2013 -- H 6311

=======

LC02907

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO THE CONSOLIDATION OF THE CUMBERLAND, NORTH

CUMBERLAND, CUMBERLAND HILL, AND VALLEY FALLS FIRE DISTRICTS INTO

THE UNIFIED CUMBERLAND FIRE DISTRICT

     Introduced By: Representatives McLaughlin, Phillips, and MacBeth

     Date Introduced: June 27, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. The Cumberland, North Cumberland, Cumberland Hill, and Valley Falls

1-2

Fire Districts are hereby merged and consolidated into the Unified Cumberland Fire District in

1-3

the manner and form as follows:

1-4

     Section 1. Name And Jurisdiction

1-5

     This consolidated fire district shall be known as the Unified Cumberland Fire District and

1-6

shall have jurisdiction over the entire town of Cumberland. The Unified Cumberland Fire District

1-7

shall acquire the property, assets and personnel of the Cumberland, North Cumberland,

1-8

Cumberland Hill, and Valley Falls Fire Districts. The action of consolidating the existing districts

1-9

into one independent district is done so in accordance with a referendum approved by the

1-10

qualified voters of the Town of Cumberland by a vote of 10,033 in favor and 2,544 opposed

1-11

which took place on November 2, 2010 and by a resolution adopted by the Cumberland Town

1-12

Council on May 1, 2013.

1-13

     Section 2. Electors

1-14

     All qualified electors of the town of Cumberland, eighteen (18) years of age or older,

1-15

shall be members of the distinct and independent entity known as the "Unified Cumberland Fire

1-16

District."

1-17

     Section 3. Governing Body

1-18

     The governing body of the consolidated Unified Cumberland Fire District shall be a Fire

1-19

Board. Beginning no later than November of 2014, with the regularly scheduled general election,

2-1

seven (7) members, who must be qualified electors of the Town of Cumberland, shall be elected

2-2

to the Fire Board. Each of the five (5) council districts shall elect one member, with two (2)

2-3

members being elected from the town at large. It shall be a non-partisan election for a two (2)

2-4

year term. The winning candidates shall be sworn in immediately after the election results are

2-5

certified. Any vacancy in the membership of the Fire Board shall be filled by written ballot of a

2-6

majority of all the members of the Unified Cumberland Fire District for the remainder of the term

2-7

of office, provided that the person selected to fill said vacancy shall be a qualified elector from

2-8

that district. A vacancy in said membership of the Board shall occur if a member dies, resigns

2-9

from office, ceases to be a resident and/or elector of the district in which elected, or shall be

2-10

absent for four (4) consecutive regular meetings or six (6) regular meetings within a twelve (12)

2-11

month period unless said absence(s) are excused by a majority vote of the whole Board. Any and

2-12

all elections, provided for under this act, shall be administered by the state board of elections and

2-13

the town of Cumberland board of canvassers.

2-14

     Section 4. Bylaws

2-15

     The Board shall adopt bylaws they deem necessary and expedient for carrying out the

2-16

provisions of this act, provided that they are not in violation of or repugnant to the laws of this

2-17

state. The Board may change any provision of the bylaws at any regular or special meeting,

2-18

provided the proposed change has been noticed on the agenda of the meeting.

2-19

     Section 5. Authorization To Borrow Funds

2-20

     The Unified Cumberland Fire District is hereby authorized and empowered to borrow

2-21

from time to time such sums of money as may be necessary, provided, however, that no bonded

2-22

indebtedness may be incurred pledging the credit of the District in excess of one hundred

2-23

thousand dollars ($100,000) total in any one fiscal year unless approved by a majority of the

2-24

electors voting thereon at a general or special election; provided however, that this limit shall not

2-25

apply to borrowing in anticipation of tax receipts, or receipts of federal or state grant monies, up

2-26

to the limits set therefore and under the conditions specified in state law. At no time shall the

2-27

accumulated debt of the district exceed one half of its' annual operating budget.

2-28

     Section 6. Preservation of Rights under Existing Labor Contracts

2-29

     In accordance with the provisions of Section 19.1 of Chapter 7, Title 28 of the Rhode

2-30

Island General Laws, this act of consolidation shall not impair the provisions of any existing labor

2-31

contracts for persons employed by any of the individual fire districts. Notwithstanding this

2-32

consolidation, the labor contracts shall continue in full force and effect until their termination

2-33

dates or until otherwise agreed by the parties or their legal successors.

