2012 -- S 2937 SUBSTITUTE A

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LC02248/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO THE CENTRAL COVENTRY FIRE DISTRICT

     Introduced By: Senators Kettle, Shibley, and Pinga

     Date Introduced: May 03, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 3, 5, 6 and 7 of Chapter 405 of the Public Laws, 2006, entitled,

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“AN ACT IN AMENDMENT OF THE INCORPORATION OF THE CENTRAL COVENTRY

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FIRE DISTRICT IN FURTHERANCE OF THE “CONSOLIDATION PLAN” OF THE

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CENTRAL COVENTRY FIRE DISTRICT, THE WASHINGTON LIGHTING DISTRICT, THE

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

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APPROVED BY THE QUALIFIED VOTERS OF SAID DISTRICTS, AT DULY CALLED

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MEETINGS HELD ON MARCH 28, 2006”are hereby amended to read as follows:

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     Sec. 3. FIRST CONSOLIDATED DISTRICT MEETING AND ANNUAL MEETINGS

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OF THE CONSOLIDATED FIRE DISTRICT.

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      (a) 2006 - First consolidated meeting:

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

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

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

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

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

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for the Consolidated District.

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     (b) Annual Meetings & Quorum:

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

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

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

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     Commencing in 2007 and continuing annually thereafter, the district shall hold an annual

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meeting in a public place on the second first Monday in September October, at 7:00 P.M. at such

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place within the District as the Board shall determine, for the purposes of: (1) electing a Board of

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Directors; (2) authorizing the assessment of all the taxable personal and real property of the

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District; (3) authorizing the collection of taxes, as further set forth in Section 6 hereunder; (4)

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authorizing an annual budget to provide for the purchase and maintenance of equipment,

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

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

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

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of the district.

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     (c) Call of the Meeting:

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     The Clerk of the District shall give notice of the annual meetings by causing a copy

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thereof to be posted at least twice in some newspaper distributed in Kent County, and posted in

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each fire station of the District not less than sixty (60) days prior to the meeting date.

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     The annual meeting and all other meetings of the District shall be held in a public place,

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which shall be accessible to the handicapped, pursuant to the requirements of the Rhode Island

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Constitution, Article 1 & 2 and applicable federal and state non-discrimination laws.

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

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QUALIFICATIONS

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

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

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

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

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

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

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

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

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

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

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

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     (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

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

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annual meeting and every third year thereafter.

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

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

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

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

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

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District.

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

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to stand for election and the office to which each person seeks election in at least eight (8) public

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places within the district, including all actively used District stations, at least twenty (20) days

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prior to the annual meeting or any other special meeting called for the election of officers.

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

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

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     (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

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

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fill the vacancy for a period of up to sixty (60) days until the next annual meeting.

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

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annual meeting an election will be held the president shall call a special meeting of the District

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for the purpose of electing a qualified elector to fill the office vacated for the remainder of the

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original term of office. Said special meeting shall be held within sixty-five (65) days from the

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date such original vacancy occurs.

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     Sec. 6 DUTIES OF THE BOARD OF DIRECTORS

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

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

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the bond of the Treasurer and the Tax Collector; (2) Order payment of the district’s bills and

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indebtedness; (3) Be in charge of and supervise the care of the district’s properties; (4) Cause

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district property to be insured; (5) Upon the recommendation of the Fire Chief, purchase Purchase

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equipment, property and apparatus and sell obsolete, decommissioned or surplus equipment,

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property and apparatus as required by the District’s needs and budget; (6) Appoint an

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Administrative Fire Chief, Tax Collector and Treasurer and other employees. No less than one

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half (1/2) of the members of the Board of Directors shall constitute a quorum at any meeting of

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the Board.

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

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have all necessary authority to operate and conduct the business of the District as necessary, all

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within the bounds of the laws of the State of Rhode Island. The Board of Directors shall have the

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power to appoint and/or employ a tax assessor, tax collector, treasurer, clerk, and other

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committees and/or positions deemed necessary for the efficient operation of the District.

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

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

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36 of the Rhode Island General Laws.

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

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moderator; in his/her absence the vice president shall serve as moderator; in the absence of both,

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a temporary moderator may be elected by a majority of voters present and voting.

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

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fire district.

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     Sec. 7. TAXING AUTHORITY - TAX ASSESSOR

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

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

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

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

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

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

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

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and employees., as well as the members of the rescue unit known as Central Coventry Rescue.

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And such taxes, so ordered, shall be assessed by the assessors of said district on the taxable

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inhabitants and property therein according to the last valuation made by the assessors of the town

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of Coventry next previous to said assessment, adding, however, any taxable property which may

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have been omitted by said town assessors or afterwards acquired; and in assessing and collecting

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said taxes such proceedings shall be had by the officers of said district, as near as may be, as are

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required to be had by the corresponding officers of towns in assessing and collecting taxes.

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

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

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rescue unit to be known as the Central Coventry Rescue.

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     (c) TAX ASSESSOR

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

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who shall be appointed or employed by the District. The tax assessor shall levy and assess taxes

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at such rate as the district shall vote, on all taxable real and personal property in the district and

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shall prepare and deposit the tax list with the tax collector and treasurer of the district; said board

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shall assess property on the basis of the last valuation made by the assessors of the Town of

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Coventry next previous to said assessment.

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     SECTION 2. This act shall take effect upon passage.

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LC02248/SUB A

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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 make a number of changes to the charter of the Central Coventry Fire

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District.

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     This act would take effect upon passage.

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LC02248/SUB A

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