Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0242 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0242
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7	7	LC000955
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- WARWICK PUBLIC SCHOOLS BUDGE T
16	16	COMMISSION
17	17	Introduced By: Senator Mark P. McKenney
18	18	Date Introduced: February 13, 2025
19	19	Referred To: Senate Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 9.1 3
26	26	Warwick Public Schools Budget Commission 4
27	27	45-9.1-1. Declaration of policy and legal standard. 5
28	28	Pursuant to article XII of the Rhode Island constitution, it is the duty of the general 6
29	29	assembly to promote public schools, and to adopt all means which it may deem necessary and 7
30	30	proper to secure to the people the advantages and opportunities of education. It shall be the policy 8
31	31	of the state to provide a mechanism for the state to work with a city when its school district is 9
32	32	undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such 10
33	33	city and school district. The powers delegated by the general assembly in this chapter shall be 11
34	34	carried out having due regard for the needs of the citizens of the state and of the city of Warwick, 12
35	35	including the city's school district, and in such manner as will best preserve the education and 13
36	36	welfare of citizens of the state and the city of Warwick, including the city's school district, all to 14
37	37	the public benefit and good. 15
38	38	45-9.1-2. Establishment. 16
39	39	(a) There is hereby created the Warwick public schools budget commission (hereinafter 17
40	40	sometimes referred to as the "commission"). 18
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44	44	(b) The Warwick public schools budget commission shall be subject to the provisions of 1
45	45	chapter 2 of title 38 ("access to public records"), chapter 14 of title 36 ("code of ethics"), and chapter 2
46	46	46 of title 42 ("open meetings"). 3
47	47	(c) Notwithstanding any other provision of law to the contrary, action by the Warwick 4
48	48	public schools budget commission under this chapter shall constitute action by the school district 5
49	49	for all purposes under the general laws, under any special law, and under the Warwick city charter. 6
50	50	References in this chapter to "school district" shall mean and include the Warwick school 7
51	51	committee, the Warwick school department, the Warwick school district and the Warwick local 8
52	52	education agency. 9
53	53	45-9.1-3. Composition. 10
54	54	The Warwick public schools budget commission shall consist of five (5) members: three 11
55	55	(3) of whom shall be designees of the mayor with the advice and consent of the city council; one 12
56	56	of whom shall be the designee of the Warwick superintendent of schools; and one of whom shall 13
57	57	be the designee of the chair of the Warwick school committee. One of the mayoral designees shall 14
58	58	serve as the chairperson by vote of the entire commission. No member of the commission shall be 15
59	59	an appointor or a Warwick elected official. Any vacancy that occurs in the commission membership 16
60	60	shall be filled in the same manner and process as which the person creating the vacancy was 17
61	61	appointed. 18
62	62	45-9.1-4. Authority - Powers - Duties. 19
63	63	(a) Subject to the provisions of § 45-9.1-6, during the term of the Warwick public schools 20
64	64	budget commission, no appropriations, allocations or expenditures for school purposes shall occur 21
65	65	unless approved by the commission, or in the case of an emergency, by the city finance director 22
66	66	only to the extent to cure such emergency. For purposes of the chapter, an emergency is defined as 23
67	67	a pressing need for public expenditure, for other than a regular or recurring requirement, in order 24
68	68	to protect the public health, safety, or welfare or otherwise avoid unnecessary cost and expense to 25
69	69	the city or the school district. 26
70	70	(b) The Warwick public schools budget commission shall have the power to: 27
71	71	(1) Amend, formulate, and execute the annual school budget; 28
72	72	(2) Implement and maintain uniform budget guidelines and procedures for the school 29
73	73	system as a whole; 30
74	74	(3) Amortize operational deficits in an amount as the city finance director approves and for 31
75	75	a term not longer than five (5) years; 32
76	76	(4) Develop and maintain a uniform system for all financial planning for the Warwick 33
77	77	school district; 34
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81	81	(5) Employ, retain, and supervise such managerial, professional, and clerical staff as are 1
