Chapter 123

2003 -- H 6453 SUBSTITUTE A

Enacted 07/10/03

A N A C T

AUTHORIZING THE TOWN OF NORTH SMITHFIELD TO ACQUIRE THE PROPERTY, ASSETS, AND PERSONNEL OF THE NORTH SMITHFIELD FIRE AND RESCUE SERVICE, INC. IN ORDER TO ESTABLISH A NEW MUNICIPAL FIRE DEPARTMENT

Introduced By: Representative Robert B. Lowe

Date Introduced: May 15, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Acquisition of property, assets and personnel authorized. -- (a)

Notwithstanding any provisions of the Charter of the town of North Smithfield (hereinafter

sometimes referred to as the “town charter”), the town of North Smithfield may acquire and

assume all and/or any portion thereof of the property, assets, and personnel of the North

Smithfield Fire & Rescue Service, Inc., (hereinafter sometimes referred to as the “corporation”)

for purposes of establishing a new municipal fire department. Upon such acquisition, the

corporation shall cease to exist as a separate entity. The town shall provide that all permanent

and part-time employees of the said North Smithfield Fire & Rescue Service, Inc. who are so

employed by the corporation at the time of the acquisition and/or establishment of said fire

department and who have attained at least a firefighter Level 2 Certification or E.M.T

certification by that time, shall hold their respective positions within said new municipal fire

department as though appointed in accordance with the provisions of the said town charter, and

shall immediately be placed in the classified service and said employees shall be deemed covered

under and included within the municipal employee's collective bargaining agreement between the

corporation and its personnel in effect at the time of the acquisition of such personnel. Emergency

dispatchers who are employed by the corporation at the time of acquisition or assumption shall

retain their respective positions in the municipal fire department as though appointed in

accordance with the provisions of the said town charter. The acquisition of such personnel

pursuant to the provisions of this act shall not be deemed to be a violation of the provisions of

State Fair Employment Practices Act, section 28-5-1 et seq. and no action shall be brought

against said town, or any officials, employees, directors, agents, and/or departments thereof,

and/or against the former corporation and its officials, employees, directors, and/or agents, for

any violation of said section 28-5-1 et seq. alleged to have occurred solely as a result of the

acquisition of such personnel in accordance with the provisions of this section. Provided, further,

that any personnel vacancies occurring thereafter in the newly established fire department shall be

appointed in accordance with provisions set forth in the personnel code as required under the

town charter.

     (b) The town council of the town of North Smithfield is hereby authorized to and may

pass such resolutions, enter into such agreements, and do all things deemed useful and necessary

by it to effectuate the acquisition and assumption of the property, assets and personnel of the

corporation.

      (c) Any and all elections and affirmative votes by the town council that are required to

effectuate such acquisition, shall take place on or before September 1, 2003. Otherwise, such

acquisition shall no longer be deemed authorized by this chapter.

     (d) As used herein, the term “assume” shall include the receipt of any property, of the

corporation in any manner, including by purchase, gift, and/or any other transfer.

      As used herein, the term “property” shall include, but not be limited to, equipment,

vehicles, real estate, and/or any other assets of the corporation.

     SECTION 2. This act shall take effect upon passage.

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LC03266/SUB A

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