CHAPTER 112

96-H 9206A

Effective Without the Governor's Signature

Aug. 2, 1996.

AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 55 OF THE PUBLIC LAWS, 1958, ENTITLED "AN ACT AUTHORIZING THE TOWNS OF CHARLESTOWN AND RICHMOND TOGETHER, OR TOGETHER WITH THE TOWN OF HOPKINTON, TO JOIN A REGIONAL HIGH SCHOOL DISTRICT INCORPORATING SAID REGIONAL HIGH SCHOOL DISTRICT AND PROVIDING FOR THE ISSUANCE OF BONDS, CONSTRUCTION AND OPERATION OF A REGIONAL HIGH SCHOOL FOR THE JOINT USE OF THE PARTICIPATING TOWNS, WITHIN SAID REGIONAL HIGH SCHOOL DISTRICT ESTABLISHED
BY THIS ACT" AS AMENDED

It is enacted by the General Assembly as follows:

SECTION 1. The title of chapter 55 of the public laws of 1958 entitled "AN ACT AUTHORIZING THE TOWNS OF CHARLESTOWN AND RICHMOND TOGETHER, OR TOGETHER WITH THE TOWNS OF HOPKINTON, TO JOIN A REGIONAL HIGH SCHOOL DISTRICT, INCORPORATING SAID REGIONAL HIGH SCHOOL DISTRICT, AND PROVIDING FOR THE ISSUANCE OF BONDS, CONSTRUCTION AND OPERATION OF A REGIONAL HIGH SCHOOL FOR THE JOINT USE OF THE PARTICIPATING TOWNS, WITHIN SAID REGIONAL HIGH SCHOOL DISTRICT ESTABLISHED
BY THIS ACT," as amended, is hereby further amended and shall hereafter be cited as follows:

"AN ACT AUTHORIZING THE TOWNS OF CHARLESTOWN, RICHMOND AND HOPKINTON, TO JOIN A REGIONAL SCHOOL DISTRICT, INCORPORATING SAID REGIONAL SCHOOL DISTRICT, AND PROVIDING FOR THE OPERATION OF A REGIONAL SCHOOL SYSTEM FOR THE JOINT USE OF THE PARTICIPATING TOWNS, WITHIN SAID REGIONAL SCHOOL DISTRICT ESTABLISHED
BY THIS ACT."

SECTION 2. Sections 1, 10, 12 and 19 of chapter 55 of the public laws, 1958 entitled "An act authorizing the towns of Charlestown and Richmond together or together with the town of Hopkinton, to join a regional high school district, incorporating said regional high school district, and providing for the issuance of bonds, construction and operation of a regional high school for the joint use of the participating towns, within said regional high school district established by this act," as amended are hereby further amended to read as follows:

Sec. 1. There shall be held in each of the towns of Charlestown, Richmond, and Hopkinton, within seventy (70) {ADD one hundred twenty (120) ADD} days after the adoption of this act, a special election at which the electors of said towns qualified to vote upon a proposition to impose a tax or for the expenditure of money shall be qualified to vote and called upon to vote upon a question submitted in substantially the following form: "Shall an act passed at the January, 1986 session of the General Assembly amending Public Laws, 1958, Chapter 55 as amended and authorizing the Towns of Charlestown, Richmond and Hopkinton to join in a regional school district, kindergarten through grade 12, and providing for the issuance of bonds in the amount of not more than 12.9 million dollars, construction of a middle school, and renovations to its existing high school be approved?" {ADD "Shall an act passed at the January, 1996 session of the General Assembly amending Public Laws, 1958, Chapter 55 as amended and amending the number of members of the school committee, the selection of school committee chairperson and vice chairperson, the determination of a quorum at any meeting of the school committee, and the establishment of a regional school district building committee, be approved?" ADD}

For the purpose of holding such special election on said question there shall be issued in each town a warning such as that which is prescribed by law for the calling of a special financial town meeting which shall contain notice of the proposal to accept this act, and shall state the day, the place, and the laws for casting ballots upon the said question. On the date set for the special election by the Town Council of the respective towns there shall be established in each said town at least one (1) polling place and each such polling place shall be open for the casting of ballots on the question from nine A.M. (9:00) until nine P.M. (9:00). The town clerk of each town shall forthwith after each such special election in the respective towns notify the secretary of state of the results of said special election and the requirement that the voting list be posted at least twenty (20) days before the election shall not be applicable; and the requirement that the local board, as defined in section 17-8-1 of the general laws, shall be in its office for the purpose of receiving registration of voters between the sixty-third and sixtieth day preceding the election shall not be applicable.

