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Rhode Island House Bill H5252

Rhode Island 2025 Regular Session

Rhode Island House Bill H5252 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- WARWICK PUBLIC SCHOOLS BUDGE T
1616 COMMISSION
1717 Introduced By: Representatives McNamara, Shekarchi, Solomon, Bennett, and Read
1818 Date Introduced: January 31, 2025
1919 Referred To: House Education
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1
2424 amended by adding thereto the following chapter: 2
2525 CHAPTER 9.1 3
2626 Warwick Public Schools Budget Commission 4
27-45-9.1-1. Declaration of policy and legal standard. 5
28-Pursuant to article XII of the Rhode Island constitution, it is the duty of the general 6
29-assembly to promote public schools, and to adopt all means which it may deem necessary and 7
30-proper to secure to the people the advantages and opportunities of education. It shall be the policy 8
31-of the state to provide a mechanism for the state to work with a city when its school district is 9
32-undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such 10
33-city and school district. The powers delegated by the general assembly in this chapter shall be 11
34-carried out having due regard for the needs of the citizens of the state and of the city of Warwick, 12
35-including the city's school district, and in such manner as will best preserve the education and 13
36-welfare of citizens of the state and the city of Warwick, including the city's school district, all to 14
37-the public benefit and good. 15
38-45-9.1-2. Establishment. 16
39-(a) There is hereby created the Warwick public schools budget commission (hereinafter 17
40-sometimes referred to as the "commission"). 18
27+45-9.1-1. Establishment. 5
28+(a) There is hereby created the Warwick public schools budget commission. 6
29+(b) The Warwick public schools budget commission shall be subject to the provisions of 7
30+chapter 2 of title 38 ("access to public records"), chapter 14 of title 36 ("code of ethics"), and chapter 8
31+46 of title 42 ("open meetings"). 9
32+(c) Notwithstanding any other provision of law to the contrary, action by the Warwick 10
33+public schools budget commission under this chapter shall constitute action by the school district 11
34+for all purposes under the general laws, under any special law, and under the Warwick city charter. 12
35+45-9.1-2. Composition. 13
36+The Warwick public schools budget commission shall consist of five (5) members; three 14
37+(3) of whom shall be designees of the mayor with the advice and consent of the city council; one 15
38+of whom shall be the designee of the Warwick superintendent of schools; and one of whom shall 16
39+be the designee of the chair of the Warwick school committee. One of the mayoral designees shall 17
40+serve as the chairperson by vote of the entire commission. No member of the commission shall be 18
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44-(b) The Warwick public schools budget commission shall be subject to the provisions of 1
45-chapter 2 of title 38 ("access to public records"), chapter 14 of title 36 ("code of ethics"), and chapter 2
46-46 of title 42 ("open meetings"). 3
47-(c) Notwithstanding any other provision of law to the contrary, action by the Warwick 4
48-public schools budget commission under this chapter shall constitute action by the school district 5
49-for all purposes under the general laws, under any special law, and under the Warwick city charter. 6
50-References in this chapter to "school district" shall mean and include the Warwick school 7
51-committee, the Warwick school department, the Warwick school district and the Warwick local 8
52-education agency. 9
53-45-9.1-3. Composition. 10
54-The Warwick public schools budget commission shall consist of five (5) members: three 11
55-(3) of whom shall be designees of the mayor with the advice and consent of the city council; one 12
56-of whom shall be the designee of the Warwick superintendent of schools; and one of whom shall 13
57-be the designee of the chair of the Warwick school committee. One of the mayoral designees shall 14
58-serve as the chairperson by vote of the entire commission. No member of the commission shall be 15
59-an appointor or a Warwick elected official. Any vacancy that occurs in the commission membership 16
60-shall be filled in the same manner and process as which the person creating the vacancy was 17
61-appointed. 18
62-45-9.1-4. Authority - Powers - Duties. 19
63-(a) Subject to the provisions of § 45-9.1-6, during the term of the Warwick public schools 20
