City of Central Falls
Regular City Council Meeting
City Hall Council Chambers
At 7:00 P.M.
Monday, December 11, 2000
A Regular Meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 7:00 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Robichaud
Councilman Lazieh
Councilman Noury
Quorum present.
Council President Gene R. Noury presided and introduced St. Matthew Boy Scout & Weeblos Troop #2 who led the assembly in the Pledge of Allegiance.
After the Pledge of Allegiance the individual scouts were publicly introduced as:
Jonathan, Nicky, & Jesus Japaro of King Street,
Philip Gomez of King St. James Aubin of Chestnut St.
and Ryan Bradley of Hunt St.
Council President Noury asked the Troop what the Scout Motto is and they replied "Be Prepared."
Pursuant to 42-46-5 (a) 1) Discussion of health condition allowing for the disability retirement of Central Falls Firefighter Pvt. David P. Brousseau.
Motion to table was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Bd. Of Pension & Retirement: re: Disability pension Pvt. David P. Brousseau.
Motion to table was made by Councilman Lazieh and seconded by Councilman Leger.
Motion carried 4 - 1 Councilman Robichaud voted no.
Mr. Doug Pendergrass of 97 Clay St. stated that in 1995 he ran for City Council that was at odds with the Mayor. He stated that when this happens nothing gets done. He commented on abuse of power and he spoke against privatization of public services. He stated that he supported Question #7 on the ballot and stated that it was a good thing. He commented on the letter sent to the Mayor's political friends. He stated that the people gave a message to the Mayor who spent money without total regards of the taxpayer. He commented on the Department of Public Works as well as the Police and Fire Departments.
Rick Aubin of 127 Chestnut St. updated the Council on the Boy Scout Troop and the parental participation with the troop. He spoke on the different areas being accomplished by the troop.
Council President Noury asked how could someone enroll a youngster.
Mr. Aubin gave his telephone number as related that the troop meets at St. Elizabeth Ann Seton Academy every Tuesday from 6p.m -7 p.m.
Regular Meeting-October 23, 2000; Special Meeting October 25, 2000;
Regular Meeting November 6, 2000
Motion to accept collectively and place on file was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
a) Gertrude B. Chartier, Registrar Bd. Of Canvassers: Re: November 7, 2000 Election-Local Question.
b) John P. Kuzmiski, Finance Director: Re: Request for Financial Information by Thomas Lazieh.
c) John P. Kuzmiski, Finance Director: Re: Savings due to Privatization requested by Jason Leger.
d) James A. Briden, City Solicitor/Matthew T. Oliverio, Assistant City Solicitor: Re: Councilmanic Investigation/Inquiry.
e) Virginia da Mota, Special State Administrator for Central Falls School System: Re. Request from State Budget Office.
f) United States Environmental Protection Agency: Re: Banning the Sale of Mercury Fever Thermometers in stores.
g) Municipal Court Judge Raymond P. Cooney: Re: State Mandated Computer Software.
h) Bradford E. Southworth, Personnel Consultant: Re: Notice to Pvt. Brousseau of meeting relative to Disability Retirement.
i) Elizabeth A. Crowley, CMC, City Clerk: Re: Notice to China Hours.
j) Mayor Lee M. Matthews: Re: Veto -An Ordinance Requiring Detailed Monthly Balance Sheets.
k) Mayor Lee M. Matthews: Re: Veto- An Ordinance Amending Chapter 20, Article II Division 2 entitled "Labor Rights" "Removal of the Chief of the Fire Department from the Collective Bargaining Unit."
l) Supreme Court Disciplinary Board: Re: Obligation of City Solicitors to render legal advice to the City Council.
m) James Briden, City Solicitor: Re: City Council's Complaint to Rhode Island Bar Assoc.
Taken later in the meeting.
Code Enforcement
Motion to accept and place on file was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
Edward J. Stepper
NWI Investigative Group Inc.
131 Clay St.
Central Falls, R.I.