Sec. 10. (1)(a) There shall be a regional school committee for said district consisting of eleven (11) {ADD nine (9) members ADD} , each member town shall be represented on the committee in direct proportion to its population as determined by the most recent population census figures. The total population of the district shall then be divided by eleven (11) {ADD nine (9) ADD} and the resulting quotients thus obtained shall be used as the basis for determining the proportionate representation of each said member town on said committee, and realizing that the mathematical divisions of said formula will not obtain absolute evenness, fractions of .5 or more shall be construed as 1 point and fractions less than .5 shall be construed as 0. Subject to limitations aforesaid, the members of said committee from each of the member towns to be elected or appointed for terms hereinafter set forth shall be determined as of the time of each bi-annual election and {ADD in ADD} each of the said member towns, based upon the census aforesaid. The first such regional school committee shall be elected in the general election in November, 1988 {ADD 2000 ADD} . In the general election 1988 {ADD in 2000 ADD} each town {ADD electing two (2) members of the school committee shall elect one (1) member to serve a term of four (4) years and one (1) member to serve a term of two (2) years. A town ADD} electing three (3) members of the school committee shall elect two (2) members to serve a term of four (4) years and one (1) member to serve a term of two (2) years. A town electing more than three (3) representatives shall elect three (3) members for a term of two (2) years and additional members for a term of four (4) years. Thereafter members shall be elected for a term of four (4) years. Until such time as those elected in that election shall be certified and qualified, the existing Chariho Regional High School District Committee shall serve as the Regional School Committee. In the event of any vacancy by death, resignation or incapacity to serve of any term of any member of said regional school district committee, the town council of the member town in which such vacancy occurs shall fill such vacancy by election by a majority vote of the town council of said town for the unexpired term of the member whose office is thus vacated.

(1)(b) Since the United States Census bureau of the census conducts on a decennial basis and in view of the fact that any of the Chariho towns may incur rapid shifts in population which could effect the composition of the Chariho School committee, there may be agreement among the town councils to provide for a census on a five (5) year basis beginning in 1995. A census of the towns taken in 1987 will be used as the basis for school committee composition until the 1990 United States bureau of census data is provided. The cost of the 1987 census will be borne by each town in proportion to its population. Any town objecting to the use of the United States census material may require the making of an actual census in time for the first general election after 1995 {ADD 1996 ADD} . The cost of such a census shall be borne equally by the three (3) towns and shall not constitute a reimbursable education expense; provided further that in the event that such an actual census does not result in a count materially different from the numbers contained in material compiled by the United States Bureau of the Census, then the cost of the actual census, shall be borne by the town or towns objecting to the use of such bureau of the census material.