64-budget commission, no appropriations, allocations or expenditures for school purposes shall occur 21
65-unless approved by the commission, or in the case of an emergency, by the city finance director 22
66-only to the extent to cure such emergency. For purposes of the chapter, an emergency is defined as 23
67-a pressing need for public expenditure, for other than a regular or recurring requirement, in order 24
68-to protect the public health, safety, or welfare or otherwise avoid unnecessary cost and expense to 25
69-the city or the school district. 26
70-(b) The Warwick public schools budget commission shall have the power to: 27
71-(1) Amend, formulate, and execute the annual school budget; 28
72-(2) Implement and maintain uniform budget guidelines and procedures for the school 29
73-system as a whole; 30
74-(3) Amortize operational deficits in an amount as the city finance director approves and for 31
75-a term not longer than five (5) years; 32
76-(4) Develop and maintain a uniform system for all financial planning for the Warwick 33
77-school district; 34
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44+an appointor or a Warwick elected official. Any vacancy that occurs in the commission membership 1
45+shall be filled in the same manner and process as which the person creating the vacancy was 2
46+appointed. 3
47+45-9.1-3. Authority; Powers; Duties. 4
48+(a) During the term of the Warwick public schools budget commission, no school spending 5
49+shall occur unless approved by the commission, or in the case of an emergency, by the city finance 6
50+director only to the extent to cure such emergency. 7
51+(b) The Warwick public schools budget commission shall have the power to: 8
52+(1) Amend, formulate, and execute the annual school budget; 9
53+(2) Implement and maintain uniform budget guidelines and procedures for the school 10
54+system as a whole; 11
55+(3) Amortize operational deficits in an amount as the city finance director approves and for 12
56+a term not longer than five (5) years; 13
57+(4) Develop and maintain a uniform system for all financial planning for the Warwick 14
58+public schools district; 15
59+(5) Employ, retain, and supervise such managerial, professional, and clerical staff as are 16
60+necessary to carry out its responsibilities; provided, however, that such employment, retention and 17
61+supervisory decisions are subject to the approval of the city finance director; 18
62+(6) Adopt rules and regulations governing the operation and administration of the school 19
63+district that permit the budget commission to effectively carry out its duties; and 20
64+(7) Compel operational, financial performance, or forensic audits, or any other similar 21
65+assessments. 22
66+(c) Within one hundred twenty (120) days of being appointed, the Warwick public schools 23
67+budget commission shall develop a three (3) year operating and capital financial plan to achieve 24
68+fiscal stability in the Warwick public schools district. The plan shall include a preliminary analysis 25
69+of the school district’s financial situation and the Warwick public schools budget commission’s 26
70+initial recommendations to immediately begin to address the operating and structural deficits. 27
71+45-9.1-4. Expiration. 28
72+The Warwick public schools budget commission shall cease to exist upon completion of 29
73+two (2) events as follows: 30
74+(1) Approval of the FY 2025-2026 Warwick school budget as recommended by the mayor 31
75+and approved by the city council; and 32
76+(2) Adoption of a deficit reduction plan by the commission as approved by the auditor 33
77+general. 34
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81-(5) Employ, retain, and supervise such managerial, professional, and clerical staff as are 1
82-necessary to carry out its responsibilities; provided, however, that such employment, retention and 2
83-supervisory decisions are subject to the approval of the city finance director; 3
84-(6) Adopt rules and regulations governing the operation and administration of the school 4
85-district that permit the budget commission to effectively carry out its duties; and 5
86-(7) Compel operational, financial performance, or forensic audits, or any other similar 6
87-assessments. 7
88-(c) Within one hundred twenty (120) days of being appointed, the Warwick public schools 8
89-budget commission shall develop a three (3) year operating and capital financial plan to achieve 9
90-fiscal stability in the school district. The plan shall include a preliminary analysis of the school 10
91-district’s financial situation and the Warwick public schools budget commission’s initial 11
