Chapter 06-018

2006 -- S 2592 AS AMENDED

Enacted 04/06/06

A N A C T

RELATING TO CITIES AND TOWNS -- MUNICIPAL EMPLOYEES BENEFITS

Introduced By: Senator J. Michael Lenihan

Date Introduced: February 09, 2006

    It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-22.3-2, 45-22.3-3 and 45-22.3-4 of the General Laws in

Chapter 45-22.3 entitled "State Comprehensive Plan Appeals Board" are hereby amended to read

as follows:

45-22.3-2. State comprehensive plan appeals board. – (a) There is created a state

comprehensive plan appeals board to hear and decide appeals by any municipality of a decision

of the division to approve or disapprove a comprehensive plan or any amendment to a

comprehensive plan.

(b) Within ninety (90) days after the end of each fiscal year, the board shall approve and

submit an annual report to the governor, the speaker of the house of representatives,. the president

of the senate, and the secretary of state, of its activities during that fiscal year. The report shall

provide an operating statement summarizing meetings or hearings held, meeting minutes if

requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies

conducted, policies and plans developed, approved, or modified, and programs administered or

initiated; a consolidated financial statement of all funds received and expended including the

source of the funds, a listing of any staff supported by these funds, and a summary of any clerical,

administrative or technical support received; a summary of performance during the previous

fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,

complaints, suspensions, or other legal matters related to the authority of the board; a summary of

any training courses held pursuant to subsection 45-22.3-3(e); a briefing on anticipated activities

in the upcoming fiscal year; and findings and recommendations for improvements. The report

shall be posted electronically on the general assembly and the secretary of state's websites as

prescribed in section 42-20-8.2 of the Rhode Island general laws. The director of the department

of administration shall be responsible for the enforcement of this provision.

45-22.3-3. Membership. -- (a) (1) The board consists of eleven (11) members to be

selected from the following categories: category "A" is comprised of residents of those

municipalities considered to be in the top one-third ( 1/3) population bracket; category "B" is

comprised of residents of those municipalities considered to be in the middle one-third ( 1/3)

population bracket; and category "C" is comprised of residents of those municipalities considered

to be in the lower one-third ( 1/3) population bracket for the state as determined by the most

recent decennial federal census available. The eleven (11) members of the board are appointed as

follows:

(2) Three (3) of the members are appointed by the governor, one of whom is selected

from each category, "A", "B", and "C", respectively. Three (3) members are appointed by the

speaker of the house of representatives, one of whom is selected from each category, "A", "B",

and "C", respectively. Three (3) members are appointed by the president of the senate, one of

whom is selected from each category "A", "B", and "C", respectively. One member is appointed

by the minority leader in the senate from category "A". One is appointed by the minority leader in

the house of representatives from category "B". All members of the board are selected from the

local elected and/or appointed officials of the various cities and towns. However, no person who

is a state employee, or elected or appointed official shall be appointed to the board, and no more

than one elected or appointed official from the same city or town may serve on the board. All

members selected shall have a reasonable knowledge of land use, planning, zoning, local

government, land conservation, and/or land development.

(a) The board shall consist of nine (9) members appointed by the governor with the

advice and consent of the senate, as follows:

(i) Three (3) members shall be municipal elected and/or appointed officials of

municipalities considered to be in the top one-third (1/3) population bracket as determined by the

most recent decennial federal census available; three (3) members shall be municipal elected

and/or appointed officials of municipalities considered to be in the middle one-third (1/3)

population bracket; and three (3) member shall be municipal elected and/or appointed officials of

municipalities considered to be in the lower one-third (1/3) population bracket;

(ii)_No state elected or appointed official and no state employee shall be eligible for

appointment to the board;

(iii) No more than one municipal elected or appointed official from the same city or town

may serve on the board at the same time; and

(iv) All members selected shall have a reasonable knowledge of land use, planning,

zoning, local government, land conservation, and/or land development.

(b) Those members of the board as of the effective date of this act who were appointed to

the board by the governor shall continue to serve for the duration of their current terms.

(c) Those members of the board as of the effective date of this act who were appointed to

the board by members of the general assembly shall cease to be members of the commission on

the effective date of this act, and the governor shall thereupon nominate six (6) new members,

two (2) of whom shall serve an initial term of one year, two (2) of whom shall serve an initial

term of two (2) years, and two (2) of whom shall serve an initial term of three (3) years.

(b) (d) The board shall elect a chair from among its members.

(e) Newly appointed and qualified members of the board shall, within six (6) months of

their qualification or designation, attend a training course that shall be developed with board

approval and conducted by the chair of the board and which shall include instruction in the

following areas: the provisions of chapters 45-22.3, 42-46, 36-14 and 38-2 and the board's own

rules and regulations. The director of the department of administration shall, within ninety (90)

days of the effective date of this section, prepare and disseminate training materials relating to the

provisions of chapters 42-46, 36-14 and 38-2.29.

45-22.3-4. Term. -- (a) Initial members of the board shall serve for a staggered term.

Three (3) members appointed by the governor for a one-year term; three (3) members appointed

by the president of the senate and the one member appointed by the senate minority leader for

two (2) years; three (3) members appointed by the speaker of the house of representatives; and the

one member appointed by the minority leader of the house of representatives for three (3) years.

A member may serve no more than two (2) consecutive three-year terms. A member shall serve

until his or her successor is appointed and qualified. A person may be appointed to fill a vacancy

and the person shall only serve for the unexpired term of the member whom he or she succeeded.

(b) Subsequent members (a) Except as expressly otherwise provided in subsection 45-

22.3-3(e) of this chapter, members of the board shall serve for staggered three (3) year terms.

(c) (b) A majority of the members of the board constitutes a quorum for the conduct of

all business by the board.

(c) Members of the commission shall be removable by the governor pursuant to section

36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reasons

unrelated to capacity or fitness for the office shall be unlawful.

SECTION 2. This act shall take effect upon passage.     

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LC01823

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