CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL CHARTER REVIEW COMMISSION

Room 306, City Hall, 145 Taunton Avenue, East Providence, RI 02914

June 8, 2017

 

 

Present:  Commissioners Desrosiers, Dias, Faria, Kennedy, Lawson, Scienzo, Perry, Fazioli, Russo

 

Absent:  Commissioners Conley (Commissioner Rock absent at beginning of meeting.

Also in Attendance:  Mayor James Briden, Paul Luba, Malcolm Moore, Assistant Solicitor Dylan Conley, Councilman Robert Britto

 

CALL TO ORDER

Chairman Russo calls the meeting to order at 7:05 p.m.

 

PUBLIC COMMENT & COMMUNICATIONS

Communication from David DeFonseca

 

NEW BUSINESS

A.    Approval of Minutes: 

1.      Charter Review Commission Meeting May 11, 2017

2.      Charter Review Commission Meeting May 17, 2017

3.      Charter Review Commission Meeting May 25, 2017

4.      Charter Review Commission Meeting June 1, 2017

 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to defer the minutes.  Motion passes unanimously on a voice vote.

 

B.     Announcements

Mr. Russo states every amendment passed is now on the website, including the Substantive amendments.

 

Mr. Russo thanks Mayor Briden for his remarks made at the Council meeting, regarding the work done by the Charter Commission.

 

Update on Solicitor Gregory Dias and Assistant Solicitor Dylan Conley’s report to the City Council.

 

Assistant Solicitor Conley reports on the meeting with Council.  He states that the City Council will adopt a Resolution to accept the Technical Amendment. 

 

C. Law Department Update

 

1. Primary Amendment – Sections 11-14 and 11-15 - addition to the Technical Amendment

Motion made by Mr. Lawson, seconded by Mr. Kennedy, to add Sections 11-14 and 11-15 to the Technical Amendment.  Motion passes unanimously on a voice vote.

2. Election Law

Mr. Conley speaks on open primaries and says that they need to be approved by the General Assembly.  All parties get to vote in the Republican or Democratic primary, and the top two finishers will move forward. 

3. School Department Personnel language

Mr. Russo states that last week an amendment to Section 10-3 was passed.  Mr. Conley offers additional language. 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to accept 10-3 as an amendment and approve the language.  Motion passes unanimously on a voice vote.

4. Anti-Discrimination language

Motion made by Mr. Desrosiers, seconded by Mr. Lawson and Mr. Kennedy, to accept the language of Section 9-3.  Motion passes unanimously on a voice vote.

5. Police Chief Language

Motion made by Mr. Scienzo, seconded by Mr. Desrosiers, to approve the language in Section 7-2.  Motion passes unanimously on a voice vote.

 D.    Amendments

 

1.   City Council’s power with respect to divisions (by Mr. Rock)

Motion made by Mr. Desrosiers, seconded by Mr. Lawson and Mr. Kennedy, to bring this item up when Mr. Rock arrives and to proceed to item D3.  Motion passes unanimously on a voice vote.

Motion made by Mr. Desrosiers, seconded by Mr. Kennedy, to skip item D2.  Motion passes unanimously on a voice vote.

2.   Appointments and Promotions

3.   Fire Chief Qualifications (by Mr. Lawson)

Mr. Lawson says he would like language to mirror that of the Police Department language, requiring the Chief’s position to require 5 years at the rank of Captain or above.

Motion made by Mr. Lawson, seconded by Mr. Faria, to adopt Section 8-2 as written by Mr. Conley.  Motion passes unanimously on a voice vote.

(It is noted for the record that Mr. Rock is now present (7:26 pm) and agenda reverts to item (1) under Amendments -  City Council’s power with respect to divisions (by Mr. Rock)

Solicitor Conley says he is proposing to add language to Section 3-5 to make it compliant with other sections and to strike 2-13.  Also, he has some updates to 3-13 and 4-1 to make it consistent throughout.  He says the language provides the Mayor with the final say on many of the promotions in departments.  He also notes for the record that he added language added to Section 4-1 that says subject to removal by the Mayor.

