CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL CHARTER REVIEW COMMISSION

Conference Room A, City Hall, 145 Taunton Avenue, East Providence, RI 02914

June 1, 2017

 

Present:  Commissioners Jason Desrosiers, Christopher Dias, John Faria, Michael Kennedy, Rick Lawson, Robert Rock, Scott Scienzo, Valerie Perry, William Fazioli, James Russo

 

Absent:  Commissioner William Conley

Also in Attendance:  Mayor James Briden, Paul Luba, Malcolm Moore, Assistant Solicitor Dylan Conley, Police Chief Christopher Parella, Firefighter David DeFonseca

 

Chairman Russo calls the meeting to order at 7:06 p.m.

 

PUBLIC COMMENT & COMMUNICATIONS

Communication from Nicholas Oliver

Communication from David DeFonseca

Motion made by Mr. Desrosiers, seconded by Mr. Kennedy and Mr. Faria, to move Nicholas Oliver’s letter to the budget section of the agenda.  Motion passes unanimously on a voice vote.

 

NEW BUSINESS

 

Approval of Minutes:

 

1.      Charter Review Commission Meeting April 27, 2017

2.      Charter Review Commission Meeting May 4, 2017

3.      Charter Review Commission Meeting May 11, 2017

4.      Charter Review Commission Meeting May 17, 2017

5.      Charter Review Commission Meeting May 25, 2017

 

Motion made by Mr. Desrosiers, seconded by Mr. Lawson, to approve the minutes of April 27, 2017.  Motion passes on a voice vote.  Mrs. Perry and Mr. Rock abstained.

 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to approve the minutes of May 4, 2017.  Motion passes unanimously on a voice vote.

 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to defer the minutes of May 11, 17, and 25, 2017.  Motion passes unanimously on a voice vote.

 

Announcements

Web page is up to date. 

 

Amendments

1.      Primary – Sections 11-14 and 11-15 (by Mr. Lawson)

Chairman Russo states that Mr. Lawson’s amendment already passed but there was a typo on the agenda and the motion needs to be reconsidered.

Motion made by Mr. Lawson, seconded by Mr. Desrosiers, to reconsider the motion.  Motion passes unanimously on a voice vote.

Motion made by Mr. Lawson, seconded by Mr. Desrosiers, to approve the changes to Section 11-14 and 11-15.  Motion passes unanimously on a voice vote.

2.      Competitive Bidding (by Mr. Desrosiers)

Chairman Russo states this amendment was approved orally, but he had a problem with the language that all contracts shall be awarded to the lowest responsible bidder.  After conferring with Mr. Conley, the language will now read “all contracts for more than an amount determined by ordinance”. The other change made by the technical amendment changed $100,000 to $50,000.

Motion made by Mr. Desrosiers, seconded by Mr. Lawson, to approve the final language.  Motion passes unanimously on a voice vote.

3.      Tax Cap (by Mr. Desrosiers)

Chairman Russo states the first half of this amendment was passed, which was to repeal the current language in Sec. 5-14 and refer to the Law Department. 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo and Mr. Lawson, to strike the language in Section 5-14 as written and approve the new language as presented by the Assistant Solicitor.  Motion passes unanimously on a voice vote.

4.      Finance Department Organizational Details – report from Law Department on possible revisions

Dylan Conley speaks on the language and says his only concern is which officer is going to perform the certification. 

Motion made by Mr. Desrosiers, seconded by Mr. Faria, to delete as established by ordinance in Section 4-17 on the amendment previously passed.  Motion passes unanimously on a voice vote.

5.      Budget Reserve Fund (by Mr. Fazioli and Mr. Desrosiers)

Mr. Fazioli speaks on the subject, saying it puts the City in a strong credit position.

Motion made by Mr. Fazioli, seconded by Mr. Desrosiers, to adopt the language to amendment Section 5-15. 

Discussion – Chairman Russo reads the letter from Nicholas Oliver (letter attached to minutes)

Chairman Russo asks Mr. Conley if the current language approved by the Commission would restrict the Council from going over the 1.75% reserve fund.  Mr. Conley responds that it doesn’t impact the intent, but suggests adding language. 

After further discussion, motion is made by Mr. Desrosiers, seconded by Mr. Scienzo, to accept a friendly amendment on the motion to substitute in the first line the second budget reserve fund to said fund and insert a period after budget reserve fund, and delete the comma.  Motion passes unanimously on a voice vote.

Mr. Fazioli reads his suggested language to the budget reserve fund.  After further discussion, a motion made by Mr. Fazioli, seconded by Mr. Desrosiers, to defer to the next meeting, passes unanimously on a voice vote.

6.      Synchronization of language on appointments of school department personnel with Title 16 (by Mr. Desrosiers and Mr. Lawson)

Mr. Desrosiers says he is trying to set language to mirror state law, giving the Superintendent appointment powers.  Solicitor Conley says he agrees with some portions of the language and has suggestions with others. 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to strike in its entirety Section 10.3 (4) and insert language suggested by the Assistant Solicitor in accordance with State law.  Motion passes unanimously on a voice vote.

