LA 070

2003 -- S 0929

Enacted 06/25/03

A N A C T

RELATING TO INCORPORATION OF THE DUNNS CORNERS FIRE DISTRICT

Introduced By: Senator Dennis L. Algiere

Date Introduced: March 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 10 and 11 of the act entitled “An Act to Incorporate the Dunns

Corners Fire District, and to Amend Contiguous Boundaries of said Fire District and the Westerly

Fire District and the Misquamicut Fire District,” passed at the January session, 1952, as amended,

are hereby amended to read as follows:

     Section 10. Board of engineers. – The chief, first assistant chief, second assistant chief

and third assistant chief shall constitute the board of engineers, whose duties collectively shall be

as follows:

(1) To meet on a regular basis to consider all expenses and claims and those that are

approved within the board of engineers budget shall be presented to the budget and finance

committee for approval, and then to the treasurer for payment. Each statement or claim shall bear

the signature of the chief or his/her nominee before being presented to the budget and finance

committee for payment.

(1) To meet on a regular basis to consider all expenses and claims and those that are

approved within the board of engineers budget shall be presented to the treasurer for payment.

Each statement or claim shall bear the signature of the chief or his nominee before being

presented to the treasurer for payment.

     (2) A majority of the members of the board of engineers, present at a fire, or in the event

that there is only one (1) member of the board of engineers present, may order such buildings to

be pulled down or blown up, as they shall judge necessary to stop the progress of a fire.

     (3) The board of engineers, acting on behalf of the Dunns Corners Fire District, shall

have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or

determine such causes. The Dunns Corners Fire District shall indemnify any elected officer for

damages, judgments, settlements, costs and expenses incurred in connection 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 being an officer of the Dunns Corners Fire District.

     (4) The owners of the greater part of the land within any area contiguous to the boundary

lines of the Dunns Corners Fire District, as herein set forth, or as may be extended from time to

time by operation of this section, may petition the board of engineers that the territory within

which they own land be admitted as part of the Dunns Corners Fire District. The board of

engineers shall consider the admission of the territory described in such petition and may require,

as a condition of such consideration, the payment to the treasurer of the Dunns Corners Fire

District, the sum equal to the cost of a survey of such additional territory and such plans and

reprints, as the board of engineers shall deem necessary. Upon approval of any such petition by

the board of engineers, the same shall be referred to the next annual meeting of the Dunns

Corners Fire District or the board of engineers shall call special meeting. Notice of the meeting of

the Dunns Corners Fire District at which the admission of territory is to be considered shall be

given in the manner hereinbefore provided but also shall make special mention that the

admission of territory is to be considered. Upon petition and approval by the board of engineers

and notice thereof given as aforesaid, at any meeting of the Dunns Corners Fire District, by

majority vote of the eligible voters present and voting, may accept or reject the admission of the

territory described in said petition. Upon certificate by the moderator, attested by the clerk, that

the meeting was duly called and held upon said petition and approval that it was voted to accept

such territory being filed with the secretary of state of the state of Rhode Island, said territory

shall be included within the boundaries of the Dunns Corners Fire District.

     (5) The board of engineers, at each annual meeting, shall make a written report to the

eligible voters of the Dunns Corners Fire District as to fire suppression and prevention in the

district.

     (6) The board of engineers may, from time to time, prescribe such reasonable district

rules, orders and regulations concerning health, safety, cleanliness, maintenance, training and the

protection of Dunns Corners Fire District property as they shall see fit.

     Section 11. Budget and finance committee. -- There shall be a committee of five (5)

qualified electors known as the budget and finance committee. The aforenamed committee is

authorized and enjoined to function in the following manner:

     (1) To prepare and recommend to the annual meeting the budget for the ensuing year. For

this purpose they may examine previous records of expenditures, call for recommendations from

the different officers, departments or agencies, and in general exercise supervision over the

financial affairs of the district in the interest of economy and efficiency, but said duties shall not

conflict with the duties of the treasurer.

     (2) Cause an audit to be made of all records annually and require that same be completed

in time to render report to annual meeting. For the purposes of this charter, the term “audit” shall

be defined as “the systematic inspection or review of the accounting and financial records of the

fire district which may include analyses, tests, and confirmations.”

     (3) Maintain an inventory of all property belonging to the district and report at the annual

meeting its findings of accuracy, care and maintenance. No property of the district may be

abandoned or sold without the authority of the district assembled in meeting.

     (4) No moneys shall be appropriated unless or until the budget and finance committee has

first been advised and its recommendation placed before the electors.

     (5) All budgetary requests shall be in the hands of the committee thirty (30) days prior to

meetings.

     (6) All requests for appropriations which are disapproved will be announced at meetings

together with a recommendation of disapproval.

     (7) Whenever a vacancy shall occur in the office of moderator, clerk, tax collector or

treasurer either through death, resignation or disability or removal for cause, the budget and

finance committee shall appoint an eligible voter of the district to serve in such capacity until the

next annual or special meeting.

     (8) The budget and finance committee shall have the authority to retain legal counsel at

an annual cost to be determined by the eligible voters of the Dunns Corners Fire District.

(9) To meet on a regular basis to consider all expenses and claims of the district

contained in the approved budget and claims and expenses approved by the board of engineers,

and authorize the payment of said expenses or claims and forward said approved expenses and

claims to the treasurer for payment.

     SECTION 2. This act shall take effect upon passage.

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LC02742

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