Chapter 221

2014 -- S 3029

Enacted 06/31/14

A N   A C T

RELATING TO AMENDMENTS TO THE CHARTER OF THE EXETER FIRE DISTRICT

Introduced By: Senator Catherine Cool Rumsey

Date Introduced: May 22, 2014

 

It is enacted by the General Assembly as follows:

 

SECTION 1. Section 1 of Chapters 434 and 524 of the 2004 Public Laws entitled "AN ACT CREATING THE EXETER FIRE DISTRICT", as amended by Chapter 456 of the 2007 Public Laws, are hereby further amended to read as follows:

SECTION 1. The Exeter Fire District is hereby incorporated in the manner and form as follows:

I. TITLE AND OBJECT

A. Title and Boundaries. The name of the district incorporated hereby shall be the "Exeter Fire District." The boundaries of the district shall be coextensive with those of the Ttown of Exeter, Rhode Island. Said district may have a common seal, sue and be sued,; impose taxes and fees,; purchase and own property of any description in furtherance of its objective; and enjoy the powers and immunities generally incident to a governmental corporation under the Rhode Island Ggeneral Llaws.

B. Objective. The objective of the Exeter Ffire Ddistrict shall be for the purpose of providing fire, rescue, and dispatch services within the Ffire Ddistrict and/or to provide operational funding for nonprofit fire, rescue, and dispatch companies in the district and thereby to provide for the protection and preservation of life and property in the Ttown of Exeter from damage and destruction by fire, accident, disaster, and other casualty, including the provision of emergency medical services.

II. QUALIFIED ELECTORS

The electors of the district qualified to vote in the Ttown of Exeter on propositions to impose a tax, fees, or for the expenditure of money shall be eligible to vote and act in all meetings of the district.

III. BOARD OF COMMISSIONERS

A. Membership. The Bboard of Ccommissioners shall consist of seven (7) qualified electors in the Ttown of Exeter selected as follows:

1. One Two (2) persons each appointed by the respective boards of each of the active volunteer fire and rescue companies in Exeter (totaling four (4) position appointments),. tThis provision shall become effective only on the expiration of the term of office of any existing Bboard of Ccommissioners member appointed by a rescue company and/or the Exeter Emergency Dispatch Center, Inc.;

2. One person appointed by the board of the Exeter Emergency Dispatch Center, Inc.; and

3 2. Three (3) person persons who are not active members of Exeter public safety organizations elected at the annual meeting of the district; provided, however, that the Ttown Ccouncil of the Town of Exeter shall initially fill these three (3) positions by appointment as follows: one for a term to expire at the district annual meeting in 2005,; one for a term to expire at the district annual meeting in 2006; and one for a term to expire at the district annual meeting in 2007. At the district annual meeting in 2005 and thereafter, the voters of the Ddistrict shall elect one person to serve as Ccommissioner for a term of three (3) years. Any qualified elector who wishes to run for Ccommissioner shall present a petition in support of his or her candidacy containing the signatures of twenty-five (25) qualified electors to the clerk of the Ddistrict not less than thirty (30) days before the annual meeting.

B. Term and Original Appointment.

1. The term of the elected members of the Bboard of Ccommissioners shall be three (3) years.

2. The term of the members of the Bboard of Ccommissioners appointed by the public service corporations shall be two (2) years; provided, however, that the initial term of the commissioners appointed by Exeter Volunteer Fire Company #2 and the Exeter Emergency Dispatch Center, Inc. shall be one year.

3. Each Ccommissioner shall serve until his or her replacement is elected or appointed and qualified.

C. Officers of the Board. At the Bboard meeting following each annual meeting, the Board shall elect a chair and vice-chair from among its membership for a term of one year. The chair and, in his absence, the vice-chair, shall preside at all meetings of the Bboard and shall conduct all meetings in accordance with Robert's Rules of Order (latest version). The Bboard of Ccommissioner shall appoint all committees and members thereto.

D. Quorum. A quorum shall be a majority of the members of the Bboard of Ccommissioners; provided, however, that in the absence of a quorum the members present may vote to continue the meeting to a specified date and time.