Bassam Boutros
131 Clay St.
Central Falls, R.I.
Motion to approve collectively was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
Fai Yeung
D/b/a China House
555 Dexter St.
Central Falls, R.I.
11:00 a.m.-2:00 a.m.
Councilman Robichaud questioned the applicants about the number of additional times the Police had been at the location.
Jim Briden, City Solicitor asked if the Council has received and communications from the Police Department relative to Councilman Robichaud's question.
Discussion ensued.
Councilman Robichaud stated that the Chief of Police is opposed to increasing the hours at this location and suggested that the Council table any action until the Chief can address the Council on this issue.
Councilwoman Canavan stated that the Chief should have been prepared to come to this meeting.
Solicitor Briden stated that the State states that the establishment cannot be opened later than 2:00 a.m. but that it doesn't preclude the Ordinance or the Council's ability to regulate time.
Councilwoman Canavan stated that she would be willing to extend to 1am for a 6-month period.
Solicitor Briden stated that the Chief did state his opposition.
Council President Noury read a report from the Police Department, which reports events that took place back in September.
Councilman Leger stated that he drove by about mid-night and using his cell phone, tried to make an order but was refused. The owner said that they were closed.
Council President Noury asked the applicant when the last time is to place an order for take-out over the phone.
The Applicant responded about 11:50 p.m.
Motion to approve 1:00 a.m. closing with applicant not taking phone orders for take out 15 minutes before closing was made by Councilwoman Canavan and seconded by Councilman Leger.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | No |
| Councilman Lazieh | recused himself from voting as well as in participating in this decision. |
| Councilman Noury | yes |
Motion carried 3 yes 1 no 1 recuse 0 absent
Luis & Maria Taveira by Maurice R. Loiselle Agency for damages to vehicle caused by an accident which occurred on 9/16/00 with a Central Falls Police Vehicle. ($525.18).
Motion to refer to Claims Committee was made by Councilwoman Canavan and seconded by Councilman Robichaud. All Agreed. So Voted.
Jerauld Adams
85 Cross St.
Central Falls, R.I.
Term to Expire Dec. 2001
Motion to table was made by Councilman Lazieh and seconded by Councilman Leger.
All agreed. So Voted.
John M. Gancarski, Tax Assessor: Re: Abatements Tabled 11/6/00.
Council President Noury stated that he spoke with the Clerk in that Office and received the answers that he had questions about.
Councilman Lazieh questioned the number of properties taken over by the City and asked how much money was taken off the tax rolls. He stated that he asked for this at the last Council meeting and is still awaiting a response on this issue.
Council President Noury suggested that Councilman Lazieh speak with the Tax Assessor.
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud.
Motion Carried 4-1 Councilman Lazieh voted no.
a) Resolution extending the Condolences of the Central Falls City Council to the Family of the Late Linda L. Addison at the introduction of Councilman Lazieh.
b) Resolution extending the Condolences of the Central Falls City Council to the Family of the Late Faris J. Sawaia at the introduction of Councilman Lazieh.
c) Resolution extending the Condolences of the Central Falls City Council to the Family of the Late Heidi Such at the introduction of Councilman Lazieh.
Motion to approve collectively was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Councilwoman Canavan asked to address the issue of a written copy of Attorney Norman Benoit's legal opinion and stated that the City Council has failed 3 times in their attempt to obtain this opinion. She stated the measures taken to obtain the document and asked through the chair if the City Council is legally allowed to obtain a copy since the local newspaper has a copy.
Assistant Solicitor Matthew Oliverio stated that generally there is an Attorney/Client privilege, But if its been disclosed by the individual the that privilege has be waived.
Councilwoman Canavan asked "then the Council is legally entitled to this document?"
Assistant Solicitor Oliverio responded yes.
Councilwoman Canavan then asked what the proper procedure would be, since this is the fourth attempt and the Council doesn't wish to be stopped by another technical error, to obtain these documents.
Assistant Solicitor Oliverio responded that the Council could send a letter to the Mayor or call him and that there no magical way to obtain this information.
