CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL CHARTER REVIEW COMMISSION

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

June 15, 2017

 

 

Present:  Commissioners Desrosiers, Dias, Kennedy, Lawson, Rock, Scienzo, Perry, Russo

 

Absent:  Commissioners Conley, Faria, (Fazioli absent at beginning of meeting)

 

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

 

CALL TO ORDER

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

 

PUBLIC COMMENT & COMMUNICATIONS

None

 

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

5.      Charter Review Commission Meeting June 8, 2017

 

Motion made by Mr. Rock, seconded by Mr. Desrosiers and Mr. Lawson to table the approval of all 5 minutes.  Motion passes unanimously on a roll call vote.

 

B.     Announcements

   1.     Library Board of Trustees (by Mr. Desrosiers)

Mr. Desrosiers withdraws the item.

 

2.      June 20 - City Council Meeting

Mayor Briden states the Technical Amendment will be on in July.

 

C. Amendment to the Technical Amendment

            1. Articles 7 and 8.

Mr. Russo mentions there was a typo in these amendments. 

Motion made by Mr. Scienzo seconded by Mr. Dias, to approve Sections 7-1 and 8-1 as written with the change to be included in the Technical Amendment.  Motion passes unanimously on a voice vote.

 

D.  Department of Information Technology (by Mr. Lawson) 

Mr. Lawson suggests adding an IT Department to the Charter.

 

Motion made by Mr. Lawson, seconded by Mr. Dias and Mr. Kennedy to approve.

 

Discussion held on Mr. Lawson’s suggested Article, with some changes suggested in the language.

 

 (It is noted for the record that Mr. Fazioli is now present. (7:27 p.m.)

 

Mr. Lawson, Mr. Dias, and Mr. Kennedy, agree to a friendly amendment to make the suggested changes in the language.

 

Roll call vote taken on the motion, which passes 5-3 with 1 abstention.

 

Ayes – 5:   Dias, Kennedy, Lawson, Scienzo, Perry

Nays – 3:  Desrosiers, Rock, Russo

Abstention – 1:  Fazioli

 

D. Law Department Update 

  1. Council subpoena power

 

Solicitor Conley reads the proposed language.

 

Motion made by Mr. Lawson, seconded by Mr. Rock, to approve the amendment to Sections 2-9 and 3-5 as written. 

 

Motion made by Mr. Desrosiers to amend the motion by removing of at least 4 and the word super.  There is no second to the motion and the motion fails.

 

Motion made by Mr. Fazioli, seconded by Mr. Lawson and Mr. Kennedy to vote on the two items separately.  Motion passes unanimously on a voice vote.

 

Following discussion on Section 2-9, a roll call vote is taken.  The motion passes 9-0.

 

Ayes – 9: Desrosiers, Dias, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli, Russo

Nays – 0:

 

Discussion is held on Section 3-5 – Powers and Duties.  Solicitor Conley suggests adding the word “only” which would provide protection to the Council members. It would now read “and only for such purposes.”

 

Motion made by Mr. Lawson, seconded by Mr. Rock, to add a friendly amendment by adding the word only after the word and, before the word for,  Roll call vote is taken on the main motion with the friendly amendment.  The motion passes unanimously.

 

Ayes – 9: Desrosiers, Dias, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli, Russo

Nays – 0:

 

   2. Budget Reserve Fund

 

Motion made by Mr. Fazioli, seconded by Mr. Desrosiers, to reconsider the motion passed last week on Section 5-15.  Motion passes unanimously.

 

Motion made by Mr. Fazioli, seconded by Mr. Desrosiers, to approve the amendment as presented tonight.

 

Mr. Fazioli and Mr. Desrosiers accept the friendly amendment to the motion to add Section 4 which defines General Fund. 

Roll call vote taken on the motion, which passes 8-1 on a roll call vote.

 

Ayes – 8: Desrosiers, Dias, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli

Nays – 1:    Russo

 

E.  Transition Impact  

            1. Board Members

2. City Employees

            3. Department Heads

            4. Article 3 – Mayoral Power of Removal

 

Solicitor Conley says no existing Board Members would be impacted.  There will be no impact on City Employees. 

 

There are two different layers on Department Heads.  Present Department Heads are classified employees which are entitled by process.  Benefits can only be removed by cause.  Present Departments can only be removed by cause. 

 

The second issue is that ordinance will still exist even after the Charter is put in place and nothing in the Charter language will have any impact.  Language in the Charter needs to be specifically clear that the Mayor may remove without cause.

 

The following change will be made in Section 9-1 (2) – strike out the word person replace with employees, excepting department heads,

 

Motion made by Mr. Rock, seconded by Mr. Kennedy, to approve the language change in Section 9-1 (2).  Motion passes unanimously on a roll call vote.

Ayes – 9: Desrosiers, Dias, Kennedy, Lawson, Rock, Scienzo, Perry, Fazioli, Russo

Nays – 0

 

F. Transmission of Amendments to the City Council

 

1. Amendments and or Additions to the Technical Amendment

Mr. Russo states that there are 2 additions to the Technical Amendment, which were the amendment regarding primary elections and the amendment concerning personnel and the elimination of language for trial de novo. There is also an amendment to the technical amendment which was for Articles 7 and 8.  Solicitor Conley will transmit these to the l.

Motion made by Mr. Lawson, seconded by Mr. Desrosiers, to transmit 3 amendments to the City Council.  Motion passes unanimously on a voice vote.

 

2. Substantive Amendments

Mr. Russo reads a letter he will send to the Council along with the substantive amendments. 

 

Motion is made by Mr. Desrosiers, seconded by Mr. Kennedy, to transmit all substantive amendments to the City Council.  Motion passes unanimously on a voice vote.

 

3. Relationship to the Technical Amendment

Solicitor Conley explains the relationship of the technical amendment to the substantive amendment.  He says the substantive amendments were done under the assumption that the technical amendments as we drafted it in its entirety would be adopted by the Council.  If the Council were to accept some portions of the technical amendment and not others, that would require going back and re-edit it.

 

4. Effective date language

Solicitor Conley says there is nothing specified, and even though it was on the ballot, the day the Governor’s signs it, the technical amendment will become effective the day of the vote.  Any substantive amendments the council pass will have to go back to the voters.  There are certain sections in the substantive amendments that will require General Assembly approval. 

 

5. Compliance with state law 

Solicitor Conley says as far as he knows everything has been done in compliance with state law.

 

6. Status of Commission

Mayor Briden states that there is a possibility that the commission may be reconvened in January.

 

G. Presentation to Charter Commission Members and other participants - by Mayor Briden

Mayor Briden presents certificates to the Commission members, along with Mr. Luber, Mr. Moore, Assistant Solicitor Conley in appreciation for the work by the Charter Commission.

 

Chairman Russo thanks Mayor Briden, Mr. Luber, Mr. Moore, Police Chief Parella, Firefighter David DeFonseca, City Clerk Kim Casci-Palangio, Assistant Solicitor Conley and Solicitor Dias, Mackenzie McBurney and Maria Amaral of the Solicitors’ Office.  He also thanks the Commission members for their dedication and commitment.

 

Motion made by Mr. Rock, seconded by Mr. Desrosiers, to adjourn the meeting sine die.  The meeting adjourns at 9:07 p.m.

 

Respectfully submitted,

 

Valerie A. Perry, Secretary