CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL CHARTER REVIEW COMMISSION

May 4, 2017

 

Present:	Commissioners Desrosiers, Dias, Kennedy, Lawson, Scienzo, Rock, Perry, Russo
	(It is noted for the record that Mr. Rock is absent for the beginning of the meeting)
Absent:	Commissioners Conley, Faria, Fazioli
Also in Attendance:	Mayor Briden, Mr. Luba and Assistant Solicitor Conley.

 

The Charter Review Commission meets in Room 306 at City Hall and is called to order at 7:00 p.m. by Chairman James M. Russo.                                

 

PUBLIC COMMENT & COMMUNICATIONS

 

There are no communications and no public comment.

 

NEW BUSINESS

 

Approval of Minutes:

 

A motion made by Mr. Scienzo, seconded by Mr. Lawson, to approve the minutes of the April 20, 2017 meeting, is unanimously passed on a voice vote.

 

Announcements

 

Chairman Russo announces that there are two meetings worth of amendments up on the website, March 9 and March 16.

 

Chairman Russo states that he hopes to finish the work of the Commission by June 15, 2017.

 

Chairman Russo requests a motion to take agenda item F (Review and Discussion of Articles IV and V) out of order.

 

A motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to change the order of the agenda, is unanimously passed on a voice vote.

 

Chairman Russo requests that this item be deferred to the next meeting when Mr. Fazioli will be in attendance. 

 

A motion made by Mr. Desrosiers, seconded by Mr. Lawson, to defer agenda item F until May 11, 2017, is unanimously passed on a voice vote.

 

 

Law Department Update

 

Amendments

 

Chairman Russo states that the amendment on the Canvassing Authority needs a language change to comply with State law.  Rather than members of the Canvassing Authority would be appointed by the mayor subject to council approval, it should read members of the Canvassing Authority are appointed by the council and nominated by the mayor.   

 

A motion made by Mr. Lawson, seconded by Mr. Kennedy, to reconsider the amendment to section 2-16 is unanimously passed on a voice vote. 

 

A motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to reconsider the amendments to Article 16 and sections 2-14 and 2-16, is unanimously passed on a voice vote

 

Chairman Russo explains the Municipal Court part of the substitute amendment.  He states when the original amendment was drafted he recalled the motion as calling for an alternate when the motion really used the term associate, which he feels is a better legal term. Mr. Desrosiers explains the Probate Court part of the amendment. He states that at the time that the original amendment was passed, there had not been an associate probate judge in some time, he assumed the position was abolished. Recently the city council has appointed an associate judge, however the language of the article both as originally written and in the amendment does not speak to an another judge and instead has the City Solicitor serve as acting Judge of Probate in the absence of the Judge of Probate. The substitute offered would fit the current practice of appointing an Associate Judge of Probate. Chairman Russo also states that the language for both courts were reconciled to mirror one another and since the commission does not have the language in front of them, the Chairman is going to read out the changes.

 

A motion made by Mr. Desrosiers, seconded by Mr. Scienzo and Mr. Lawson, to approve the substitute amendment as read, is unanimously passed on a voice vote.

 

(It is noted for the record that Mr. Rock is now present)

 

Chairman Russo distributes amendments for the boards voted on previously. Chairman Russo explains that the Planning Board cannot, by state law, have more and one-third of its members up for appointment at any given time. The additional appointments made by the Mayor would have to be staggered so that one of the initial new members would get an abbreviated term. However as there is an ordinance issue, it would be up to the city council to amend the ordinance to account for the new seats to be staggered.

 

A motion made by Mr. Desrosiers, seconded by Mr. Lawson, to consider each board amendment separately, is unanimously passed on a voice vote.

 

 A motion made by Mr. Desrosiers, seconded by Mr. Lawson, to approve the amendment to Section 2-18 (Planning Board), with a recommendation for the law department to review the ordinance, is unanimously passed on a voice vote.

 

Chairman Russo discusses that with the Zoning Board he added language from the ordinance that the two alternates shall not be from the same ward, otherwise they’re the same.

 

A motion made by Mr. Desrosiers, seconded by Mr. Lawson, to approve the amendment to Section 2-19 (Zoning Board) is unanimously by voice vote.

 

Chairman Russo discusses the Personnel Hearing Board, and notes that there may be staggering issues to be left to ordinance. Mr. Desrosiers notes that the change in the Personnel Hearing Board will also necessitate a review of the Affirmative Action Committee, which the Personnel Hearing Board sits on.  Mr. Rock asks if the language being voted on is subject to change based on whether department heads will be able to appeal to the board. Assistant Solicitor Conley states that will be looked at collectively and this language would not likely be changed.

 

A motion made by Mr. Lawson, seconded by Mr. Desrosiers, to approve the Personnel Hearing Board amendment with a recommendation that the law department to review the Personnel Hearing Board and Affirmative Action Committee ordinances, is unanimously passed on a voice vote.   

 

Chairman Russo introduces the Board of Assessment Review amendment and notes this is the only board in the charter without a corresponding ordinance, at Mr. Lawson’s suggestion the requirement for “qualified electors” was added for membership and that without an ordinance the article spells out the staggered terms of two, four and six years.  This amendment would fill in the odd numbered years with one year having no appointment.

 

A motion by Mr. Scienzo, seconded by Mr. Desrosiers, to approve the amendment to Section 4-14 (Board of Assessment Review), is unanimously passed on a voice vote.

 

Review and Discussion of Article I, Article II, and Article III

      1. Provisions Suggested by Commission Members and/or the Pubic

                 a. Recall (by members of the public)

 

A motion by Mr. Desrosiers, seconded by Mr. Lawson, to approve the amendment to Section 11-25 (Recall) and add in language by a preponderance of the evidence between the words “determined” and “by”, is unanimously passed on a roll call vote as follows:

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

Nays - 0

                        b. Impeachment Process (by Mr. Desrosiers

Mr. Desrosiers says he will skip this item.

 

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

   

Mr. Desrosiers and Mr. Scienzo speak on their belief that a local Ethics Commission is needed.  Mr. Scienzo says he is not sure if the Commission members should be appointed or elected, to oversee the Charter.   He mentions the problems he has had with the State Ethics Commission when he tried to get them to supersede in a local matter, and they would not touch it.        

 After further discussion, Chairman asks for a show of hands of those in support of a local Ethics Commission, and seeing a majority in favor, he tells Mr. Desrosiers he will put that on a future agenda.

 

A question by Mr. Lawson regarding whether the Mayor should have a say in creating, abolishing, or changing departments results in discussion, but no vote.

 

Review and Discussion of Article XI of the Charter of the City of East Providence

 

      1. Type of Elections

                        a.Non-Partisan

Chairman Russo asks that this item be deferred as a courtesy to Mr. Faria who asked for a postponement on the issue.

 

A motion made by Mr. Desrosiers, seconded by Mr. Scienzo, to continue agenda item E (Types of Elections) to the May 11, 2017 meeting, is unanimously passed on a voice vote.

 

A motion by Mr. Scienzo, seconded by Mr. Rock and Mr. Desrosiers, to adjourn passes unanimously on a voice vote.

 

The meeting adjourned at 9:30 p.m.

 

Valerie A. Perry

Secretary

East Providence Charter Commission