Council President Noury stated that he disagrees with that and echoes Councilwoman Canavan's feelings and he directed the Assistant Solicitor to provide the legal and proper way in which the Council can request receiving Mr. Benoit's opinion that has been made public to the local press. He directed that the Assistant Solicitor file the formal complaint that needs to be filed in the proper legal terms under the State Law governing that section so that this Council may indeed receive what Mr. Benoit opinion is.
City Solicitor Briden stated that he didn't believe that the Council wants to file a complaint but make a request for information. He explained that what the law provides is the party requesting the document simply puts that request in writing and sends it to the party that is believed to posses the document. He stated that individual then has 10 days to respond to that request. He said that the response could be to set up a meeting for the individual to have access to the request or that it is not a public record and falls within one of the exceptions. He stated that the Council simply needs to make the request and then wait for the response.
Council President Noury stated that whatever needs to be done since the Council has been asking for this since August and was assured by the Solicitor that they would receive a copy.
Solicitor Briden interjected that the Council was never assured of that and given the number of complaints that the Council has filed with the Attorney General's Office the Council has the capability of writing a letter making a request of that nature. He stated that as far as he is concerned its not a legal issue and its not a function of the Department and the Department will not do that.
Council President Noury asked if the Legal Department is stating that the Department will not put this request in proper legal form as was stated by both the Solicitor and Assistant in the past and that the Solicitor is stating that this is not a legal matter.
Solicitor Briden stated that he doesn't consider this to be a function of the Department and that any member of the Council is capable of writing a letter to any department making a request under the access to public records act. He said its been done repeatedly and its been done recently by Councilman Lazieh and Councilman Leger. He said that's all that needs to be done here a letter sent to the Mayor requesting the opportunity to inspect or copy this opinion and then let the Mayor respond. He said that's all that needs to be done. There's no role to be played its merely a letter.
Council President Noury stated that he disagrees because in the past the Council has requested public information and has been denied access because of the fact that it wasn't in proper legal form as required by the statute and he disagrees that its not a legal issue the statute says it should be requested in proper legal form. He stated that the Assistant Solicitor Matthew Oliverio said before that Mr. Oliverio testified before in mid year, regarding a legal matter, one meeting Mr. Briden attended the next meeting Mr. Oliverio attended and the meeting after that Mr. Briden and Mr. Oliverio attended and the Council had to wait two to three months before a simple request could be made only to be advised that it had to be put in proper legal form. The Council President directed the Solicitor to file the proper legal form under the statute requesting the receiving of Public information.
Solicitor Briden responded that he doesn't consider this to be a function of the Legal Department and stated that the Council is capable of writing a letter requesting the opportunity of inspecting or copying a document and repeated that he doesn't consider this a legal matter per say or falling within the duties of the Legal Department as described in the Charter. He said all the Council is doing is requesting the opportunity -I hereby request the opportunity to inspect or copy the legal opinion of Norman Benoit-one sentence triggers the act and that's all that is required and he said that he doesn't consider that a function of the legal department and that he is not doing that.
Council President Noury asked Mr. Oliverio if at one time, a couple of months back, when the Council informed him that they were looking for a certain request and Mr. Oliverio said it had to be put in proper legal form so that the parties is served notice that this is indeed an official request under the State statute?
Mr. Oliverio stated that what he said was that the Council is making the request under the access to public records act that the Council should make it clear that they are making that request under that act which then triggers the time period.
Council President Noury stated to Mr. Briden that this is what the Council is requesting now.
Mr. Briden responded that the request is under the access to public records act -I hereby request a copy of-then whatever the Council wants a copy of listed.
Council President Noury then asked the Solicitor if he is refusing to do that.
Mr. Briden replied given the number of complaints and requests made by this council he feels the Council is in a position to draft that letter.
