulations effecting goals, objectives, and department operation; a working knowledge of interpersonal communication skills; working knowledge of modern practices related to personnel management and motivation; a working knowledge of firefighting techniques and equipment; a working knowledge of the recruitment and retention of volunteers; a working knowledge of working with and directing a combination department; and a working knowledge of fire/arson investigation procedures.
Ability to plan, organize, and direct the implementation of overall fire department programs and objectives; ability to direct and supervise various levels of volunteer and paid firefighters; ability to evaluate performance without partiality; ability to communicate effectively, verbally and in writing; ability to make quick and accurate decisions in emergency situations; and ability to develop an effective working relationship with the board of directors, local elected officials, area industries, area businesses, and the general public.
Must have the ability to prepare and implement mutual aid contracts and agreements; must be willing to take an active part in national, regional, state, and local fire related organizations in the best interest of the fire district.
Must have the ability to prepare and administer the fire district's annual budget in conjunction with the board of directors.
Must be a resident of the Hope Valley/Wyoming Fire District and been an active member of an active fire department within said fire district for seven (7) years.
(B) District deputy chiefs: In order to be eligible for the position of district deputy chief a person must: (a) have five (5) years progressively responsible firefighting experience; two (2) years of which must have been in a supervisory capacity of a lieutenant or above, (b) Required knowledge, skills and abilities: basic knowledge of principles of supervision and management practices and procedures; basic knowledge of laws, ordinance, codes, and regulations effecting goals, objectives, and department operation; a working knowledge of interpersonal communication skills; working knowledge of modern practices related to personnel management and motivation; a working knowledge of firefighting techniques and equipment; a working knowledge of working with and directing a combination department; an ability to take orders and to give orders; a willingness to participate in continuing education programs when available; should have the ability to develop effective working relationships with senior officers, firefighters, board of directors, local elected officials, area industries, area businesses and the general public, should have the ability to perform and implement mutual aid agreements; (c) must be a resident of the Hope Valley/Wyoming Fire District and have been an active member of an active fire department within said fire district for five (5) years. An exception to the residency requirement is addressed in article X, section (C).
(C) In the event that a vacancy exists in the district fire chief's position and/or a district deputy chief's position and the board of directors deems that no person meets the qualifications and/or no one is seeking said position, the board of directors may appoint a special committee to determine which qualifications may be modified in order to fill said vacancy.
The committee shall consist of the board of directors, and four (4) officers, of the rank of captain or above, none of which can be seeking the vacated position.
A two-thirds (2/3) majority vote shall be required of said committee to modify said qualifications.
Qualifications for residency within said fire district, if so modified, will have a requirement that the appointed non-resident relocate to said fire district within six (6) months.
The residence requirements set forth in this section shall not apply to persons who were active members of the Alton Volunteer Fire Department on September 8, 1987.
Any modifications so approved by said committee shall only be in force for the one (1) appointment in question.
(D) All presently elected district deputy chiefs shall not be up for appointment until their present term of office has expired. At that time they shall be required to resubmit an application as required under article V, Powers of Eligible Voters, section (A)(1).
(E) In order to be elected to and retain the position of member of the board of directors or clerk, the person must be a resident and eligible voter of the Hope Valley/Wyoming Fire District, and shall not be an active fireperson within the district.
(F) Any person choosing to run for elective office within the Hope Valley/Wyoming Fire District shall not be required to resign from any office held within the Hope Valley/Wyoming Fire District at that time, until said person be duly elected to the new office.
SECTION 7. Article XII in Chapter 171 of the Public Laws of 1982 as amended, entitled "An Act Creating the Hope Valley/Wyoming Fire District" is hereby further amended to read as follows:
The board of engineers shall consist of the district chief, who shall serve as its chairperson, the district deputy chiefs, and the captains whose duties collectively shall be as follows:
(1) Shall meet on a regular basis as directed by the district chief;
(2) In the absence of the district chief, the next officer in the district's chain of command shall assume said position;
(3) Shall elect one (1) of its members as a recording secretary whose responsibility shall be to record and file the minutes of all regular and special meetings of the board of engineers.
(4) The board of engineers shall have full command of said fire district other than in areas so designated within this act. They shall be responsible for all fire district property and the maintenance of same, and shall report monthly to the board of directors as to the condition of same.
(5) Whenever a member of the board of engineers in the discharge of their duty, issues an order to any officer or firefighters of the Hope Valley/Wyoming Fire District, the order shall be faithfully carried out. In the case of disobedience or neglect, said person shall be subject to review by the board of engineers who may make recommendations to the district chief for disciplinary action(s).
(a) Any fireperson of the Hope Valley/Wyoming Fire District who is aggrieved by any decision of the district chief or the board of engineers, may make appeal to the board of directors by filing a written notice of appeal with the district clerk within ten (10) days after the decision of the district chief of board of engineers.
(b) The board of directors, within ten (10) days after the receipt by the clerk of a written notice of appeal, shall fix a time and place for convening a hearing.
(c) The hearing before the board of directors shall be conducted in an informal manner, and the action taken by the board of directors shall be final.
(d) All policies and procedures not related to fire ground operations must be first (1st) approved by the board of directors prior to being implemented.
(6) (a) The district chief at each annual meeting shall make a written report to the taxpayers as the state of affairs of said fire district. Said report shall be presented to the board of directors thirty (30) days prior to the annual meeting for their review.
(b) The district chief shall represent to the board of directors and their appointed budget committee an anticipated budget expenditures report for the coming fiscal year at least ninety (90) days prior to said annual meeting.
(7) (a) The board of engineers shall prescribe, implement, and enforce all fire district operational policies and procedures as required by federal and state laws, and those that are recommended under NFPA Standards for the health and safety of the district officers and firefighters.
(8) A majority of the members of the board of engineers, present at a fire, or in the event that there is only one member of the board of engineers present, may order such buildings to be pulled down or blown up, as they shall judge necessary to stop the progress of a fire.
SECTION 8. This act shall take effect upon passage.