E. Duties of the Bboard of Ccommissioners. The Bboard of Ccommissioners shall generally supervise the operations of the district to accomplish the objectives specified above. Without limiting the generality of the foregoing.:

1. The Bboard of Ccommissioners shall meet on a regular basis to consider all matters related to the district.

2. The Bboard of Ccommissioners shall, thirty (30) days prior to the annual meeting, present to the clerk of the Ddistrict (a) a written report on the state of affairs of the district and (b) a proposed budget for the coming fiscal year, both of which shall be presented to the voters at the Annual Meeting.

3. Whenever a vacancy in the Bboard shall occur, the chair shall advise the entity that appointed such Ccommissioner of the vacancy and the entity shall appoint a qualified voter of the district to serve as Ccommissioner for the unexpired term. If an elected member of the Bboard shall resign or be otherwise unable to serve, the Bboard may appoint a Ccommissioner to serve until the next annual meeting at which time a Ccommissioner shall be elected to fill the unexpired term, if any.

4. The Bboard of Ccommissioners shall have the authority to provide fire, rescue, and dispatch services directly in the district; to hire, manage, and discipline employees,; to enter into employment contracts and/or collective bargaining agreements,; to purchase vehicles, equipment, and supplies,; to incur debt,; and take and do all such other ordinary and necessary activities and actions required for the Ffire Ddistrict to provide fire, rescue, and dispatch services within the Ffire Ddistrict, enter into contracts and leases for the purchase and sale of equipment and services necessary to provide proper operations of the district,; to sue and be sued in the course of this state,; to retain legal counsel, accountants, consultants, or any other professional services deemed necessary to be in the best interest of the district.

5. The district shall indemnify any Ccommissioner or officer for damages, judgments, settlements, costs, and expenses incurred with any action, suit, or appeal therefrom, arising out of an alleged or actual breach of duty, neglect, error, misstatement, or omission, or any other matter claimed against said person solely by reason of their his or her being a Ccommissioner or officer of the district.

6. In order of effectuate the purposes stated herein, the Bboard of Ccommissioners may hire and appoint the tax collector and/or the tax board of review in place in the Ttown of Exeter or, at its discretion, (i) hire a separate tax collector and/or (ii) establish a separate tax board of review for the district, which duties shall be outlined in the by-laws of said district.

7. The Bboard of Ccommissioners shall have the authority to provide fire protection, emergency services, and dispatching for the district.

IV. OFFICERS

The following shall be the officers of the district and shall be appointed by the Bboard of Ccommissioners annually at the first meeting following each annual meeting of the district: Cclerk, Ttreasurer, Ttax Ccollector and Mmoderator. The officers may, but need not be, members of the Bboard of Ccommissioners. Officers who are not members of the Bboard shall not be entitled to vote at board meetings.

A. Clerk. The clerk shall take minutes of all meetings and shall be held responsible for the maintenance of same. The clerk shall give notice of every annual meeting, special meeting or adjourned meeting and shall advertise the call of such meetings as provided herein. The clerk shall have such additional powers and exercise such additional duties as the by-laws by laws or the Bboard shall designate.

B. Treasurer. The treasurer, before discharging his or her duties, shall give bond to the Exeter Ffire Ddistrict in such sum as the Bboard of Ccommissioners may determine, which that will provided for the faithful discharge of the duties of office. Said bond shall be deposited with the clerk. The treasurer shall pay out and expend only those funds that are authorized to be expended by vote of the qualified voters of the Exeter Ffire Ddistrict in any meeting. The treasurer shall make a statement annually of all accounts, in writing, and show the sums received and paid during the previous fiscal year. The treasurer shall have the authority to hire such persons, subject to the limitations as hereinafter set forth,; to carry on the affairs of the Exeter Ffire Ddistrict; and shall also have the authority to invest any surplus funds in any interest bearing accounts as provided by law. The treasurer shall have such additional powers and exercise such additional duties as the by-laws by laws or the Bboard shall designate. The Bboard may appoint or designate a qualified elector as assistant treasurer, said person not to be a member of the Bboard 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 Bboard.

