CITY OF CENTRAL FALLS
SPECIAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
JUNE 17, 1995, 7:30 P.M.
A SPECIAL MEETING OF THE CENTRAL FALLS CITY COUNCIL WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL CHAMBERS AT 7:45 PM
COUNCILMAN MATTHEWS
COUNCILMAN GOES
COUNCILMAN PAQUETTE
COUNCILWOMAN MOREAU
COUNCILMAN CANAVAN
QUORUM PRESENT.
COUNCIL PRESIDENT ROBERT CANAVAN PRESIDED AND LED THE ASSEMBLY IN THE PLEDGE OF ALLEGIANCE.
A CENTENNIAL INDEPENDENCE DAY CELEBRATION WILL BE HELD ON SUNDAY, JULY 2, 1995 BEGINNING AT 1:00 P.M. THIS EVENT WILL FEATURE A FREE BARBECUE FROM 1 PM-3PM; CARNIVAL WITH GAMES AND AMUSEMENTS FOR THE WHOLE FAMILY, THE ROGER WILLIAMS MOBILE ZOO, KIDS BREAK, 12 PIECE BAND CONCERT FROM 6-9 PM, HISTORICAL EXHIBITS, B-101 FM LIVE WITH FREE GIVEAWAYS FROM 3-6 PM, AND WORLD CLASS FIREWORKS AT 9:00 P.M. ALSO A SQUARE DANCE DEMONSTRATION AT 2:00PM. THE EVENT WILL TAKE PLACE AT HIGGINSON AVE. SPORTS COMPLEX. FOR FURTHER INFORMATION CALL JOHN LEFRANCOIS.
RESOLUTION GRANTING AN EASEMENT TO JOHN AND STEPHANIE GORCYNSKI.
SO INTRODUCED.
RESOLUTION IN SUPPORT OF HOUSE BILL 95-H6418 RELATING TO TAXATION-HOMEOWNERS EXEMPTION.
REP. ROBERT BROUSSEAU EXPLAINED THE PURPOSE OF HIS LEGISLATION WHICH ALLOWS THE COUNCIL TO ORDAIN A $15,000 CAP OF WHICH THE COUNCIL COULD SET ITSELF WHICH CATEGORY WOULD RECEIVE WHAT TYPE OF LEGISLATION. HE EXPLAINED THE DIFFERENCE BETWEEN HIS BILL AND SENATOR ISSA'S BILL. HE STATED THAT THE ORDINANCE THE COUNCIL ENACTED HAS NO FORCE BECAUSE THERE IS NO LEGISLATION COVERING THIS INCREASE.
COUNCILWOMAN MOREAU ASKED THE CITY SOLICITOR IF HE WOULD AMEND THE RESOLUTION TO READ $5,000 FOR ALL CATEGORIES.
DISCUSSION ENSUED BETWEEN REP. BROUSSEAU, COUNCILWOMAN MOREAU AND THE ACTING CITY SOLICITOR.
COUNCIL PRESIDENT CANAVAN QUESTIONED REP. BROUSSEAU WITH REGARDS TO THE CATEGORIES IN WHICH THE EXEMPTION WOULD APPLY.
COUNCILMAN MATTHEWS ASKED REP. BROUSSEAU IF HE COULD ASK FOR PASSAGE OF THE LEGISLATION IF THE COUNCIL PASSED THE RESOLUTION BEFORE THEM.
REP. BROUSSEAU STATED THAT THE HOUSE WOULD NOT PASS ANY LEGISLATION UNLESS IT RECEIVED A RESOLUTION FOR PASSAGE OF THIS LEGISLATION.
COUNCILMAN MATTHEWS STATED THAT HE WOULD SUPPORT THE RESOLUTION EXACTLY AS IT IS WRITTEN.
COUNCIL PRESIDENT CANAVAN QUESTIONED REP. BROUSSEAU.
COUNCILMAN MATTHEWS STATED THAT THE WHOLE IDEA OF THIS EXEMPTION AND RESOLUTION IS TO CREATE OWNER OCCUPIED HOUSING.
REP. BROUSSEAU COMMENTED ON COMMERCIAL AND RESIDENTIAL UNITS AND CONSTITUTIONAL OBJECTIONS.
DISCUSSION CONTINUED.