3-34

     All employees of the Cumberland, Cumberland Hill, North Cumberland and Valley Falls

3-35

Fire Districts who are so employed by said districts as of the date of the enactment of this Act,

3-36

shall become employees of the Unified Cumberland Fire District, and shall retain all accumulated

3-37

rank, benefits and other rights of employment as existed with the several districts without any

3-38

action by the Board of the Unified Cumberland Fire District. Nothing contained herein shall

3-39

prevent the Board from reducing or eliminating non-contractual positions or appointing a

3-40

Unified Cumberland Fire District chief.

3-41

     The Collective Bargaining Agreements and all other binding commitments and

3-42

agreements entered into between the Cumberland, Cumberland Hill, North Cumberland and

3-43

Valley Falls Fire Districts and the Cumberland (IAFF Local 4114), Cumberland Hill (IAFF Local

3-44

2762), North Cumberland (IAFF Local 2722) and Valley Falls (IAFF Local 2729) Fire Fighters

3-45

Associations, and any retired members, in effect on the date of enactment of this Act, shall

3-46

remain in full force and effect and shall be treated from that point forward as entered into

3-47

between the Unified Cumberland Fire District and the Cumberland (IAFF Local 4114),

3-48

Cumberland Hill (IAFF Local 2762), North Cumberland (IAFF Local 2722) and Valley Falls

3-49

(IAFF Local 2729) Fire Fighters Associations.

3-50

     Section 7. Taxes and Tax Collector

3-51

     The Board shall have power to impose taxes, and provide for assessing and collecting the

3-52

same, on the taxable inhabitants or property in said district, as they shall deem necessary for

3-53

purchasing and procuring real estate, and buildings, implements, apparatus and other equipment,

3-54

and for the payment of the current expenses of said district, the payment of such fire force as they

3-55

may deem necessary for the protection of the inhabitants of said district from fires and for the

3-56

preservation of the public peace therein and also for the payment of any indebtedness that has

3-57

been or may be incurred by said district. The Board and the District shall be subject to, and bound

3-58

by, Section 44-5-2 ("maximum levy") of the general laws as if they were a city or town. For the

3-59

fiscal tax year immediately following the election of the Fire Board in November, 2014, none of

3-60

the former fire districts individually, specifically Cumberland, Cumberland Hill, Valley Falls and

3-61

North Cumberland shall have the fire tax levy exceed the maximum levy subject to Rhode Island

3-62

Generals Law section 44-5-2. Such taxes so ordered shall be assessed by the assessors of said

3-63

district on the taxable inhabitants or property therein according to the last valuation made by the

3-64

assessor of the town next previous to said assessment, adding, however, any taxable property

3-65

which may have been omitted by said town assessors or which may have been since acquired. In

3-66

the assessing and collecting of said taxes such proceedings shall be had by the officers of said

3-67

district as near as may be, as are required to be had by the corresponding officers of towns in this

3-68

state in assessing and collecting town taxes. The collector of taxes for the town, by a mutual

4-1

agreement between the District and the Town Council of the Town of Cumberland, may provide

4-2

assistance in the collection of the taxes for said district, including, but not limited to, arranging

4-3

for the fire tax bill to appear on the same bill as the town tax bill. Any and all funds collected by

4-4

the Town on behalf of the Unified Cumberland Fire District shall be immediately transferred to a

4-5

restricted account to be held under the exclusive use and control by the Unified Cumberland Fire

4-6

District. All funds and any interest thereon shall remain solely for the exclusive use and control

4-7

of the Unified Cumberland Fire District. The collector of taxes for said district shall, for the

4-8

purpose of collecting taxes assessed for said district, have the same powers and authorities as are

4-9

now by law conferred upon collectors of taxes for the towns in this state. Said district may

4-10

provide for such deduction from the tax assessed against any person if paid by an appointed time

4-11

or for such penalty by way of percentage on the tax if not paid at an appointed time, as they shall

4-12

deem necessary to insure punctual payments. Taxes assessed against any person by the Unified

4-13

Cumberland Fire District for either personal property or real estate shall constitute a lien on the

4-14

real estate. The lien shall arise and attach as of the date of assessment of the taxes, as defined in

4-15

section 44-5-1. The lien shall be superior to any other lien, encumbrance or interest in the real

4-16

estate, whether by way of mortgage, attachment, or otherwise, except easements and restrictions.