Council President Noury responded that since the Council members are not attorneys it is probably the reason some of their requests have ended up in failures and the Council still sits here without the document, the public information, that the Council is looking for and the gentleman sitting next to the Solicitor, taking notes has a copy of it and this body, this separate but equal part of government still has not received that opinion and the Council is directing you, and if you refuse a directive, now that ok.
Mr. Briden responded yes we do.
Councilwoman Canavan asked is it legal or Mr. Briden personally.
Mr. Briden responded the Legal Department is not going to draft this letter the department is not gong to be put in the middle. The Department has had to spend a ridiculous amount of time responding to these complaints which have been filed with the Attorney General's Office which have been without basis and he thinks that this Council is capable of writing a short letter which would trigger the act requesting the documents it has been done time and time again and in light of the number of complaints which have been field with the Attorney General's Office and the position it puts this department in that has to play a role in answering these complaints and so he doesn't feel that request is appropriate. He said it would have been different earlier in the year before the onslaught of frivolous complaints but things have changed and so from this point forward the Council can handle that request on their own and he doesn't feel that this is a function of the Legal Department. He stated that he is not declining because he doesn't consider it the role of the Department. It's not one of the Department's duties.
Councilman Leger stated that he would be honored to write the letter and asked if the Solicitors, if the Council doesn't receive the information in the ten days, would they then pursue it for the Council then?
Mr. Briden responded that he doesn't feel it would be appropriate for the Legal Department to file complaints against the Administration under the act.
Councilwoman Canavan stated that she's a little confused and that she understands that it's not proper for the Legal Department to file a complaint against the Administration since they work for the Administration but she asked who filed the Complaint for the Mayor that was filed against the Council since the Legal Department also works for the Council who wrote that complaint and sent it in?
Mr. Briden responded that the Legal Department has nothing to do with that complaint.
Councilwoman Canavan asked if the Mayor wrote that complaint himself?
Mr. Briden responded that he doesn't know who wrote the complaint but that the Legal Department has nothing to do with that complaint.
Councilwoman Canavan stated that it was very, very legal. She stated that she believes that the Council should accept their refusal and continue on with business and just let the record show that they have refused.
Councilman Lazieh stated that he understands the frustration of the City Solicitors and that this is also a frustrating time for the Council. He said that at no time has he individually filed a complaint against the Administration or anyone else with the Attorney General. He said since his election in November of 1999 he as requested certain information from various departments and although he has received some information he has not received all that he requested. He stated that as recently as August 1, 2000 he requested information. He proceeded to read the letter he sent requesting the information. He also read from letters that he sent requesting information on September 11th and November 1, 2000. He stated to Mr. Briden that he has written to Mr. Kuzmiski and other requesting information, he's documented the request and he still has not received all the information he has requested.
Mr. Briden responded that he has worked with the Finance Director on all of these requests throughout the year and the Finance Director is not required to create a document and in many instances the Finance Director is allowed to refer to another document so that the individual requesting the information is directed to the source of that information which in his opinion the Finance Director has complied with the State Law. He repeated that with regard to the opinion of Normand Benoit the cc of a letter does not trigger the act in his opinion and it may not be a public record, the fact that the opinion was given to a reporter is not the same as if the opinion were introduced at a public meeting and that is what is required and that's the issue.
Councilwoman Canavan stated that the Assistant City Solicitor stated that the opinion is a public record while the Solicitor is stating it may not be a public document. She stated that she feels the Mayor made is a public document by giving it over to the newspaper. She asked is this a public document? One Solicitor says it is the other says he doubts it.
Mr. Oliverio responded that he did not say that it was a public document he said that if it was turned over to a third party it may have waived a privilege, the Attorney/Client Privilege.
Mr. Briden stated for the sake of clarity that is to be distinguished from whether something becomes a public record subject to the act. The rule is that if it is introduced at a public meeting it becomes a public record, handing it to a reporter is not the same as introducing it at a public meeting.
Council President Noury stated for the record that the Legal Department has refused to send a request for the information to the Mayor.