82	82	necessary to carry out its responsibilities; provided, however, that such employment, retention and 2
83	83	supervisory decisions are subject to the approval of the city finance director; 3
84	84	(6) Adopt rules and regulations governing the operation and administration of the school 4
85	85	district that permit the budget commission to effectively carry out its duties; and 5
86	86	(7) Compel operational, financial performance, or forensic audits, or any other similar 6
87	87	assessments. 7
88	88	(c) Within one hundred twenty (120) days of being appointed, the Warwick public schools 8
89	89	budget commission shall develop a three (3) year operating and capital financial plan to achieve 9
90	90	fiscal stability in the school district. The plan shall include a preliminary analysis of the school 10
91	91	district’s financial situation and the Warwick public schools budget commission’s initial 11
92	92	recommendations to immediately begin to address the operating and structural deficits. 12
93	93	45-9.1-5. Expiration. 13
94	94	The Warwick public schools budget commission shall cease to exist upon completion of 14
95	95	two (2) events as follows: 15
96	96	(1) Approval of the FY 2025-2026 Warwick school budget as recommended by the mayor 16
97	97	and approved by the city council; and 17
98	98	(2) Adoption of a deficit reduction plan by the commission as approved by the auditor 18
99	99	general. 19
100	100	45-9.1-6. Exemptions. 20
101	101	Nothing in this chapter shall authorize the Warwick public schools budget commission to: 21
102	102	(1) Reject or alter any collective bargaining agreement or any obligations thereunder 22
103	103	including, but not limited to, payment of wages and benefits; 23
104	104	(2) Eliminate or alter any rights or obligations, as provided in chapter 9.3 of title 28 24
105	105	("certified school teachers' arbitration") or 9.4 of title 28 ("municipal employees' arbitration") 25
106	106	including, but not limited to, the duty to bargain; 26
107	107	(3) Hire or terminate school department personnel; or 27
108	108	(4) Impact projects funded by bond proceeds or make any decisions related thereto, 28
109	109	including, but not limited to, construction of new high schools. 29
110	110	45-9.1-7. Conflicts with other laws. 30
111	111	Notwithstanding any general or special law to the contrary, unless otherwise specified, the 31
112	112	provisions of this chapter shall supersede and shall control over any conflicting or inconsistent 32
113	113	provisions of the Warwick city charter or ordinances, other laws, including general laws, special 33
114	114	laws, or local laws, or of any rule or regulation of the state or the city including, but not limited to, 34
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118	118	title 16 and any state rule or regulation promulgated thereunder. 1
119	119	45-9.1-8. Liberal construction. 2
120	120	This chapter, being necessary for the welfare of the state, the city of Warwick and their 3
121	121	inhabitants, shall be liberally construed in order to effectuate its purposes. 4
122	122	45-9.1-9. Severability. 5
123	123	The provisions of this chapter are severable, and if any of its provisions are held 6
124	124	unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of 7
125	125	the court shall not affect or impair any of the remaining provisions. In carrying out the purposes 8
126	126	and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional 9
127	127	requirements whether or not the steps are required by this chapter. 10
128	128	45-9.1-10. Exemption from liability and prosecution. 11
129	129	Notwithstanding any general or special law to the contrary, no budget commission member 12
130	130	or any managerial, professional or clerical staff hired, retained or employed by the budget 13
131	131	commission under this chapter shall have any civil liability for any actions taken or omitted in the 14
132	132	course of performing their official duties. 15
133	133	SECTION 2. This act shall take effect upon passage. 16
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140	140	EXPLANATION
141	141	BY THE LEGISLATIVE COUNCIL
142	142	OF
143	143	A N A C T
144	144	RELATING TO TOWNS AN D CITIES -- WARWICK PUBLIC SCHOOLS BUDGET
145	145	COMMISSION
146	146	***
147	147	This act would create a budget commission to oversee the Warwick schools district until 1
148	148	such time as the fiscal year 2025 - 2026 Warwick school budget is approved as recommended by 2
149	149	the mayor and approved by the city council, and the budget commission adopts a deficit reduction 3
150	150	plan approved by the auditor general. 4
151	151	This act would take effect upon passage. 5
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