(2) Within ten (10) days after the election and certification of the members of the regional school district committee, said regional school district committee shall meet and organize by selecting, {ADD by majority vote, ADD} one (1) of their number to be chairperson of said committee{ADD , and one (1) of their number to be vice chairperson of said committee. ADD} The {ADD current ADD} chairperson {ADD and vice chairperson, if any, serving in such offices at the effective date of this act ADD} chosen at the first organized meeting shall {ADD continue to ADD} serve in such office{ADD s ADD} until the first meeting of said committee following the qualification of new members elected to the regional school district committee at the general election of 1988 {ADD 1996 ADD} . At such first meeting of the said committee following the election and qualification of new members, the committee shall, {ADD by majority vote, ADD} elect a chairperson {ADD and a vice chairperson ADD} and elect such other officers and {ADD as ADD} are herein or hereafter authorized and each two (2) years thereafter at such first meeting following a general election at which school committee members are elected, the regional school district committee shall {ADD similarly ADD} organize and elect or appoint such officers. A person may not succeed himself/herself in the office of chairperson unless no other member of the committee is willing to serve as chairperson and at such organizational meetings the chairmanship shall first be offered to a committee member from a town other than the town one of the members of which last served as chairperson in an order of rotation to be agreed upon at the first organization meeting of the said committee which shall provide that each member town shall have the opportunity of having one of its members serve as chairperson in a fixed order of selection. In the event that no member from one of the member towns which is entitled to the chairmanship at an organization meeting is willing to serve as chairperson, this election shall pass to the next such member town so entitled under said agreement and so on until a chairperson is selected who is going to serve. {ADD The chairperson and vice chairperson of said committee must be members from different towns. ADD} The said committee shall also appoint a clerk and a treasurer of said committee who shall also be a clerk and treasurer of the said district and the district meetings and the said clerk and treasurer may be the same individual and need not be a member or members of said committee.

(3) Said regional school committee shall have all the powers and duties conferred by law in this state upon school committees of towns, generally, including but not limited to the following:

(a) To apply for and receive, accept and use any town, state or federal funds or assistance, or both, as may be provided, whether in the form of a grant or a loan or both, including specifically such funds or assistance from state or federal sources as the member towns would otherwise be entitled to apply for and receive from such sources in the event that the said regional school district did not exist but to the use of which such member towns might be individually excluded by reason of the existence of said district.

(b) To publish an annual report thirty (30) days prior to the annual district meeting containing a detailed financial statement showing the total receipts and expenditures of the period covered by the report together with such additional material and information relating to the maintenance and operation of the school or schools as may be deemed necessary by the regional school committee.

(c) To receive and disburse funds for any regional school district purpose.

(d) To engage legal counsel.

(e) To engage and employ a superintendent of schools for the regional school district, who may also be a principal or a regional school or schools, on a contractual basis for either a definite or indefinite term as the regional high school committee shall determine. The person so employed shall have all the powers and duties imposed upon a superintendent of schools by law.

(f) Said committee shall annually cause an audit to be made of the accounts of said district, and on completion of each audit a report thereof shall be made to the members of said committee and a copy thereof shall be submitted to the next regional school district meeting.

(g) Compensation for members of the said committee and/or clerk and treasurer thereof shall be determined at and by the regional school district meeting as a part of the consideration and action taken at said meeting in respect to operating costs and expenses of the said district.

(h) The regional school district treasurer shall furnish a surety bond in an amount to be determined annually by the said committee. The expense of said bond shall be chargeable to the said district.

{ADD (4) A majority of the members of the school committee shall constitute a quorum for the conducting of any business or the taking of any action at any meeting of the school committee. ADD}

Sec. 12. (1) There shall be an unpaid regional school district finance committee consisting of the district treasurer, the town treasurers of each of the member towns, three (3) members of the regional district school committee, one (1) from each town appointed by the school committee, and three (3) financially knowledgeable residents eligible to vote in regional school district meetings, one (1) from each of the member towns to be appointed by the respective town councils. This committee will advise and make recommendations to the regional district school
Committee on all fiscal considerations including, but not limited to, budget, long-range fiscal planning, development of a maintenance fund and investment of funds received by the regional district school committee in a manner so as to insure the retirement of construction renovation bonds in the shortest possible time.

(2) {ADD In the event that the regional school district committee determines that there exist new building requirements for the purposes of the regional school district, there shall be formed ADD} Within ten (10) days after approval and acceptance of this act by the voters of said member towns , a regional school district building committee consisting of five (5) {ADD three (3) ADD} members from each of the towns of Charlestown, and Richmond and seven (7) members from the town of Hopkinton, two (2) {ADD one (1) ADD} member s of which building committee from each member town shall be {ADD a ADD} member s of the school committee in their {ADD his or her ADD} respective town {ADD and shall be elected by the school committee as a whole ADD} , and the remaining {ADD six (6) ADD} members {ADD of such building committee ADD} shall be appointed by the respective town councils. {ADD At such time as a regional school district building committee shall be deemed necessary by the regional school district committee, the chairperson of the regional school district committee shall call upon the respective officials of the member towns for the appointment of the necessary representatives. The chairperson of the regional school district committee shall then notify those persons elected by the school committee or appointed by the town councils of the time and place of the first meeting of the building committee, and shall act as the temporary chairperson (without voting rights) until said regional school district building committee shall have completed its own organization. ADD}