MOTION WAS MADE BY COUNCILMAN MATTHEWS TO APPROVE SECONDED BY COUNCILMAN GOES.
| COUNCILMAN MATTHEWS | YES |
| COUNCILMAN GOES | YES |
| COUNCILMAN PAQUETTE | YES |
| COUNCILWOMAN MOREAU | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
COUNCIL PRESIDENT CANAVAN COMMENTED ON CHARTER REVISIONS AND IF A RESOLUTION HAS TO BE PASSED REQUESTING THE GENERAL ASSEMBLY TO PLACE THE QUESTION ON THE BALLOT.
REP. BROUSSEAU REPLIED THAT HE THOUGHT THAT A NEW RESOLUTION HAS TO BE PASSED STIPULATING WHICH BALLOT THE REFERENDUM WOULD BE PLACED ON.
COUNCILMAN MATTHEWS STATED THAT THE RESOLUTION WAS SEVERAL YEARS AGO AND WAS PLACE ON THE BALLOT THROUGH THE SECRETARY OF STATE'S OFFICE.
COUNCILMAN MATTHEWS ASKED THE CITY SOLICITOR FOR AN OPINION AFTER RESEARCHING THE RHODE ISLAND CONSTITUTION REGARDING CHARTERS AND TO REPORT TO THE COUNCIL ON WHAT THE PROPER AVENUE WOULD BE TO TAKE FOR THIS REVISION.
AN ORDINANCE AMENDING CHAPTER 38 ENTITLED TRAFFIC AND VEHICLES OF THE REVISED ORDINANCES.
COUNCILMAN GOES RELATED THAT THIS SHOULD BE FINAL PASSAGE .
MATTHEW OLIVEIRO STATED THAT SECTION 38-7 OF THE REVISED ORDINANCE SETS THE PENALTY PROVISION FOR THIS ORDINANCE.
COUNCIL PRESIDENT CANAVAN OPENED THE MEETING TO A PUBLIC HEARING. NO COMMENTS WERE MADE. PUBLIC HEARING CLOSED.
MOTION WAS MADE BY COUNCILMAN GOES TO APPROVE FOR FINAL PASSAGE AND SECONDED BY COUNCILWOMAN MOREAU.
| COUNCILMAN MATTHEWS | YES |
| COUNCILMAN GOES | YES |
| COUNCILMAN PAQUETTE | YES |
| COUNCILWOMAN MOREAU | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
F O P PETITION
COUNCIL PRESIDENT CANAVAN READ A LETTER FROM THE FOP LODGE WHICH ASKED THE COUNCIL FOR ADVISE IN THE HIRING OF A POLICE CHIEF. THE LETTER WAS DATED JUNE 26, 1995 AND SIGNED BY JOSEPH GREENLESS, VICE PRESIDENT LODGE 2.
ACTING CITY SOLICITOR MATTHEW OLIVERIO STATED THAT NO DOCUMENT GAVE A CLEAR POSITION ON THE HIRING OF A POLICE CHIEF. HE STATED THAT IN DETERMINING THE POLICY HE USED THE CHARTER, THE UNION CONTRACT AND THE REVISED ORDINANCES. HE EXPLAINED THAT THROUGH ARBITRATION THE JUDGE DETERMINED THAT THE CHIEF DID NOT HAVE TO BE CHOSEN FROM THE RANKS. THE SOLICITOR STATED THAT THE PERSONNEL BOARD SHALL APPOINT A CANDIDATE FROM AN ELIGIBILITY LIST FROM THE RANK OF LT. OR HIGHER. HE CONTINUED TO EXPLAINED THE PAST PROCEDURE FOR THE CHOOSING OF THE CHIEF. HE STATED THAT HE USED THE ORDINANCE AND THE CHARTER. HE STATED THAT THE PERSONNEL BOARD MET LAST WEEK AND ENACTED A POLICY FOR THE SELECTION OF THE POLICE CHIEF. HE STATED THAT THE BOARD HAS DECIDED TO FORM A SCREENING COMMITTEE, THEIR PURPOSE WOULD BE TO TAKE ALL APPLICATIONS AND REVIEW THEM. MEMBERS OF THE COMMITTEE INCLUDE 3 POLICE CHIEFS, A MEMBER OF THE BUSINESS COMMUNITY AND A LABOR LAWYER. A POINT SYSTEM WAS SET UP WHICH GAVE 15 POINTS TO THE SCREENING COMMITTEE, 15 POINTS THE WRITTEN EXAM, EDUCATION 5 POINTS AND PUBLIC SAFETY 5 POINT FOR A TOTAL OF 40 POINTS. HE STATED THAT IT IS HIS POSITION THAT THE PERSONNEL BOARD HAS THE
AUTHORITY TO ENACT THIS POLICY AND THIS WAS DONE TO ELIMINATE POLITICS AS MUCH AS POSSIBLE AND TO CHOOSE THE BEST QUALIFIED PERSON FOR THE POSITION.
