ARTICLE I
TITLE AND LOCATION
Section 1. In accordance with H.668, entitled, “An
act to incorporate the Albion Fire District,” passed at the January session
1941, of the General Assembly, and approved by the Governor,
ALBION FIRE DISTRICT
Section 2. The boundaries of said District are those established by the Charter, and Amendments thereto, and are incorporated herein by reference.
Section 3. The principle
office shall be located in the
ARTICLE II
MEETINGS
Section 1 (a). The
annual meeting of the Albion Fire District shall be held as prescribed by its
charter, as amended, in the month of October of each and every year for the
purpose of electing officers, ordering taxes and providing for assessing and
collecting the same, enacting by-laws and transacting such other business or
adopting such measures, consistent with the Charter, which shall be deemed necessary
and beneficial to the Albion Fire District.
The annual meeting as well as the Albion Fire District monthly meetings
will take place at hour no earlier than
Section 1 (b). No more than 30 days prior to the annual
meeting of the Albion Fire District, a public work session shall take place to
review and discuss the upcoming budget.
All matters relevant to the budget and its process will be presented in
an open meeting to take place no earlier than
Section 1 (c). The actual budget shall be made
available to the public and posted on the Albion Fire District website at least
7 days prior to the annual meeting of the Albion Fire District.
Section 2. Special meetings of the Albion Fire District shall be held for purposes
pertaining to the Corporation, provided an application in writing be made to
the Clerk of the corporation by a majority vote of the Board of Fire
Commissioners or by (25) twenty-five qualified District members, setting forth
specifically the whole purpose of the desired meeting. Notice of the special meetings shall be
issued as provided in Section 3 (b) of this article.
Section 3 (a) Notice of Annual Meetings of said Corporation
shall be issued by the Clerk, or in the event of his/her death or inability, by
the moderator, by posting notices AT LEAST FOURTEEN (14) DAYS BEFORE EACH ANNUAL MEETING in eight (8) public
places within the District, and by advertising in (3) newspapers of local circulation setting forth the time and place at which such
meeting is to be held. In order to bring
before the annual meeting any measure pertaining to the Fire District, it shall
be necessary the purpose of the meeting be specified in the notice or said
notices posted to call said meeting. In addition, the Commission will send written notice to the taxpayer as set forth in the district tax roll as of the 31st day of December in the year preceding the meeting for which notice is sent at least (14) days prior to said meeting. Each of the notices referenced herein shall contain the time, place and date assigned for the annual meeting, along with the general purpose thereof.
Section 3 (b). Notice of Special Meetings of said
Corporation shall be issued by the Clerk, or in the event of his/her death or
inability, by the moderator, by posting notices not less than fourteen (14) days before the Special Meeting in (8)
public places within the District, setting forth the time and place at
which the Special Meeting is to be held, which notices shall specify the
subject to be acted upon, list the names of the Fire Commissioners, or of not
less than twenty-five (25) qualified members, who shall have applied for
the holding of said meeting and be signed by the Clerk or by the Moderator of
the District.
Section 4. The Board of Fire Commissioners shall follow standard procedures for the
reviewing of complaints involving personnel of the Fire District. A complaint must be made to a member of the
Board of Fire Commissioners or to the Board of Fire Commissioners.
The Board of Fire
Commissioners shall designate at least one Commissioner to conduct a
preliminary investigation to determine if further action on the complaint is
required. At the completion of the
preliminary investigation, the investigating Commissioner (s) shall reveal the
results and make recommendations to the Board of Commissioners.
A majority vote of the
full Board of Commissioners shall be required to proceed with a Formal
Complaint against personnel of the Fire District.
A hearing will be held
within a reasonable time upon a Formal Complaint. All Commissioners must be in attendance at
the hearings. The hearing will be open
or closed to the public in accordance with R.I.G.L. The hearing will be an investigative
proceeding. The person against whom the
formal complaint concerns will be given full opportunity to present a defense
to the complaint. Upon completion of the
hearing, the Board of Commissioners shall take the following action; give a
written reprimand, suspension from duty, discharge from employment with the
Fire District.
Section 5. Emergency Action by the Commission:
The Chairman or designee may place personnel on Immediate Administrative
leave with pay pending a hearing by the Board of Commissioners. The hearing must be within 48 hours of
placing the person on administrative leave.
The hearing is to determine if the person is to be returned to duty or
remain on leave pending a formal complaint or hearing.
ARTICLE
III
QUALIFICATION
OF MEMBERS POWERS
Section 1. The qualified members of said Fire District shall at any legal meeting,
have the power to enact by-laws, consistent with the Charter.
Section 2. The qualified members of said Fire District at their legal meetings shall
have the power to order taxes, and
provide for assessing and collecting the same, on the taxable
inhabitants and property in said district as they shall deem necessary for
purchasing and procuring real estate, buildings, and implements, apparatus
other equipment, for the payment of current expenses of said district and also
for the payment of indebtedness that has been or may be incurred by said
district; provided, however, that the
taxes assessed and payable in any year under the provisions of this section
shall not exceed three dollars ($3.00) per thousand of said valuation, and
provided further, however the minimum charge for any fire tax bill rendered
shall be not less than ($20.00) twenty dollars.
