§ 45-39.2-6. Membership of board of utility 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 three (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 comprised of three
(3) members of the utility commissioners currently holding office under the auspices
of the Pascoag utility district; three (3) members of the operating committee of the
Harrisville fire district (to be selected by the Harrisville fire district operating
committee); and one member to be elected by qualified voters at a special election.
The terms of such initial board members shall be three (3) years for one member elected
and the most senior member from the Pascoag utility district and the Harrisville fire
district, and a two-year (2) term for the next most senior member of each, and one-year
term for the third most senior member of each, each of whom shall continue to serve
until their initial terms expire. Thereafter, the members of the board of utility
commissioners of the Clear River electric and water district shall be elected for
a term of three (3) years by ballot of qualified voters otherwise eligible to vote
in the annual or special election in succeeding years.
(b) The members of the board of utility commissioners, moderator, or clerk shall be residents
of the villages of Pascoag, Harrisville, or Oakland. Such residents of the villages
of Pascoag, Harrisville, and Oakland and whose name appears on an active account with
the Clear River electric and water district shall be eligible to be a candidate for
election to any one of the above offices; provided, however, that they 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 electric and water district,
and who shall have charge and control of the money and deposits of the electric and
water district.
(d) The board of utility commissioners shall establish and adopt bylaws for the management
and conduct of the electric and water district's affairs, and other aspects of the
governance of the electric and water 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 utility district.
(e) In order to ensure that the status of the electric and water 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 electric and water 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 electric and water district employees or consultants, are deemed
to fall within the circumstances defined in § 42-46-5(a)(7).