7.      Appeal Rights – Section 9-1 (3) (by Mr. Desrosiers)

Motion made by Desrosiers, seconded by Mr. Scienzo, to amend Section 9-1 as presented and make it part of the Technical Amendment.  Motion passes unanimously on a voice vote.

8.      Equal Employment Opportunity (by Mr. Desrosiers)

Mr. Desrosiers states this sends a statement that we do not discriminate in the City.  Mr. Conley says there are numerous laws on this and gender identity has been discussed, but he is not sure about veterans. 

After further discussion, Mr. Lawson and Mr. Desrosiers move the question.  All in favor.

Motion made by Mr. Rock, seconded by Mr. Desrosiers, to add language in the Charter that says the City of East Providence shall prohibit discrimination against harassment consistent with Federal and State law.  Motion passes unanimously on a roll call vote.

Ayes – 10:  Desrosiers, Dias, Faria, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli, Russo

Nays – 0

Review and Discussion of Article IX – PERSONNEL - of the Charter of the City of East Providence

 

Motion made by Mr. Rock, seconded by Mr. Lawson, to move up Agenda item G.  Motion passes unanimously on a voice vote. 

 

G. Review and Discussion of Articles VII and VIII – DEPARTMENTS of POLICE and FIRE - of the Charter of the City of East Providence

 

1.         Police Department

Chief Christopher Parella addresses the commission.  Mr. Conley responds to a question from the Chief by stating the Charter will control the CBA.  He says the contract language would have control over the Charter for the existing contract, and upon its end that language would automatically be dropped and not be available to be placed back in.

 

The Chief says his first concern is about the qualifications of the Police Chief.  The CBA calls for 5 years or more above the rank of Sergeant, but Section 7-2 of the Charter can be interpreted as making a Corporal Chief.  Mr. Conley says that a provision in the CBA that goes above and beyond the charter will be upheld.

 

His second concern is with Section 7-1 (Police Department Organization).  He asks why the Council is given the authority to reorganize the police department and says he doesn’t think it makes sense to have that language.

 

Mr. Desrosiers says he will work with Mr. Conley to draft some language for next week.

 

 

2.         Fire Department

 

3. Public Safety Commission (by Mr. Desrosiers)

Chief Parella states his concerns and says he does not think this should be in the Charter.  Mr. Desrosiers asks if the Police and Fire Chief will still have the protection from the Personnel Hearing Board.  Mr. Conley says he doesn’t see why not, but the issue will be further discussed.

 

Mr. Rock says he would like to have the solicitor draft language that would remove the City Council from being able to create, divide, remove the Council’s control of the different departments and divisions.  

 

After further discussion, motion made by Mr. Rock, seconded by Mr. Scienzo, Mr. Dias, and Mr. Kennedy to add language to Section 7-2 that the Police Chief shall have at least 5 years’ experience above the rank of Sergeant.  Motion passes unanimously on a roll call vote.

 

Ayes – 10:  Desrosiers, Dias, Faria, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli, Russo

Nays – 0

 

Firefighter David DeFonseca says the rank of Captain or above would be the Fire Department requirement. 

 

Motion made by Mr. Lawson, seconded by Mr. Desrosiers, to put language in Section 8-2 that the Fire Chief shall have 5 years or more at the rank of Captain or above. 

 

The motion was withdrawn pending input from the Fire Chief.

 

4. Review and Discussion of these issues may include the proposal and or passage of amendments.

 

5-minute recess

 

1.   Management Rights (by Mr. Fazioli)

Mr. Fazioli says he is all set on this.

 

E. Review and Discussion of Article 10 – PUBLIC SCHOOLS - of the Charter of the City of East Providence

 

1.   Consolidation of Services (by Mr. Desrosiers)

Mr. Conley says that are a lot of parts to this.  Mr. Lawson suggests schools to be maintained by the Department of Public Works and discharge the cost against the public schools.  Mr. Conley repeats that it is incredibly complicated.  Mr. Desrosiers states that while he is in favor of consolidation, he is afraid we don’t have the time to do it now.

           

F. Review and Discussion of Article VI – DEPARTMENT of PUBLIC WORKS - of the Charter of the City of East Providence

 

1. Review and Discussion of these issues may include the proposal and or passage of amendments.

Chairman Russo states that there were no requests from the Department.

 

H. Meeting Schedule and Agenda for next meeting

Chairman Russo states there are two meetings left – June 8 and June 15, 2017.

 

Motion made by Mr. Scienzo, seconded by Mr. Rock, to adjourn.  Motion passed unanimously.

 

The meeting adjourned at 9:52 p.m.

 

Respectfully submitted,

 

Valerie A. Perry, Secretary

East Providence Charter Commission