The
qualified members of said District may provide for such deduction from the tax
assessed against any person if paid by an appointed time, or for such penalty by way of percentage on
the tax if not appointed time, not exceeding the maximum amount allowable by
law, as they shall deem necessary to insure punctual payment.
ARTICLE
IV
OFFICERS
Sextion 1. The
officers of the Albion Fire District shall consist of:
One (1) Moderator One (1)
Treasurer
Five (5) Commissioners
Section 2. The Officers of the Albion Fire District must
be qualified members of said district.
All uncontested nominees shall be elected to office by the casting of
one vote ballot for each uncontested nominee by the Clerk of the District. All Contested offices shall be voted upon by
secret ballot. All officers shall hold
office for one year (1) or until their successors are elected and qualified,
except in the case of the Commissioners.
One Commissioner of said board of five
(5) Fire Commissioners shall be
elected for a term of five (5) years at each successive annual meeting, the
term of the of the Commissioner whose term expired shall be opened for
nomination and elected for a term of five
(5) years or until his/her
successor has been elected and qualified.
At the first scheduled meeting following the annual meeting, the Board
of Commissioners shall elect a Chairperson and Vice-Chairperson.
Section 3. Any officer who neglects his/her duty may be impeached by a two-thirds
vote of the members of the District present
at a special meeting at which such vote is taken and vacancies will be
filled by the members at this meeting.
All vacancies occurring by reason of death, incapacity, resignation, or
retirement shall be filled by a majority vote of the Board of Commissioners,
the term of such appointment to expire at the next ANNUAL meeting when an
election will be held to elect a Commissioner to serve the remainder of the
un-expired term.
Section 4. The
moderator shall preside at all annual and special meetings of the Fire District
which shall have been called by proper notice;
and at such meetings he/she shall conduct the proceedings, decide all
discussions according to law, and have command over all records of the Clerk,
of the Treasurer, and of the Tax Collector during such meetings. His/her decision as presiding officer may be
appealed and overruled by a majority of the members present and entitled to
vote. The appeal from the decision of
the moderator, however, must be stated simply and correctly and must not be
debatable. If the moderator is absent
from a duly called Annual Meeting or Special Meeting, a temporary moderator may
be elected by a majority of the members present and voting an he/she shall
perform the duties of moderator.
Section 5. The Treasurer shall reconcile all District bank accounts on a monthly
basis. He/she provide the Board of
Commissioners written documentation of such on a monthly basis. He/she shall sign all checks issued by the
District. He/she shall pay no money on
account of the District except on the written approval of the clerk and/or a
member of the Board of Fire Commissioners.
The Treasurer shall close his/her books on the last business day of
October of each year, and at every Annual Meeting report fully the condition of
the treasury of the District. He/she
shall further, do all acts pertaining to his/her office. He/she shall give a bond satisfactory to the
Board of Fire Commissioners in such amount as shall be determined by said
Commissioners and the premium thereon shall be paid by the District.
Section 6 (a). The
Board of the Fire Commissioners shall manage the property and business of the
Albion Fire District; they shall have full management of the business of the
corporation, to include the levy of fees, and shall make provisions that the
fire station and other property of the district are kept in good condition, are
properly repaired and insured, and, in addition to the powers and authorities
conferred on them by the Charter of the Albion Fire District and Amendments
thereto, and the General Laws of the State of Rhode Island and these By-Laws,
the Board of Commissioners may exercise all such powers and do all such acts
and things as may be exercised and done by the Corporation, but subject
nevertheless, to the provisions of the laws of the State of Rhode Island, to
the Albion Fire District Charter and Amendments thereto and to these By-Laws,
and to the regulations so made from time to time by the qualified members of
said district.
Section 6 (b). There
shall be a Fire Chief of the District who shall be appointed by and be under
the direction of the Board of Commissioners.
The Fire Chief shall have the general supervision and command of the
Fire Department.
Section 6 (c). Without
prejudice to the general powers and duties conferred by the last preceding
clause and the other powers conferred by these By-Laws, the Fire Chief shall
have the following powers and perform the following duties:
He or She:
1. Shall see that the Fire Department’s property, apparatus, equipment
and the
fire alarm system are, and at all times, kept
in good order and in readiness for instant use.
2. Shall see that his/her Officers and all firefighters perform
their duties promptly and efficiently.
3. Or his/her designated Senior Officer shall
respond promptly to every fire within the District and all orders given by
him/her or the designee to any Officer or member of the Fire Department shall
be promptly obeyed.
4. May call upon any and all persons to assist
in extinguishing fires.
5. Shall see that all the rules of the
Department are enforced and shall summarily decide all disputes or questions
arising out of the matters connected with the Department.
6. Shall certify all bills against the
Department and make a written report of the work and condition of the
Department at the Annual Meeting of the District.
7. Shall recruit, enlist and make all
appointments to the volunteer force.
He/She shall supervise and train all
personnel in fire fighting techniques.
8. Shall institute a fire prevention and inspection
program within the District.