C. Tax Ccollector. The collector of taxes for the district shall, for the purposes of collecting taxes, have the same powers, duties, and authorities as are now by law conferred upon collectors of taxes for towns of this state. The tax collector shall pay over to the treasurer on the first business day of each month the total taxes collected during the previous month, or at more frequent intervals, at the option of the tax collector or the Bboard. The tax collector shall determine and assess all real and personal property, located within the boundaries of the Exeter Ffire Ddistrict, on December 31st of each year in the same amount as assessed by the Ttown of Exeter. The tax collector shall not assess any property exempt in whole or in part or knowingly omitted from taxation by the Ttown of Exeter. The date of collection shall be August 15th following said assessment or such other date as shall be determined at the annual meeting. Provided, however, in the event the tax roll of the Ttown of Exeter is not certified by June 15th of any year, the tax collector, on approval of the Bboard, shall have the authority to change the date of collection to a date not more than sixty (60) days from the date of said certificate of the tax roll by the Ttown of Exeter. The tax collector shall, after receipt of the list of assessments from the town of Exeter, produce a tax bill based on the tax rate approved by the qualified voters of the Exeter Ffire Ddistrict and further shall maintain records of all tax collections and delinquent charges and provide annual written reports thereof.

D. Moderator. The moderator shall preside at all annual and special meetings of the district in accordance with the authority granted to the town moderator by state law and the Ccharter of the Ttown of Exeter.

E. Removal. Officers shall serve at the pleasure of the Bboard and may be removed with or without cause by majority vote of the full Bboard.

V. BYLAWS

The qualified electors of the district may, upon recommendation of the Bboard, enact all bylaws by them adjudged necessary and expedient for carrying the provisions of this Ccharter into effect, provided that the same be not in violation or repugnant to this Ccharter or the laws of this state.

VI. TAXABLE PROPERTY

The term "taxable property of the district" shall mean and intend to include all real, tangible, and personal property located within the boundaries of the district, excluding motor vehicles and property exempt in whole or in part or knowingly omitted from taxation by the Ttown of Exeter.

VII. ANNUAL AND SPECIAL MEETINGS

A. Annual Mmeetings. There shall be an annual meeting of the district every year for the purpose of receiving the reports of the Bboard,; approving the budget,; ordering taxes and providing for assessing, levying, and collecting the same,; enacting bylaws; and transacting such other business or adopting such measures, consistent with this Ccharter, which the voters at said meeting shall deem beneficial to the district. The annual meeting shall be held on the second Wednesday of April in each year at such time and location, within or without the district, as the Bboard of Ccommissioners shall determine. The date of the annual meeting and requirements of the call of said meeting may be modified in the district bylaws.

B. Special Mmeetings. The district shall have a special meeting upon written application signed by twenty-five (25) or more qualified electors or at the direction of the Bboard. Written application for a special meeting and the notice thereof shall specify the business to be transacted at such meeting. Special meetings shall be called within fourteen (14) days from the date of delivery of said request to the clerk of the Ddistrict at such location and time as the Bboard of Ccommissioners shall determine and the business shall be limited to that provided in the notice of meeting.

C. Quorum. A quorum at the annual or any special meeting of the district shall be twenty-five (25) qualified electors. In the event that a quorum is not present at the time the meeting is scheduled to open, the moderator is authorized to continue the meeting to such time and date as in the discretion of the Bboard shall best serve the interests of the district.

D. Notice of Mmeetings. Unless otherwise specified in the district bylaws, notice of annual and special meetings shall follow the requirements of state law for notice of financial town meetings.

E. Powers of the Ddistrict Vvoters. In addition to the general powers specified above, the voters shall have the following powers exercisable at annual and special meetings:

The power to order such taxes, fees, and provide for the assessing, levying and collecting of same on the taxable inhabitants and property in said district as they shall deem necessary to provide proper operating funding for the district and all fire, rescue and dispatch services in the district and such taxes, so ordered, shall be assessed by the tax collector of said district on the taxable inhabitants and property therein according to the last valuation made by the assessor of the Ttown of Exeter as provided herein. The taxes assessed and payable in any one (1) year under the provisions of this section shall not exceed two dollars and fifty cents ($2.50) on each one thousand dollars ($1,000) of said valuation; provided further, however, the minimum charge for any district tax bill rendered shall be not less than twenty dollars ($20.00). The voters may provide such deduction from the tax assessed against any person if paid by an appointed time, or for such penalty by way of percentage on the tax if not paid at an appointed time, not exceeding the maximum rate allowed by law upon said unpaid tax.

