Title 45, Title 45 and Cities

Notwithstanding any general or special law to the contrary, unless otherwise specified, the provisions of this chapter shall supersede any conflicting provisions of the city’s, town’s, or fire district’s charter, local ordinance, rule or regulation.

No city, town, or fire district shall be placed into, or made subject to, either voluntarily or involuntarily, a state judicial receivership proceeding, and nothing in this act shall in any way pre-empt or restrict the powers and remedies available to a state-appointed receiver u…

Nothing in this chapter shall be construed to pledge the credit and assets of the state to pay the obligations or indebtedness, including bonded indebtedness, of any municipality or fire district.

Insofar as the provisions of this chapter are inconsistent with the provisions of any charter, other laws, or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality or fire district, the provisions of this chapter are controlling.

This chapter being necessary for the welfare of the state and its inhabitants shall be liberally construed in order to effectuate its purposes.

The provisions of this chapter are severable, and if any of its provisions are held unconstitutional or invalid for any other reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. In carrying out the p…

The receiver shall be entitled to exercise all powers under the general laws, this chapter, the state constitution, any special act, any charter provision or ordinance that any elected official or any body of the city, town, or fire district may exercise, acting separately or joi…

(a) No elected official of a city, town, or fire district that is subject to the jurisdiction of a fiscal overseer, budget commission, or receiver, except in the case of an emergency involving the health and safety of the people or the people’s property declared by the city or to…

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: (1) “Budget commission” means the budget and review commission established under §§ 45-9-5 and 45-9-6. (2) “Charter” means the home rule charter or the …

In the event a receiver is appointed pursuant to the provisions of this chapter, powers of the fire district governing body or powers of the city or town council exercisable by resolution or ordinance shall be exercised by order of the receiver.

(a) Notwithstanding any general or special law to the contrary, neither the director of the department of revenue, nor any fiscal overseer, budget commission member, receiver or administration and finance officer or any managerial, professional or clerical staff hired, retained o…

Notwithstanding any general or special law to the contrary, the state shall indemnify, exonerate, defend, and hold harmless the director of the department of revenue and any fiscal overseer, budget commission member, receiver, or administration and finance officer, and any manage…

Unless such person shall be the prevailing party in a final non-appealable judgment, any person who violates this chapter or ignores a written demand made by a fiscal overseer, budget commission member, receiver or administration and finance officer acting within the scope of his…

(a) Upon joint request by a city’s or town’s elected chief executive officer and city or town council, or for a fire district, the request of the governing body as established by charter, which request is approved by the division of municipal finance and the auditor general, or i…

A city, town, or fire district that is subject to the jurisdiction of a fiscal overseer or a budget commission, may not levy property taxes or motor vehicle excise taxes without prior approval of the division of municipal finance. Before the city, town, or fire district that is s…

(a) The fiscal overseer shall report in writing to the division of municipal finance if the fiscal overseer concludes that the city, town, or fire district: (1) Is unable to present a balanced municipal or fire district budget; (2) Faces a fiscal crisis that poses an imminent dan…

(a) If a budget commission is established under §§ 45-9-5 or 45-12-22.7, it shall consist of five (5) members: three (3) of whom shall be designees of the director of revenue; one of whom shall be the elected chief executive officer of the city; and one of whom shall be a council…

(a) If the budget commission established by § 45-9-5 concludes that its powers are insufficient to restore fiscal stability to the city, town, or fire district, it shall so notify the director of revenue and shall forward to the director of revenue a statement of the reasons why …

In the event the director of revenue determines, in consultation with the auditor general, that a city, town, or fire district is facing a fiscal emergency and that circumstances do not allow for appointment of a fiscal overseer or a budget commission prior to the appointment of …

Notwithstanding chapter 7 of title 28 or any other general or special law or any charter or local ordinance to the contrary, new collective bargaining agreements, and any amendments, to new or existing collective bargaining agreements, (collectively, “collective bargaining agreem…