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(The following is not a verbatim transcript of comments or discussion that occurred during the meeting, but rather a summarization intended for general informational purposes. All motions and votes are the official records).
SPECIAL MEETING – CITY COUNCIL
-JUNE 11, 2024-
Special meeting of the City Council was held on Tuesday, June 11, 2024 in the Council Chambers, City Hall, Cranston, Rhode Island.
The meeting was called to order at 6:30 P.M. by the Council President.
Roll call showed the following members present: Councilwomen Renzulli (appeared at 6:35 p.m.), Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice-President Vargas and Council President Marino -7.
Absent: Councilmen Ferri and Paplauskas -2.
Also Present: John Verdecchia, Assistant City Solicitor; David DiMaio, City Council Budget Analyst; Rosalba Zanni, Assistant City Clerk/Clerk of Committee.
City Legal Counsel: (1) letter of engagement addendum (vote to approve/reject); (2) Mayor Kenneth J. Hopkins v. Thomas Zidelis, in his official capacity as finance director for the City of Cranston et al., as set forth in the Executive session portion of this agenda. Legal Counsel discussion only as to the fiduciary and other duties of council members with respect to legal matters wherein the Mayor/Administration and the Council are opposing one another as litigants in an action pending before a Court of competent jurisdiction.
Upon open call by an affirmative vote of a majority of the members present, the City Council will convene in a closed session pursuant to RIGL 42-46-5(a)(2) for litigation matters as listed on the agenda in the sections that follow:
Executive or closed session pursuant to R.I. Gen. Laws § 42-46-5(a)(2) for litigation matters re complaint filed by Mayor Kenneth J. Hopkins (as styled below) seeking a declaration that the Operating and Capital Budgets of the City of Cranston for Fiscal Year 2024-2025 is unlawful and in direct contravention of the powers and authority granted to the City Council under the Cranston Home Rule Charter to the extent it seeks to utilize the funds received by the City pursuant to the American Rescue Plan Act and exceeds the budgetary amount identified in the proposed Budgets without the appropriate action under the Charter.
Mayor Kenneth J. Hopkins v. Thomas Zidelis, in his official capacity as finance director for the City of Cranston; City Council of the City of Cranston, Rhode Island; Jessica Marino, in her capacity as Cranston City Council President, Lammis J. Vargas, in her capacity as Cranston City Council vice president; John P. Donegan, in his capacity as Cranston City councilmember; Robert J. Ferri, in his capacity as Cranston City Councilmember; Daniel Wall in his capacity as Cranston City Councilmember; Kristen E. Haroian, in her capacity as Cranston City councilmember; Nicole Renzulli, in her apacity as Cranston City Councilmember; Christopher G. Paplauskas, in his capacity as Cranston City Councilmember; Richard D. Campopiano, in his capacity as Cranston City councilmember (PC2024-03291)
On motion by Councilman Donegan, seconded by Councilman Wall, it was voted to take agenda out of order. Motion passed on a vote of 6-0. The following being recorded as voting “aye”: Councilwoman Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice-President Vargas and Council President Marino -6.
On motion by Councilman Wall, seconded by Councilman Donegan, it was voted to recess this session. Motion passed on a vote of 6-0. The following being recorded as voting “aye”: Councilwoman Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice-President Vargas and Council President Marino -6.
On motion by Councilman Donegan, seconded by Councilman Wall, it was voted to go into Executive Session pursuant to RIGL 42-46-5(a)(2). Motion passed on a vote of 7-0. The following being recorded as voting “aye”: Councilwomen Renzulli, Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice-President Vargas and Council President Marino -7.
Present in Executive Session: Councilwomen Renzulli, Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice-President Vargas and Council President Marino; Stephen Angell, City Council Legal Counsel.
On motion by Councilman Wall, seconded by Councilman Donegan, it was voted to come out of Executive Session. Motion passed on a vote of 6-0. The following being recorded as voting “aye”: Councilwomen Renzulli, Haroian, Councilmen Donegan, Campopiano, Wall and Council President Marino -6. Council Vice-President Vargas was not present for roll call vote.
On motion by Councilman Wall, seconded by Councilwoman Haroian, it was voted to seal the minutes of Executive Session. Motion passed on a vote of 7-0. The following being recorded as voting “aye”: Councilwomen Renzulli, Haroian, Councilmen Donegan, Campopiano, Wall, Council Vice President Vargas and Council President Marino -7.
Council President Marino stated that there were two motions made in Executive Session:
1. Motion to hire Angell Law LLC as legal counsel to the City Council in its capacity continuing as City Council Attorney and to begin as litigation counsel for the City Council. Attorney Angell added: with respect to PC2024-03-291 Mayor Kenneth J. Hopkins vs. Thomas Zidelis in his capacity as Finance Director for the City of Cranston and each of the Council Members named individually in their capacity and he will be representing each Council Member in that capacity only. Council President Marino stated that that motion passed in Executive Session as follows: Councilwoman Renzulli -no, Councilwoman Haroian -yes, Councilman Wall -yes, Councilman Campopiano -yes, Councilman Donegan -yes, Council VicePresident Vargas-yes and Council President Marino-yes.
2. Motion to approve the contract to engage the services of Angell Law LLC as hired in previous motion and to allow for the fixing of the President’s signature on that contract as part of the record. That motion passed in Executive Session as follows: Councilwoman Renzulli -no, Councilwoman Haroian -yes, Councilman Wall -yes, Councilman Campopiano -yes, Councilman Donegan -yes, Council Vice-President Vargas -yes and Council President Marino -yes.
Council President Marino stated that there is a new business agenda and asked Attorney Angell to speak.
Attorney Angell pointed out that the contract provided to the Council this evening will be signed by the Council President. He will scan it in and will make it available for public and the Council once it is scanned in. The Council has been sued. It is a matter of public record. We will not be discussing the suit in public. He will be addressing the Council in subsequent Executive Sessions as to what it is we will be doing about that and he will be filing Entries of Appearance in the Case in the coming days and answer the Complaint and conversing with opposing Counsel with respect to the assignment of Justice in the Case. We have a Court date on June 21st at 9:30 a.m.
The meeting adjourned at 8:25 p.m.
Rosalba Zanni
Assistant City Clerk/Clerk of Committees
Minutes approved as written June 24, 2024
Attest:
Tracy A. Nelson, City Clerk