F. Budget Ccap. (a) Each public safety organization shall endeavor to limit its individual annual budget request to an amount which that exceeds its appropriation for the prior fiscal year by no more than five and one-half percent (5.5%).

(b) In the event that any individual budget request (including the proposed fire district administrative budget) exceeds the respective prior years appropriation by more than five and one-half percent (5.5%), such request shall be voted on separately at the annual meeting and shall require a two-thirds (2/3) vote of the electors present for approval. Prior to any such vote, the moderator shall advise the electors by how much in percent and in dollars the request exceeds five and one-half percent (5.5%).

(c) In the event that an appropriation resolution which that exceeds the prior year’s appropriation by more than five and one-half percent (5.5%) is not approved by a two-thirds (2/3) vote, the moderator shall entertain substitute resolutions from the floor and, following discussion, shall put any such resolution to a vote until a substitute resolution receives the votes necessary for adoption by majority or a two-thirds (2/3) vote, as may be required.

(d) After all such requests which that exceed the prior year’s appropriation by more than five and one-half percent (5.5%) have been decided, the Mmoderator shall put the entire fire district budget to a vote of the electors present at the annual meeting. The fire district budget shall require a majority vote for approval.

G. Reserve Ffund. There shall be established by the Aannual Mmeeting a fund to be designated the Rreserve Ffund into which there may be transferred from time to time by vote of the Aannual Mmeeting the whole or any portion of the surplus funds which that the Ddistrict may have at the end of any fiscal year, or to which direct appropriations may be made, or which may be augmented by both means. The purpose of the Rreserve Ffund shall be to make moneys available for temporary borrowings in anticipation of taxes, and/or for capital expenditures, but for no other purpose. The Bboard of Ccommissioners may authorize borrowing from the Rreserve Ffund in anticipation of taxes within such limits as the Aannual Mmeeting shall set for each fiscal year. Moneys from the Rreserve Ffund may be used for capital expenditures only upon specific authorization of the Aannual Mmeeting. The Ttreasurer shall have the authority, with the approval of the Bboard of Ccommissioners, to make such prudent investments of moneys in the Rreserve Ffund as may seem appropriate.

VIII. DEBTS, BONDS, DEBENTURES AND REPAYMENT

A. The Exeter Ffire Ddistrict is hereby authorized to incur total debt not to exceed one (1) percent of the total assessed valuation of all taxable property within the boundaries of the Exeter Ffire Ddistrict as of the assessment last made.

B. The Exeter Ffire Ddistrict is hereby authorized to issue serial bonds or debentures, under its corporate seal and name. Said bonds or debentures shall be in denominations and shall bear interest and be upon such terms and conditions and shall be issued and sold by the Exeter Ffire Ddistrict in such manner and at such time as the qualified electors of the Exeter Ffire Ddistrict, by majority vote of those present and voting, may decide at any annual meeting, special meeting, or adjourned meeting, or in lieu thereof, the qualified electors, by majority vote of those present and voting, may authorize the board and treasurer to supervise the issuance of said bonds and debentures.

C. The chair or vice-chair of the Board and the treasurer shall sign all bonds or debentures on behalf of the Exeter Ffire Ddistrict.

D. The qualified voters at each annual meeting shall appropriate sufficient funds to meet the obligations of principal and interest incurred by the issuance of any such bonds or debentures.

IX. CHARTER REVISION

In the event that the Bboard or twenty-five (25) qualified electors shall by written petition request that this charter be revised or amended, then, and in that event, the Bboard shall appoint a committee to study such proposed amendments or revisions. Said committee shall report its findings to the Bboard which shall present any proposed amendments or revisions to the electors at a general or town-wide townwide special election. Any amendment or revision to this charter shall be contained in the warrant for the election at which it is to be voted upon. Upon approval of any amendment or revision by the qualified voters of the district, the same shall be referred to the Rhode Island Ggeneral Aassembly for enactment at the first available session.

X. FISCAL YEAR AND INTERIM FUNDING

The fiscal year of the district shall be from July 1, through June 30. The Ttown of Exeter shall provide interim funding to the fire, rescue, and dispatch companies until the district taxes are assessed and collected.

SECTION 2.  This act shall take effect upon passage.

========
LC005676
========