9. The Fire Chief shall carry out such other
duties as the Board of Fire Commissioners may see fit to assign to him/her.
Section 6 (d). The
Clerk shall keep full, fair and accurate minutes of the proceedings of the
District at all meetings, recorded in full, all resolutions and votes thereon
(except motions to adjourn and like formal matters), to which end, the
Moderator when requested to do so by the Clerk, shall require motions and
resolutions to be reduced to writing by the member offering the same. The Clerk shall file and maintain all
correspondence and contracts entered into by the Board of Fire Commissioners on
behalf of the District. He/she shall
give due notice of all meetings of said District as required by the Charter and
the By-Laws of the District. If the
clerk is absent from any meeting, a temporary clerk may be elected by a
majority vote of the members present and voting and, he/she shall perform the
duties of the Clerk.
Section 7. A
Financial Officer for the District will be appointed by a majority vote of the
Board of Fire Commissioners. The
Financial Officer will report directly to the Board of Fire Commissioners or
their designee. Upon delivery to him/her of the certified
assessment from the Town of Lincoln the Financial Officer in his/her capacity
as Tax Collector, shall collect and deposit into accounts approved by a
majority vote of the Board of Commissioners, all taxes assessed, levied, and
collected and the interest collected on the same. He/she shall at every Annual Meeting report
fully the amount collected in taxes and interest and the amount of un-collected
tax. The Financial Officer, shall as
requested, be required to submit to the Board of Fire Commissioners a current
and up to date report on the status of tax accounts. In accordance with the Charter, the General
Laws of
ARTICLE
V
EMERGENCY
PROVISIONS
Section 1. In an emergency involving Fire District property,
the Board of Fire Commissioners may expend an UNBUDGETED amount not to exceed
two thousand dollars ($2,000) in any one year without the expressed vote of the
District voters.
ARTICLE
VI
BORROWING
AUTHORITY
Section 1. Said district is hereby authorized and
empowered to raise money through the issuance of its bonds or notes, signed by
its treasurer, in such sum or sums, as said district may, by majority vote, at
any regular or special meeting, determine; and the vote authorizing and
empowering the treasurer to raise money upon the issuance of bonds or notes of
the district shall be construed as authority for the renewal of any such bonds
or notes from time to time; and said bonds or notes, so issued, shall be
payable from all taxes that may be levied by said district without limit as to
rate or amount, and shall otherwise be obligatory upon said district in the
same manner and to the same extent as other debts lawfully contracted by said
district.
ARTICLE
VII
Section 1. The Board of Fire Commissioners may contract for the services of the Fire
Chief and any other employee that the Board of Fire Commissioners deem
necessary to carry out the mission of the Fire District. Such contract may be for a period of not more
than five years.
Section 2. The
Board of Fire Commissioners shall establish a Board of Review for the purpose
of determining qualifications required for all full time positions of the Fire
District. This same board may be charged
with administering the exams and tests required to classify candidates. The Board of Fire Commissioners will appoint
a Board of Review.
Section 3. The
Board of Fire Commissioners will appoint personnel to all positions from the
reports given them by the Board of Review.
Section 4. The Albion Fire District shall provide
written job descriptions of all employees employed in any capacity within the
fire district. These job descriptions
will be maintained and updated as needed when job duties or responsibilities
warrant changes in the actual descriptions.
ARTICLE
VIII
AMENDMENTS
Section 1 Any By-Law may
me amended at any Annual Meeting of the District; or the same may be amended at
any Special Meeting of the District, provided proper notice is given in
accordance with the Charter and By-Laws of the Albion Fire District. A majority vote of the qualified members
present and voting shall be necessary to amend By-Laws.
ARTICLE
IX
SEAL
Section 1. The District shall have a seal, circular in shape, and shall bear the
words:
ALBION FIRE DISTRICT
INCORPORATED 1941
Section 2. The
Clerk shall have custody of the seal.
ARTICLE
X
FINANCIAL
ACCOUNTABILITY
Section 1. The Albion Fire District on a three year basis shall hire and independent Certified Public Accounting organization, selected by the Albion Fire District Taxpayers at the annual meeting of the Albion Fire District. The selection of the CPA firm will be based upon a sealed bid process. After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Albion Fire District, considering price and the price-related factors included in the invitation.
Section 2. The line items in the Albion Fire District financial statements shall clearly detail all revenues and expenses as possible when such presentation is relevant to the understanding of the Fire Districts financial performance. All revenues and expenditures that amount to over $3000 shall receive a separate line item in the annual financial statement.
Section 3(a). In parallel Columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amounts of such items actually received during that year, the amount of each item in the budget of the current fiscal year and the amount actually received to the time of preparing the budget plus receipts for the remainder of the current fiscal year estimated as accurately as may be.
Section 3(b). In parallel
Columns opposite the several items of proposed expenditures, there shall be
placed the amount of each such item in the budget of the last completed fiscal
year, the amounts of such items actually expended during such year, the amount
of each such item in the budget of the current fiscal year and the amount
actually expended to the time of preparing the budget plus expenditures for the
remainder of the current fiscal year estimated as accurately as may be.