COUNCIL PRESIDENT CANAVAN OBJECTED TO 15 POINTS FOR THE SCREENING COMMITTEE AND ASKED WHY THE BOARD DIDN'T ADHERE TO THE ORDINANCE RELATIVE TO SCORING AND HIRING.
MATTHEW OLIVERIO EXPLAINED THAT BECAUSE OF THE ARBITRATION AWARD THE CITY HAD TO BE FAIR AND REASONABLE FOR ALL APPLICANTS SO THAT EVERYONE IS TREATED EQUALLY WHERE THE ORDINANCE DEALING WITH PROMOTION FROM WITHIN THE DEPARTMENT.
COUNCIL PRESIDENT CANAVAN COMMENTED THAT THE PERSONNEL BOARD HAD THE RIGHT TO CREATE A POLICY. HE STATED THAT HE DIDN'T FEEL THE COUNCIL'S RIGHTS UNDER THE ORDINANCE SHOULD BE ABROGATED TO THE BOARD. HE THEN READ FROM ARTICLE 6 SECTION 3 OF THE ARBITRATOR'S DECISION.
DISCUSSION BETWEEN THE SOLICITOR AND THE COUNCIL PRESIDENT CONTINUED.
COUNCIL PRESIDENT CANAVAN RELATED THAT HE DID NOT OBJECT TO A SCREENING COMMITTEE, HOWEVER, THEY SHOULD NOT HAVE THE FINAL SAY IN THE APPOINTMENT NOR SHOULD THEY ASSESS POINTS IN THE SELECTION. HE STATED THAT THE BOARD IS GIVING AWAY AUTHORITY THAT THEY DON'T HAVE.
COUNCILMAN MATTHEWS COMMENTED.
MATTHEW OLIVERIO STATED THAT THE CHARTER ENABLES AND ALLOWS THE PERSONNEL BOARD TO SET POLICY AND IF THERE IS A CONFLICT BETWEEN THE CHARTER AND THE ORDINANCES THEN IN HIS OPINION THE CHARTER WOULD PREVAIL. HE CONTINUED HIS ARGUMENTS WITH REGARDS TO THE BOARD'S AUTHORITY.
COUNCILMAN MATTHEWS ASKED QUESTIONS RELATIVE TO THE CHARTER AND THE PERSONNEL BOARD. HE ALSO COMMENTED ON AN ORDINANCE ENACTED BY THE COUNCIL. HE STATED THAT THE COUNCIL, TWO YEARS AGO, ENACTED AN ORDINANCE WHICH SPECIFICALLY ADDRESSES POLICE DEPARTMENT PROMOTIONS AND HIRING. HE STATED THAT HE DID EXTENSIVE RESEARCH. HE QUOTED FROM THE ORDINANCES RELATIVE TO THE PROMOTIONS AND HIRING AND THE POINTS IN THIS HIRING PROCEDURE. THIS WOULD BE A 35 POINT SYSTEM.
DISCUSSION CONTINUED ON THE ORDINANCE.
COUNCILMAN MATTHEWS STATED THAT THERE IS NO NEED FOR A SCREENING BOARD WHEN THE ORDINANCE ENACTED TWO YEARS AGO ADDRESSES THE HIRING OF THE CHIEF.
DISCUSSION CONTINUED BETWEEN MATTHEW OLIVEIRO AND COUNCILMAN MATTHEWS.
COUNCILWOMAN MOREAU STATED THAT SHE IS NOT IN FAVOR OF THE BOARD AND THAT THE MAYOR SHOULD USE HIS AUTHORITY AS IS PROVIDED FOR BY THE ORDNANCE WHICH ALREADY ADDRESSES THE PROMOTION ISSUE TO CHIEF AND IT
IS HER OPINION THAT THE COUNCIL'S AUTHORITY IS BEING CIRCUMVENTED.
COUNCIL PRESIDENT CANAVAN COMMENTED.
