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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO TOWNS AND CITIES -- WARWICK PUBLIC SCHOOLS BUDGET

COMMISSION

     Introduced By: Representatives McNamara, Shekarchi, Solomon, Bennett, and Read

     Date Introduced: January 31, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 9.1

Warwick Public Schools Budget Commission

     45-9.1-1. Declaration of policy and legal standard.

     Pursuant to article XII of the Rhode Island constitution, it is the duty of the general

assembly to promote public schools, and to adopt all means which it may deem necessary and

proper to secure to the people the advantages and opportunities of education. It shall be the policy

of the state to provide a mechanism for the state to work with a city when its school district is

undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such

city and school district. The powers delegated by the general assembly in this chapter shall be

carried out having due regard for the needs of the citizens of the state and of the city of Warwick,

including the city's school district, and in such manner as will best preserve the education and

welfare of citizens of the state and the city of Warwick, including the city's school district, all to

the public benefit and good.

     45-9.1-2. Establishment.

     (a) There is hereby created the Warwick public schools budget commission (hereinafter

sometimes referred to as the "commission").

     (b) The Warwick public schools budget commission shall be subject to the provisions of

chapter 2 of title 38 ("access to public records"), chapter 14 of title 36 ("code of ethics"), and chapter

46 of title 42 ("open meetings").

     (c) Notwithstanding any other provision of law to the contrary, action by the Warwick

public schools budget commission under this chapter shall constitute action by the school district

for all purposes under the general laws, under any special law, and under the Warwick city charter.

References in this chapter to "school district" shall mean and include the Warwick school

committee, the Warwick school department, the Warwick school district and the Warwick local

education agency.

     45-9.1-3. Composition.

     The Warwick public schools budget commission shall consist of five (5) members: three

(3) of whom shall be designees of the mayor with the advice and consent of the city council; one

of whom shall be the designee of the Warwick superintendent of schools; and one of whom shall

be the designee of the chair of the Warwick school committee. One of the mayoral designees shall

serve as the chairperson by vote of the entire commission. No member of the commission shall be

an appointor or a Warwick elected official. Any vacancy that occurs in the commission membership

shall be filled in the same manner and process as which the person creating the vacancy was

appointed.

     45-9.1-4. Authority - Powers - Duties.

     (a) Subject to the provisions of § 45-9.1-6, during the term of the Warwick public schools

budget commission, no appropriations, allocations or expenditures for school purposes shall occur

unless approved by the commission, or in the case of an emergency, by the city finance director

only to the extent to cure such emergency. For purposes of the chapter, an emergency is defined as

a pressing need for public expenditure, for other than a regular or recurring requirement, in order

to protect the public health, safety, or welfare or otherwise avoid unnecessary cost and expense to

the city or the school district.

     (b) The Warwick public schools budget commission shall have the power to:

     (1) Amend, formulate, and execute the annual school budget;

     (2) Implement and maintain uniform budget guidelines and procedures for the school

system as a whole;

     (3) Amortize operational deficits in an amount as the city finance director approves and for

a term not longer than five (5) years;

     (4) Develop and maintain a uniform system for all financial planning for the Warwick

school district;

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     (5) Employ, retain, and supervise such managerial, professional, and clerical staff as are

necessary to carry out its responsibilities; provided, however, that such employment, retention and

supervisory decisions are subject to the approval of the city finance director;

     (6) Adopt rules and regulations governing the operation and administration of the school

district that permit the budget commission to effectively carry out its duties; and

     (7) Compel operational, financial performance, or forensic audits, or any other similar

assessments.

     (c) Within one hundred twenty (120) days of being appointed, the Warwick public schools

budget commission shall develop a three (3) year operating and capital financial plan to achieve

fiscal stability in the school district. The plan shall include a preliminary analysis of the school

district’s financial situation and the Warwick public schools budget commission’s initial

recommendations to immediately begin to address the operating and structural deficits.

     45-9.1-5. Expiration.

     The Warwick public schools budget commission shall cease to exist upon completion of

two (2) events as follows:

     (1) Approval of the FY 2025-2026 Warwick school budget as recommended by the mayor

and approved by the city council; and

     (2) Adoption of a deficit reduction plan by the commission as approved by the auditor

general.

     45-9.1-6. Exemptions.

     Nothing in this chapter shall authorize the Warwick public schools budget commission to:

     (1) Reject or alter any collective bargaining agreement or any obligations thereunder

including, but not limited to, payment of wages and benefits;

     (2) Eliminate or alter any rights or obligations, as provided in chapter 9.3 of title 28

("certified school teachers' arbitration") or 9.4 of title 28 ("municipal employees' arbitration")

including, but not limited to, the duty to bargain;

     (3) Hire or terminate school department personnel; or

     (4) Impact projects funded by bond proceeds or make any decisions related thereto,

including, but not limited to, construction of new high schools.

     45-9.1-7. Conflicts with other laws.

     Notwithstanding any general or special law to the contrary, unless otherwise specified, the

provisions of this chapter shall supersede and shall control over any conflicting or inconsistent

provisions of the Warwick city charter or ordinances, other laws, including general laws, special

laws, or local laws, or of any rule or regulation of the state or the city including, but not limited to,

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title 16 and any state rule or regulation promulgated thereunder.

     45-9.1-8. Liberal construction.

     This chapter, being necessary for the welfare of the state, the city of Warwick and their

inhabitants, shall be liberally construed in order to effectuate its purposes.

     45-9.1-9. Severability.

     The provisions of this chapter are severable, and if any of its provisions are held

unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of

the court shall not affect or impair any of the remaining provisions. In carrying out the purposes

and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional

requirements whether or not the steps are required by this chapter.

     45-9.1-10. Exemption from liability and prosecution.

     Notwithstanding any general or special law to the contrary, no budget commission member

or any managerial, professional or clerical staff hired, retained or employed by the budget

commission under this chapter shall have any civil liability for any actions taken or omitted in the

course of performing their official duties.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- WARWICK PUBLIC SCHOOLS BUDGET

COMMISSION

***

     This act would create a budget commission to oversee the Warwick schools district until

such time as the fiscal year 2025 - 2026 Warwick school budget is approved as recommended by

the mayor and approved by the city council, and the budget commission adopts a deficit reduction

plan approved by the auditor general.

     This act would take effect upon passage.

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