92-recommendations to immediately begin to address the operating and structural deficits. 12
93-45-9.1-5. Expiration. 13
94-The Warwick public schools budget commission shall cease to exist upon completion of 14
95-two (2) events as follows: 15
96-(1) Approval of the FY 2025-2026 Warwick school budget as recommended by the mayor 16
97-and approved by the city council; and 17
98-(2) Adoption of a deficit reduction plan by the commission as approved by the auditor 18
99-general. 19
100-45-9.1-6. Exemptions. 20
101-Nothing in this chapter shall authorize the Warwick public schools budget commission to: 21
102-(1) Reject or alter any collective bargaining agreement or any obligations thereunder 22
103-including, but not limited to, payment of wages and benefits; 23
104-(2) Eliminate or alter any rights or obligations, as provided in chapter 9.3 of title 28 24
105-("certified school teachers' arbitration") or 9.4 of title 28 ("municipal employees' arbitration") 25
106-including, but not limited to, the duty to bargain; 26
107-(3) Hire or terminate school department personnel; or 27
108-(4) Impact projects funded by bond proceeds or make any decisions related thereto, 28
109-including, but not limited to, construction of new high schools. 29
110-45-9.1-7. Conflicts with other laws. 30
111-Notwithstanding any general or special law to the contrary, unless otherwise specified, the 31
112-provisions of this chapter shall supersede and shall control over any conflicting or inconsistent 32
113-provisions of the Warwick city charter or ordinances, other laws, including general laws, special 33
114-laws, or local laws, or of any rule or regulation of the state or the city including, but not limited to, 34
115-
116-
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118-title 16 and any state rule or regulation promulgated thereunder. 1
119-45-9.1-8. Liberal construction. 2
120-This chapter, being necessary for the welfare of the state, the city of Warwick and their 3
121-inhabitants, shall be liberally construed in order to effectuate its purposes. 4
122-45-9.1-9. Severability. 5
123-The provisions of this chapter are severable, and if any of its provisions are held 6
124-unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of 7
125-the court shall not affect or impair any of the remaining provisions. In carrying out the purposes 8
126-and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional 9
127-requirements whether or not the steps are required by this chapter. 10
128-45-9.1-10. Exemption from liability and prosecution. 11
129-Notwithstanding any general or special law to the contrary, no budget commission member 12
130-or any managerial, professional or clerical staff hired, retained or employed by the budget 13
131-commission under this chapter shall have any civil liability for any actions taken or omitted in the 14
132-course of performing their official duties. 15
133-SECTION 2. This act shall take effect upon passage. 16
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81+45-9.1-5. Exemptions. 1
82+(a) Nothing in this chapter shall authorizes the Warwick public schools budget commission 2
83+to: 3
84+(1) Reject or alter any collective bargaining agreement; 4
85+(2) Eliminate the duty to bargain, as provided in chapter 9.3 of title 28 ("certified school 5
86+teachers' arbitration"); 6
87+(3) Hire or terminate school department personnel; 7
88+(4) Impact projects funded by bond proceeds or make any decisions related thereto, 8
89+including, but not limited to, construction of new high schools. 9
90+SECTION 2. This act shall take effect upon passage. 10
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14097 EXPLANATION
14198 BY THE LEGISLATIVE COUNCIL
14299 OF
143100 A N A C T
144101 RELATING TO TOWNS AN D CITIES -- WARWICK PUBLIC SCHOOLS BUDGE T
145102 COMMISSION
146103 ***
147-This act would create a budget commission to oversee the Warwick schools district until 1
148-such time as the fiscal year 2025 - 2026 Warwick school budget is approved as recommended by 2
149-the mayor and approved by the city council, and the budget commission adopts a deficit reduction 3
150-plan approved by the auditor general. 4
104+This act would create the Warwick public schools budget commission consisting of five 1
105+(5) members to oversee the operations of Warwick public schools and to present a preliminary 2
106+analysis of the school district's financial situation, initial recommendations to immediately address 3
107+the operating and structural deficits, and a three (3) year financial plan to achieve fiscal stability. 4
151108 This act would take effect upon passage. 5
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