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.