Rhode Island § 45-58-6 - Pascoag Utility District

§ 45-58-6. Membership of board of commissioners.

(a) The board of utility commissioners shall consist of not more than seven (7) nor less than five (5) members. Four (4) members of the board shall constitute a quorum and a vote of four (4) members shall be necessary for all action taken by the board unless the board consists of only five (5) members, in which case (3) members shall constitute a quorum and a vote of three (3) members shall be necessary for all action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. The initial members of the board of utility commissioners shall be the utility commissioners currently holding office under the auspices of the Pascoag fire district, who shall continue to serve until their current terms expire. Thereafter, the members of the board of utility commissioners of the Pascoag utility district shall be elected for a term of three (3) years by ballot of voters otherwise eligible to vote in the annual or special election in succeeding years in the village of Pascoag.

(b) The members of the board of utility commissioners, moderator or clerk shall be residents of the village of Pascoag. Such residents of the village of Pascoag whose name appear on an active account with the Pascoag Utility District shall be eligible to be a candidate for election to any one of the above offices; provided, however, that he or she shall first have filed a declaration of candidacy with the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to the scheduled date of the election through which such person seeks to be elected. In the event of a vacancy occurring on the board of utility commissioners, moderator or clerk by reason of death, resignation or other cause, the board itself may select an eligible candidate to fill the vacancy until the next annual election.

(c) The board of utility commissioners shall elect each year from among its members: (1) a chairperson, who shall chair and moderate meetings of the board of utility commissioners and shall execute such other authorities and duties as the board may provide; (2) a vice chairperson who shall assume all duties of the chairperson in the chairperson’s absence; and (3) a secretary, who shall maintain minutes of the meetings of the board of utility commissioners, provide notice of the meetings in accordance with law, and shall have such other duties as the board of utility commissioners may determine. The board of utility commissioners shall appoint a treasurer, who may be a member of the board or a general or special employee of the utility district, and who shall have charge and control of the money and deposits of the utility district.

(d) The board of utility commissioners shall establish and adopt bylaws for the management and conduct of the utility district’s affairs, and other aspects of the governance of the utility district not otherwise controlled by this chapter. Pending the adoption of the bylaws, the board of utility commissioners shall be deemed to have adopted, and shall conduct the board’s business in accordance with, those portions of the bylaws of the Pascoag fire district relating to utility matters.

(e) In order to ensure that the status of the utility district as a quasi-municipal corporation, district and political subdivision of the state does not prejudice its ability to contribute to the development of effective competition in the electricity and communications industries in the state, it is specifically found and determined that: (1) strategic business planning records of the utility district (including without limitation business plans, draft contracts, proposals, financial analyses and other similar documents) shall not be subject to the disclosure requirements of chapter 2 of title 38 unless the same materials in comparable circumstances in the hands of an investor-owned utility would be subject to disclosure under other laws of the state; and (2) strategic business planning discussions of the board of utility commissioners, including such discussions with utility district employees or consultants, are deemed to fall within the circumstances defined in § 42-46-5(a)(7).