4-17

Every deed or mortgage presented for recording in connection with property located in the

4-18

Unified District shall be accompanied by a certificate issued by the Unified Cumberland Fire

4-19

District stating that all outstanding taxes assessed against the property by the Unified Cumberland

4-20

Fire District have been paid.

4-21

     Section 8. Corporate Status

4-22

     This newly consolidated Unified Cumberland Fire District shall have the right to enter

4-23

into contracts, to sue and to be sued, and to perform all the functions of a corporation and shall

4-24

have all general corporate powers permitted by law in accordance with Rhode Island General

4-25

Law section 7-1.1-4, as amended.

4-26

     The Unified Cumberland Fire District shall possess all the rights, privileges, immunities,

4-27

and franchises, as well of a public or of a private nature, of the Cumberland, North Cumberland,

4-28

Cumberland Hill, and Valley Falls Fire Districts; and all property, real, personal and mixed, and

4-29

all debts due on whatever account, including outstanding taxes, and all other causes in action, and

4-30

all and every other interest of or belonging to or due to the Cumberland, North Cumberland,

4-31

Cumberland Hill, and Valley Falls Fire Districts (herein consolidated), shall be taken and deemed

4-32

to be transferred to and vested in the Unified Cumberland Fire Districts without further act or

4-33

deed; and the title to any real estate, or any interest therein, vested in the Cumberland, North

4-34

Cumberland, Cumberland Hill, and Valley Falls Fire Districts shall not revert or be in any way

5-1

impaired by reason of this consolidation.

5-2

     Section 9. Management

5-3

     The management of the Cumberland, North Cumberland, Cumberland Hill, and Valley

5-4

Falls Fire Districts shall be assumed by the Cumberland Fire Board. The Board shall assume and

5-5

have all the powers and duties of the Board of Fire Commissioners for each of the four (4)

5-6

existing fire districts and to the extent that this contravenes the existing public laws relating to

5-7

each of the four (4) existing fire districts, this act shall control and supersede said prior acts.

5-8

     During the first year, following the election of the Board, in November, 2014, the Board

5-9

shall manage and oversee the four (4) existing budgets of each of the consolidated fire districts,

5-10

provided, however, that during the budget cycle for the fiscal year beginning on July 1, 2015, the

5-11

Board shall adopt one budget and one tax rate for the unified district. In all subsequent fiscal

5-12

years the Board shall have the power to adopt an annual operating budget.

5-13

     The Board shall make provision for no less than two (2) public hearings thereon, to be

5-14

held on separate days, and to be concluded no later than the second Monday in June. Notice of

5-15

said hearings shall be advertised on at least two (2) separate days in a newspaper or newspapers

5-16

of general circulation in the Town, the final such advertisement to appear no less than five (5)

5-17

days prior to the first hearing date. In adopting the final budget, the Board shall take two (2)

5-18

separate votes thereon, the second of which shall be taken no less than forty-eight (48) hours

5-19

following the first. The Board shall have completed action on the final budget no later than the

5-20

third Monday in June. Any amendment proposed to the annual budget following its adoption shall

5-21

specify the source of any funds sought to be appropriated over and above the total in the budget

5-22

as originally adopted, and shall be considered by the Board under the following procedure: A

5-23

budget amendment showing the proposed changes in the affected line items shall be presented to

5-24

the Board and shall be referred to a subsequent regular or special meeting for action on its

5-25

adoption. The Board shall make provision for two (2) public hearings thereon, to be held on

5-26

separate days. The second such hearing may be on the date the Board shall consider adoption of

5-27

the budget amendment. Notice of the said hearings shall be advertised on at least two (2) separate

5-28

days in a newspaper or newspapers of general circulation in the Town, the final such

5-29

advertisement to appear no less than ten (10) days prior to the first hearing date. The Board shall

5-30

also cause to be published in a newspaper or newspapers of general circulation in the Town a

5-31

summary of major expenditure and revenue categories appearing in the budget amendment,

5-32

compared to current authorized expenditures and revenues, said publication is to appear no less

5-33

than ten (10) days prior to the first public hearing.