Following further discussion, motion made by Mr. Desrosiers, seconded by Mr. Scienzo and Mr. Kennedy, to approve changes in Section 4-1 and to strike Section 2-13.  Motion passes unanimously on a roll call vote.

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

Nays – 0

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

Chairman Russo thanks Mr. Fazioli, Mr. Moore, Mr. Luba, and Mr. Desrosiers for the work on the amendments.

Mr. Fazioli speaks on Section 5-15 (Budget Reserve Fund) and the new language

Motion is made by Mr. Fazioli, seconded by Mr. Desrosiers, to adopt 5-15 Fund Balance as written, but is withdrawn after Mr. Conley says there have been some changes made.

Motion made by Mr. Fazioli, seconded by Mr. Desrosiers, to adopt Amendment Section 5-15 (4) as amended.

Following discussion on the budget reserve fund, Mr. Faria moves the question and makes a motion to amend the motion by deleting 15% in line 4-5 in subsection 1 and replacing it with 11.5%.  Mr. Rock seconds the motion.

After further discussion, Mr. Faria moves the question, and Mr. Dias seconds.  Roll call vote is taken on moving the question.  Motion fails 6-4.

Ayes – 4:   Desrosiers, Dias, Faria, Fazioli                                                                                               

Nays – 6:  Kennedy, Lawson, Rock, Scienzo, Perry, Russo

After discussion, roll call vote is taken on Mr. Faria’s motion.  The motion fails 7-3 on a roll call vote:

Ayes – 3: Faria, Rock, Russo

Nays - 7: Desrosiers, Dias, Kennedy, Lawson, Scienzo, Perry, Fazioli

 

Motion is made by Mr. Faria, seconded by Mr. Desrosiers, to make a friendly amendment to Mr. Fazioli’s motion to change 5-15 Subsection (1) from 15% to 12%, with the first 7% restricted.  Mr. Fazioli and Mr. Desrosiers accept the friendly amendment.  Roll call vote is taken on the main amendment with the friendly amendment.  Motion passes 6-4

Ayes - 6: Desrosiers, Faria, Lawson, Rock, Perry, Fazioli

Nays – 4: Dias, Kennedy, Scienzo, Russo

Mr. Russo receives unanimous consent to change his vote on the first amendment to Nay.

 

E. Review and Discussion of ARTICLE 13 – GENERAL PROVISIONS - of the Charter of the City of East Providence

 

F. Provisions Suggested by Commission Members

1. Council subpoena power (by Mr. Lawson and Mr. Desrosiers) – Sections 2-5, 2-9 (7)

 

Solicitor speaks on the issue.  After further discussion, motion made by Mr. Lawson, seconded by Mr. Faria, to defer to next meeting.  Motion passes unanimously on a voice vote.

 

2. Local Ethics and Conduct Commission (by Mr. Desrosiers)

 

Mr. Desrosiers suggests a local Ethics Commissions to hear matters on violations of the Charter.

 

Motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to approve the Ethics and Conduct Commission.

 

After further discussion, Mr. Desrosiers and Mr. Scienzo withdraw the motion.

 

3.  Boards, Committees, and Commissions (by Mr. Russo)

Mr. Russo says he put this on the agenda just for information, and mentions his concerns, i.e., the Zoning Board Chairman being chosen by the Council from 5 Mayoral appointments. 

 

G.  Agenda for next meeting

 

Mr. Russo says he is preparing a package of all the substantive amendments passed.  He thanks Mr. Moore and Mr. Luba for attending the meetings and giving their input.

 

Motion to adjourn made by Mr. Rock, seconded by Mr. Scienzo, passes unanimously on a voice vote.

 

The meeting adjourned at 9:29 p.m.

 

Respectfully,

 

Valerie A. Perry, Secretary

East Providence Charter Commission