Councilman Lazieh stated that any document that is received by the Administration and is referred to as confidential in nature, like any individual that works for the administration and works for the City, as well as any legislative body, should be privy to all confidential information whether or not it is discussed in Executive Session to any Council elected officials of the City. The Council is client to Bond Counsel as is any individual that works for the City and so Attorney/Client privilege does not exclude the Client so the Council should not be excluded from any of this information.
Councilwoman Canavan stated she is in receipt of a correspondence from the Office of the Attorney General that a complaint has been filed by Mayor Matthews regarding the committee of fiscal affairs. She stated that there is an error in the complaint saying that it only names four members of the Council and Judge Sawyer. She said that actually it is the 5 members of the Council plus Attorney Sawyer because the President of the Council appointed all five members of the Council to be on the committee and there was not one member who indicated that they did not want to be on the committee and that there was not one member who took themselves off the committee so as of now the Committee consists of the five members of the Council plus Attorney Sawyer. She stated that the Council has ten days to respond to the complaint. She stated that when the Council filed their complaint the Mayor had the use of the Legal Department to respond to the complaint and she stated that she assumes that the Legal Department will respond for the Council on this complaint since the Charter requires the Legal department to represent the City Council. She asked the Solicitor if there was any problem with them representing the Council in this matter.
Mr. Briden stated that he would research that issue with regard to what role the Legal Department would play relative to this complaint.
Councilwoman Canavan stated that the deadline is next Friday and the Council would have to prepare a defense. She asked would the Council hear from the Solicitor by tomorrow.
Mr. Briden stated that he will decide what the Legal Department will do since the Charter - Section 2-106 states that if the Legal Department officially declines to give legal advice to the Council then it is appropriate for the Council to obtain outside representation and that's the issue. He said the Council would get representation whether by the Legal Department or outside legal counsel.
Councilwoman Canavan said that this is why she is asking the Legal Department if they will handle the complaint.
Mr. Briden responded that he wanted to think about it because the Department has been representing the Administration in responding to the complaints to the Attorney General's Office by the Council and he wanted to analyze it in that context.
Council President Noury commented that he finds this contradictory, the Legal Department finds this committee to be illegal, but the Mayor files a complaint against the committee. Council President Noury stated that obviously the Mayor recognizes the committee in spite of the fact that the Legal Department found the Committee illegal.
James Briden asked how would that be contradictory when what he's saying is that it may be appropriate for the Council to have its own Attorney.
Council President Noury responded that what is contradictory about it is the Legal Department's opinion that the committee is illegal and the memo sent to all employees stating that the committee is illegal and advises them not to participate and then the Mayor files a complaint against the committee which in his opinion legitimizes the committee.
James Briden responded that the issues of whether the committee is illegal has no bearing on whether there has been violations of State Law.
Councilman Robichaud stated that a few moments ago Councilwoman Canavan said that all members of the City Council are part of the Committee and that an error was made when the complaint was filed. He remarked to the President that at the time the committee was formed the Council President when asked by Councilwoman Canavan if all the members of the Council was part of the Committee stated that they are by the order of the Council President.
Councilman Robichaud stated that since that time and upon the legal advise of the City Solicitors he has not participated in any of the Committee's meetings nor was he attendance when they met and that is why he is not named in the complaint.
Councilman Robichaud continued and with his remarks stating that he did not participate in the meetings and he wants that on the record.
Council President Noury responded that he did not order anyone.
Councilman Robichaud stated that the Council President did order that all members are on the committee and that these remarks are on tape.
Council President Noury stated that he followed the Charter that requires that any investigative committee must be comprised of the entire Council.
Councilman Robichaud repeated that the Council President ordered him to be on the committee and that he has refused to participate in the committee.
Council President Noury to clarify for the record stated that he did indeed appoint Councilman Robichaud to that committee.
Councilman Leger remarked that he doesn't appreciate being referred to as a part of a Circus and that anyone watching know where the circus is.
Council President Noury interjected and reminded Council Members to keep a proper decorum.