6-34

     Any item or items in the District budget as finally adopted are subject to referendum of

6-35

the electors of the District in the following manner:

6-36

     (a) Any elector of the District may circulate a petition for the holding of a referendum on

6-37

such item or items of authorized expenditure provided for in the budget as shall be specifically

6-38

identified in said petition together with the proposed amount of increase or decrease thereof. Such

6-39

petition may call for the elimination of an item of expenditure in its entirety, or the insertion of a

6-40

new item. Any such petition must be filed with the Town Clerk no later than fourteen (14)

6-41

calendar days following the final adoption of the budget.

6-42

     (b) The Town Clerk shall transmit any such petition received by him or her to the

6-43

Canvassing Authority which shall verify the signatures thereon forthwith. If the petition is

6-44

certified by the Canvassers to contain the valid signatures of at least four percent (4%) of the

6-45

electors registered in the Town, the certified petition shall be returned to the Town Clerk.

6-46

     (c) Upon receipt of such certification from the Canvassing Authority, the Town Clerk

6-47

shall set a date for the holding of a referendum by the electors of the Town on the items specified

6-48

in the petition, such referendum to take place no later than the third Tuesday following receipt of

6-49

such certification.

6-50

     (d) Upon the certification of any such petition for a referendum by the Canvassing

6-51

Authority pursuant to subparagraph (b) of this Section, if such petition calls for the reduction or

6-52

elimination of an item or items in the budget as approved, no expenditures shall be made from

6-53

said item or items, nor shall any of the funds therefrom be obligated, until the referendum thereon

6-54

has been held and the issue resolved; provided, however, that the Board may continue to spend

6-55

and/or obligate funds until the referendum is held and the issue resolved, so long as the rate of

6-56

expenditure and/or obligation does not exceed that of the previous year during the same period of

6-57

time.

6-58

     Immediately following the swearing in of the members of the Fire Board elected in the

6-59

November 2014 general election, any and all funds acquired by the Unified Cumberland Fire

6-60

District hereunder which at the time of the passage of this Act are held by the Cumberland, North

6-61

Cumberland, Cumberland Hill, and Valley Falls Fire Districts in accounts restricted by prior voter

6-62

approval, testamentary bequest or state law (including, but not limited to, the Rhode Island

6-63

Development Impact Fee Act, R.I.G.L. §45-22.4-1 et seq.) shall be held, used or applied, spent,

6-64

expended and administered by the Unified Cumberland Fire District in accordance with the

6-65

restrictions imposed thereon until the funds have been exhausted.

6-66

     Section 10. Existing Boards of Commissioners

6-67

     The existing boards of commissioners for the Cumberland, North Cumberland,

6-68

Cumberland Hill, and Valley Falls Fire Districts as created by the General Assembly shall be

7-1

dissolved, upon the swearing in of the Unified Cumberland Fire Board, and all of their powers

7-2

and duties shall pass to the Unified Cumberland Fire Board not inconsistent with this act. No

7-3

labor contracts shall be entered into or extended beyond June 30, 2015, until the swearing in of

7-4

the newly elected Fire Board. The existing boards of commissioners for the Cumberland, North

7-5

Cumberland, Cumberland Hill, and Valley Falls Fire Districts shall not approve or adopt a budget

7-6

that extends beyond June 30, 2015.

7-7

     The existing boards of commissioners for the Cumberland, North Cumberland,

7-8

Cumberland Hill, and Valley Falls Fire Districts are hereby empowered and authorized to appoint

7-9

a transitional committee to assist in the transition to a consolidated fire district. This transitional

7-10

committee shall consist of eight (8) members, of which each of the existing four (4) fire

7-11

commissioners shall appoint two (2) members from each district to serve on said committee. Said

7-12

transitional committee may make recommendations to the four (4) existing boards of fire

7-13

commissioners and upon unanimous consent of the four (4) board of commissioners may be

7-14

empowered by resolution of each of existing boards of commissioners to act on their behalf on

7-15

matters relating to this consolidation.

7-16

     SECTION 2. Sections 2, 3 and 10 of Section 1 and Sections 2 of this act shall take effect

7-17

upon passage. The remaining sections of this act shall take effect upon the election of the

7-18

Cumberland Fire Board. Should any part of this act contravene or be inconsistent with any terms

7-19

or provisions of the Public Laws which created and/or amended the charters of the Cumberland,

7-20

North Cumberland, Cumberland Hill, and Valley Falls Fire Districts, the provisions of this act

7-21

shall control.

=======

LC02907

=======