MEETING RECESSED AT 8:45 P.M.
RECONVENED AT 8:50 P.M.
THE COUNCIL PRESIDENT OPENED THE MEETING TO THE PUBLIC.
FORMER COUNCILMAN ALBERT LAROCHE STATED THAT THE COUNCIL SHOULD APPROVE ANY POLICY CHANGE MADE BY ANY BOARD.
COUNCIL PRESIDENT CANAVAN ASKED WHAT WAS THE INTENT UNDER CHAPTER 10 OF THE CHARTER. HE QUOTED FROM THE CHARTER RELATIVE TO THE DUTIES OF THE PERSONNEL BOARD.
COUNCILMAN MATTHEWS COMMENTED.
MR. LAROCHE ASKED WHAT IS THE COUNCIL GOING TO DO ABOUT THIS MATTER.
COUNCIL PRESIDENT CANAVAN COMMENTED ON THE CHARTER AND ORDINANCE RELATIVE TO THESE PROMOTIONS.
THE COUNCIL OBJECTS TO THE POLICY VERSUS THE ORDINANCE.
DISCUSSION CONTINUED BETWEEN THE COUNCIL AND THE SOLICITOR.
COUNCILMAN MATTHEWS HAS NO OBJECTION TO THE SCREENING BOARD, BUT AS HE SEES IT, THERE IS NO AUTHORITY FOR THE BOARD TO GIVE POINTS IN THIS PROCESS.
COUNCILWOMAN MOREAU STATES THAT SHE HAS A SERIOUS PROBLEM WITH NOT ONE MEMBER OF THIS BOARD BEING FROM CENTRAL FALLS.
COUNCIL PRESIDENT CANAVAN STATED THAT HE FEELS THAT ITS THE PERSONNEL BOARD'S RESPONSIBILITY TO SEE TO IT THAT THE ORDINANCE IS CARRIED OUT.
COUNCILWOMAN MOREAU STATED THAT SHE WOULD LIKE TO SEE THE ORDINANCE FOLLOWED. HOWEVER, THAT THERE SHOULD BE SOMEONE FROM THE BOARD WHO IS FROM THE CITY.
COUNCIL PRESIDENT CANAVAN STATED THAT HE DOES NOT OBJECT TO THE SCREENING COMMITTEE, USE PEOPLE FROM THE CITY, AND FOLLOW THE ORDINANCE.
COUNCILMAN PAQUETTE STATED THAT THE CITY COUNCIL ENACTED AN ORDINANCE AND IT SHOULD BE FOLLOWED. THE SCREENING BOARD SHOULD COME FROM THE CITY.
COUNCILMAN MATTHEWS STATED THAT WITHOUT QUESTION THE ORDINANCE AND CHARTER SHOULD BE ADHERED TO HE SAID HE HAD NO OBJECTION TO A SCREENING COMMITTEE AS LONG AS THEY STAY WITH ORDNANCE AND THE BOARD SHOULD COME FROM THE CITY.
COUNCILMAN GOES STATED THAT THE BOARD SHOULD HAVE MEMBERS FROM THE CITY.
MATTHEW OLIVEIRO STATED THAT HE WILL SHARE THE COUNCIL'S COMMENTS WITH THE PERSONNEL BOARD, MAYOR AND PERSONNEL SPECIALIST.
MR. LAROCHE STATED THAT THE COUNCIL SHOULD GET A WRITTEN LEGAL OPINION ON THE MATTER.
COUNCIL PRESIDENT CANAVAN ASKED IF THE CHARTER REVISION COMMISSION ORIGINALLY APPOINTED BY THE MAYOR SHOULD BE ELECTED OR APPOINTED.
RECESS AT THE CALL OF THE CHAIR OVER THE POLICE ISSUE.
COUNCIL WILL MEET ON THURSDAY JULY 6TH.
COUNCILWOMAN MOREAU ASKED FOR A MOMENT OF SILENCE IN THE PASSING OF EDWARD GIOVANNI AND ALFRED GAUMOND MEMBERS OF THE PUBLIC WORKS DEPARTMENT.
INTERPRETERS FOR THE HEARING IMPAIRED AVAILABLE UPON 72 HOUR NOTICE MADE AT THE CITY CLERK'S OFFICE
________________________________________
ELIZABETH A. CROWLEY, DEPUTY CITY CLERK