Mr. Briden stated that anyone who is on the Council could decline to sit on any committee and that given the roll the legal department has taken in response to complaints to the Attorney General's Office he stated that it is appropriate for the legal department to decline to represent the Council in the complaint and that the City Council should seek outside legal counsel for the purposes of representation. He feels that the Council would feel more comfortable with this decision.
Council President Noury agreed that this decision is good not only for the City Council but for the Solicitors as well.
Mr. Briden stated for the record that he is making this his recommendation. He stated that with regard to who represents the Council for this complaint should be up to the Council but he stated that whatever fee agreement is made should be reasonable.
Councilman Lazieh asked that the Solicitor put the recommendation in writing and asked if this recommendation is solely for the representation of this matter or for any other matter that the Council needs advice for.
Mr. Briden stated that 2-106 of the Charter requires the Department to evaluate each case on its own because is says if the department fails or declines. He said in this case its appropriate and that it can be handled in the same way for any other future cases.
Council President Noury stated that as it now stands it would be for this issue only and that each issue would be handled individually.
Councilman Lazieh commented on the 99 Kendall Street issue that was previously before the City Council in the form of a Resolution that he presented. He stated that at that meeting the Solicitor recommended that no action be taken by the City Council so that it can be pursued through other avenues. He asked the Solicitor what actions if any have been taken.
Mr. Briden stated that he filed a complaint in the Municipal Court that was scheduled for December 16th but he was informed by the Clerk that the calendar is continued to the middle of January.
Councilman Robichaud stated that he spoke with Minimum Housing and that the property will be torn down within the next few weeks by the owner.
Mr. Briden stated that he is aware of these discussions but is still proceeding with the process to make sure that this is followed through.
Councilman Lazieh stated that if no action has been taken by the middle of January he would take further Council action.
Adopt Tentative Schedule of Regular City Council Meetings- 2001
Councilman Lazieh asked to hold until the Council could check schedules.
Motion to accept the January 8th meeting date was made by Councilman Lazieh seconded by
Councilwoman Canavan.
City Clerk informed the Council that the law requires that regular meeting be posted by the first of January.
Council President Noury asked that the schedule be approved for the year and revised as needed during the year.
Motion withdrawn.
Motion to approve calendar as presented was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
Meeting recessed.
Meeting reconvened.
Councilman Lazieh reminded the Council that he fully expects that the 1999 Audit will be completed prior to December 31, 2000 he stated that he expects that to take place and hopes that is the case.
Council President Noury returned to Agenda Item # 7 Correspondences.
7. Correspondences
b) John P. Kuzmiski, Finance Director: Re: Request for Financial Information by Thomas Lazieh.
c) John P. Kuzmiski, Finance Director: Re: Savings due to Privatization requested by Jason Leger
Motion to accept collectively and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
e) Virginia da Mota, Special State Administrator for Central Falls School System: Re. Request from State Budget Office.
Councilman Lazieh stated that he has contacted the Superintendent to have a meeting with the City Council on January 29th.
Council President Noury stated that he contacted the State Administrator and stated that the City is in no position at this point to take on the financial responsibility of the Schools.
Motion to accept letter and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Councilman Lazieh asked that a copy of this letter be sent to the Administration and that the Mayor give an opinion on this letter.
f) United States Environmental Protection Agency: Re: Banning the Sale of Mercury Fever Thermometers in stores.
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
g) Municipal Court Judge Raymond P. Cooney: Re: State Mandated Computer Software.
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Councilman Lazieh stated that this is a financial matter and he asked that the Administration provide the Council with details on how this will be accomplished in the necessary time required.
h) Bradford E. Southworth, Personnel Consultant: Re: Notice to Pvt. Brousseau of meeting relative to Disability Retirement.
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Councilman Lazieh commented on the documentation and stated that this is not the request of Private Brousseau.
i) Elizabeth A. Crowley, CMC, City Clerk: Re: Notice to China House.