(3) Said regional school district building committee shall secure competent architectural and engineering services for the purpose of the making of surveys, the preparation of plans and specifications and selection of site for the construction and equipping of a regional middle school {ADD such school facilities ADD} in said district, and the supervision of the construction {ADD thereof ADD} ; and employ such clerical assistance as may be necessary.

(4) Said regional school district building committee shall construct, furnish and equip a {ADD such ADD} regional middle school including athletic facilities and undertake such renovations, repairs and improvements as it may deem necessary to the existing regional high school building{ADD s ADD} , including for both buildings athletic facilities and improve the grounds upon which the respective schools are located {ADD as may be so authorized by the voters of the regional school district and as may be ADD} in accordance with the purposes and provisions of this act and shall make all contracts and agreements that may be necessary for the exercise of the powers vested in said building committee provided, however, that said building committee shall not make any expenditures or incur any liability unless the necessary appropriations have been authorized by {ADD action of the voters of the regional school district taken in a ADD} the referendum set forth in section 1 hereof and {ADD until ADD} the {ADD any ADD} bonds authorized there in {ADD by ADD} have been successfully sold.

(5) The term of said building committee shall be until such time as the authorized building or buildings shall have been constructed and accepted by the architects engaged by the building committee and for one (1) year thereafter whereupon the term of office of said committee shall terminate.

(6) In the event of additional building requirements for the purpose of the regional school district, determined by the voters qualified present and voting by majority vote at a district meeting, subsequent to the termination of office of the original building committee, a new building committee subject to the same conditions and vested with the same powers as those conferred by this act upon the original building committee formed in numbers corresponding to section (10)(1)(a) 12(2) above. One (1) of such building committee member from each town shall be a member of the regional school committee who represents that town.

(7) {ADD (6) ADD} In the event of a vacancy on the building committee said vacancy shall be filled by appointed of the town council of the town from which the vacancy shall occur or from the regional school committee in the same manner as prescribed in 12 (6) {ADD (2) ADD} , above.

(8) {ADD (7) ADD} No member of the building committee shall be held personally liable for damages in the performance of his duties as a member of said committee.

Sec. 19. Upon the acceptance and approval of this act the town councils of the member towns are hereby vested with the power and authority to enter into agreements on behalf of their respective towns and with each other, jointly and severally providing for ways and means of obtaining a site{ADD s ADD} for said regional schools and otherwise generally putting into effective operation the objects and purposes of this act , all in order that the said regional middle school shall be finally constructed and the regional high school shall be renovated and put into use for said towns .

APPROVAL QUESTION

SECTION 3. The question of the approval of this act shall be submitted to the electors of the towns of Charlestown, Richmond and Hopkinton qualified to vote on any proposition to impose a tax or for the expenditure of money at a special election to be held at a date not later than one hundred twenty (120) days after the adoption of this act, said date to be set by the present Chariho regional school district committee. The question shall be submitted in substantially the following form:

"Shall an act passed at the January, 1996 session of the General Assembly amending Public Laws, 1958, Chapter 55 as amended, amending the number of members of the school committee, the selection of school committee chairperson and vice chairperson, the determination of a quorum at any meeting of the school committee, and the establishment of a regional school district building committee, be approved?"

The warning for said election shall contain the question to be submitted. From the date the election is warned and until it is held, it shall be the duty of the town clerks of the respective towns of Hopkinton, Charlestown and Richmond to keep a copy of the act available at their offices for public inspection, but any failure of any said clerk to perform this duty shall not effect the validity of the election.

SECTION 4. This section and section 3 of this act shall take effect upon passage of this act; and the remainder of this act shall take effect upon the approval of this act by a majority in each town of those voting on the question at the election prescribed by section 3 hereof.



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