Motion to accept and place on file was made by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.
j) Mayor Lee M. Matthews: Re: Veto -An Ordinance Requiring Detailed Monthly Balance Sheets
Councilman Lazieh stated that the Council has two options one to override the Mayor's veto or to sustain the veto.
Motion to override the veto was made by Councilman Lazieh seconded by Councilwoman Canavan.
Councilman Robichaud asked if the Council could act on the veto if it is presented as a correspondence.
Assistant Solicitor Oliverio stated he didn't think so.
Councilman Robichaud stated that it has to be on the agenda.
Councilman Lazieh stated that it is on the agenda.
Councilwoman Canavan read from Roberts Rules " The reading of a communication does not in itself formerly bring a question before the assembly. After reading, or at the time provided by the order of business a motion can be offered proposing appropriate action."
Councilman Lazieh withdraws motion.
Motion to accept correspondence and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Councilman Lazieh motioned to override the Mayor's veto. Motion seconded by Councilwoman Canavan.
Councilman Leger yes
Councilman Lazieh yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Robichaud no
Motion to override veto carried 4 yes 1 no.
k) Mayor Lee M. Matthews: Re: Veto- An Ordinance Amending Chapter 20, Article II Division 2 entitled "Labor Rights" "Removal of the Chief of the Fire Department from the Collective Bargaining Unit."
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Motion to override the veto was made by Councilman Lazieh and seconded by Councilwoman Canavan.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | no |
| Councilman Lazieh | yes |
| Councilman Noury | yes |
Motion carried 4 yes 1 no.
Councilman Lazieh asked what is the effective date of the Ordinances that have been overridden.
Discussion took place.
Matthew Oliverio stated that according to the charter it would be the date of the veto override.
d) James A. Briden, City Solicitor/Matthew T. Oliverio, Assistant City Solicitor: Re: Councilmanic Investigation/Inquiry.
l) Supreme Court Disciplinary Board: Re: Obligation of City Solicitors to render legal advice to the City Council.
m) James Briden, City Solicitor: Re: City Council's Complaint to Rhode Island Bar Assoc.
Motion to accept collectively and place on file was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Council President Noury recapped the content of the letters and memos from Mr. Briden.
Councilman Lazieh stated that it is unfortunate for the Law Department to have been placed between the Administration's actions and the City Council's obligations. He stated that these are two fine Attorneys and he apologizes that these two individuals have been placed between but as a legislative body the City Council has obligations to represent the constituents of the respective wards and it is unfortunate that the Administration does not allow the Council to properly represent their ward.
Council President Noury stated that it is very disheartening by some of the letters and memos coming from the law department starting with the Memo dated October 19, 2000 advising municipal employees not co-operate with what the Council feels is their legal right by Charter to do. He said the Council believes there is a wrong going on by the unauthorized use of $267,000 of surplus funds. He stated that Mr. Briden was in contact with Judge Sawyer on the opinion and Judge Sawyer told Mr. Briden that he disagreed with his opinion and that's the legal advice that the City Council is following. Mr. Briden in that October letter commented on the outside legal opinion that the City received and stated that to this day the Council has yet to see this opinion. He stated that he was unsure on how ethical it is for Mr. Briden to advise Union Employees that they should not co-operate with the Council in their efforts to get to the bottom of what's going on with the City's finances. He stated that he finds this letter no more than an obstruction of the separate but equal part of City government to do its job. He stated that it has caused the City Clerk that illegal opinion to be derelict in her responsibilities as Charter mandated for her to be clerk of the Council. He said it has also triggered a complaint to the AG's Office that the Council may have violated the open meetings law. He said the Council doesn't agree with the Legal Department's opinion that it is illegal to conduct an investigation.
In a letter dated November 15th Mr. Briden attempts to intimidate the Council when he wrote that if the Council continues in this conduct then the Council will be proceeding in a manner contrary to the advise of the Legal Department and at the Council's own risk. He stated that this is certainly an attempt to intimidate the Council. He commented about a letter from the Disciplinary Board a body of the Supreme Court stated that the Board feels there is no basis for an investigation and the Council's glad that there is not basis for an investigation; but, Mr. Briden does not refer to what the crux of the problem is, the crux of the problem stated Council President Noury, is trying to serve two master who may have diametrically opposed views. He stated that he has been saying this for four years and that the Council needed its own attorney. He said that this present Council feels so strongly on this issue that it amended the Ordinance relative to the hiring of the Assistant City Solicitor.
Council President Noury referring to the letter from Mr. Curtin stated that if the Council feels so strongly about the representation it receives from the Solicitors that the Council should either replace the Solicitor or hire independent counsel. He stated that the Council is on its way to doing that.
Council President then referred to the letter dated December 5th where it in Mr. Briden states that its clear that the Council did not seek a legal opinion. Council President Noury stated that it's incumbent upon the Solicitor, if he thinks that the Council is about to engage in a illegal act, to speak up and let the Council know, the Council may not accept the Solicitor's opinion, but its his paid duty to inform the Council on this. Again he referred to Mr. Sawyer disagreeing with the Solicitor on these issues.
Council President Noury stated that Mr. Briden has said that the Council is clearly avoiding seeking the Solicitor's opinions. Council President Noury states that, in his opinion, is just making excuses.
Council President Noury responded to Mr. Briden's memo, which asks for an apology, by remarking that not only does the Council not thank the Solicitor for a failed attempt at Mr. Benoit's opinion but the Council will not give a public apology in this matter. He further stated that if there was a vote on the reconfirmation of Mr. Briden's appointment as Solicitor of this community he would receive a no confidence vote by more than a majority of the present Council. The Council President stated that he feel that it is Mr. Briden who is engaging in an abusive behavioral pattern. Council President Noury stated that the Solicitor has abused his office by trying to obstruct the separate but equal part of government to do its job, by trying to intimidate the Council by letter of risk and he feels that the Council would not confirm Mr. Briden as Solicitor when his name is submitted for Appointment.
The Council President stated that this is something that is unfortunate but with the lack of co-operation that it has been receiving it has no alternatives but to seek what it feels is the right thing to do on behalf of its constituents.
Councilwoman Canavan stated that she is tired of reading in the daily newspaper every day that she is involved in an illegal activity. She said that the burden of proof is on the accuser to prove that the committee is illegal. She stated that this committee is legal unless proven otherwise. She stated that the last she heard the City of Central Falls is still part of America, and, in America your innocent until proven guilty. She contends that the committee is legal until proven illegal in a court of law. She stated that she feels that it is defamation of character that they as Council people are engaged in illegal activity and challenges the Administration to take the issue to court and prove that the committee is illegal. She stated that the burden of proof is not on the Council, the burden is on the accuser, the Administration.
a) Gertrude B. Chartier, Registrar Bd. Of Canvassers: Re: November 7, 2000 Election-Local Question.
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilwoman Canavan.
Councilman Lazieh asked when this becomes effective.
Councilman Noury commented on an appeal process.
Matthews Oliverio stated that he is not familiar with State Elections Law and would have to research it.
Councilman Lazieh stated that he believes it is effective at passage by the voters and stated that he has concerns that no financial transactions take place until the effective date of this Charter amendment. And that the Council awards pertinent Contracts under this revision.
Council President Noury commented on allegations that occurred during the time this ballot question was placed before the voters. He commented on the flier that was passed out was a legitimate concern of what could have happened.
Councilman Lazieh stated that he is concerned and distressed and that it is very upsetting that a complaint has been filed. He commented on the right of free speech and free expression on this matter and is disturbed by this. He stated that he feels it was his duty and obligation to give his views and support of this Charter amendment. He commented on contract and privatization and other issues that have taken place during this year.
On the motion to accept correspondence and place on file all agreed. So Voted.
Motion to adjourn was made by Councilman Leger and seconded by Councilwoman Canavan.
All Agreed. So Voted. Time: 9:05 p.m.
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Elizabeth A. Crowley, CMC
City Clerk