| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JUNE 2, 2009 6:30pm Executive Session 7:30pm Open Session | |
The City Council meets in the Council Chambers on Tuesday, June 2, 2009 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:30pm.
The invocation is read by Councilman Cusack.
| Present: | Joseph S. Larisa | ) | Mayor |
| | Robert E. Cusack | ) | Council Members |
| | Valerie A. Perry | ) | |
| | Bruce DiTraglia | ) | |
| | Brian G. Coogan | ) | |
| | Richard M. Brown | ) | City Manager |
| | James P. Briden | ) | City Solicitor |
| | Kim A. Casci | ) | City Clerk |
A motion is made to close the executive session and move into open session by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.
A motion is made to keep the minutes of the Executive Session of May 19, 2009 closed by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
I. CONSENT CALENDAR
A. Approval of Council Journals
1. Regular Council Meeting May 19, 2009
2. Executive Session May 19, 2009
B. Letters
1. Coastal Resources Management Council proposed changes to the Management Program.
2. RI DEM Public Workshop RI Draft Stormwater Design and Installation Standards Manual, 6/4/09, 8am-4:30pm, URI Kingston, Chafee Building Auditorium Room 271.
C. Alcoholic Beverage License - Class F – June 6, 2009
Our Lady of Loreto, St Peter’s Day Dance, 346 Waterman Avenue (02914)
D. Alcoholic Beverage License – Class F – June 11, 2009
Rumford Center Open House, 20 Newman Avenue (02916)
E. Vict/Not over 50
Seven Stars Bakery, LLC, 20 Newman Avenue (02916)
F. Holiday Sales
Seven Stars Bakery, LLC, 20 Newman Avenue (02916)
A motion to remove the Class F Alcoholic Beverage License for the opening of the Rumford Center from the Consent Calendar is made by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.
Councilwoman Perry explained this motion was necessary as Class F licenses are only for non profits, religious organizations and non business entities she added that they have to get a license from the caterer who gets a license from the Department of Business Regulation.
A motion to approve the Consent Calendar as amended is made by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.
II. APPOINTMENTS
A.Zoning Board Reappointment (by Councilwoman Perry)
Pier-Mari Toledo, 65 Ravena Avenue (02915)
A motion is made by Councilwoman Perry to approve, seconded by Councilman Cusack and it is unanimous.
B.Historic District Commission (by Mayor Larisa)
Matthew Robinson 34 Lakeside Street (02915)
A motion is made by Councilman Cusack, seconded by Councilwoman Perry and it is unanimous.
C.Historic District Commission (by Mayor Larisa)
Ned Connors, 39 Dyer Avenue (02915)
A motion is made by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.
III. LICENSES REQUIRING PUBLIC HEARING
A.Alcoholic Beverage B – Full Privilege
Sao Miguel Eateries, Inc, D.B.A. Estrella Do Mar, 736 North Broadway (02914)
Thomas Romano for the applicant, Sao Miguel Eateries stated some time ago they were here asking for a transfer about a year ago, which was granted. We are now applying for a new license because some of the conditions of the transfer became impossible. We were required to pay off a number of lien holders, required to get a certificate of good tax standing and we were unable to do that because the prior owner never paid his taxes and this became an insurmountable endeavor for us. It is more efficient to just apply for a new license. We noted that there was a letter of objection in the file I would respectfully maintain that the objection is inapplicable in this instance, this letter of objection is based on a transfer which we are not doing we are applying for a new license. Mr. Carlos Andrade the owner of Sao Miguel eateries is here as well to answer any questions. We would like to reopen the restaurant and bar as has existed in the past. We intend to come back before you to apply for a dance and entertainment license to hold receptions.
Councilman Cusack asked if the large investment made a couple of years ago on the second floor which was a vast expansion was made by this applicant.
Mr. Ramano responded it was this applicant he is the owner of the building and leased the building to the man who operated the restaurant. He was not the license holder or the principal owner. Banquets and receptions were held in the past but never had a proper entertainment license in the past.
Councilman Cusack wanted to know if Mr. Andrade owned other restaurants in Massachusetts.
Mr. Ramano stated he owns a number of Dunkin’ Donuts and other business holdings.
Mayor Larisa asked if Mr. Andrade purchased any assets from the former owner of the restaurant.
Mr. Ramano stated no all they were trying to do was take over the restaurant business but the former owner owed a lot of money, including back rent and there was a fire on the property that they incurred substantial damage on and it was just a parting of ways.
Mayor Larisa stated these are unusual circumstances how it would normally work is the other person would go into receivership and the assets would be sold and they would battle out the bills with vendors. A vendor could argue well this isn’t being done here this is really a transfer and they don’t have due process rights to go after the owner, some vendors were paid and others were not. What would you say to that?
Mr. Ramano stated that Title 3 of the RI General Laws allows people to place liens on liquor licenses in the event of a transfer. A Supreme Court case just came down on May 21, 2009 The HallSmith Food Service vs Marx which held the very point that where you have a license and the license lapsed in time, there was no license for an objector to come in and place a lien on, when the holder of that license came in at a later time under a new license the objectors didn’t have anything to place a lien on.
Mayor Larisa is this a lapse because they haven’t been opened for 6 months or a year?
Mr. Ramano replied they haven’t been open for a little more than a year and to a further point where we are starting fresh.
Mayor Larisa stated I don’t think this applied here but I am just noting that this could be a way to do a sham where they could reach an agreement with the buyer and a wink and decide to split the monies that would have been spent to pay the debts. That would be a very different fact pattern from what I am seeing here.
Mr. Ramano stated I agree and I could see the argument that this is in fact a transfer not a new license that is not the case here. In the Supreme Court Case this was argued to stop transfers in the future. The Town of North Kingstown was the town in question and the Court said we are not going to allow that because this is not a transfer the license has lapsed and ceased to exist.
Mayor Larisa asked the Solicitor if he had any issues with the new license based on these facts.
Solicitor Briden stated that in reviewing the applicable RI General Law it really only applies to when a transfer has occurred. A sufficient amount of time has lapsed, at least a year where the transfer provides for a 6 month period.
Councilwoman Perry stated that it is reminiscent of previous years, when former Mayor Sullivan was on the Council where he stated that the licenses do not belong to the licensee but to the City. If they haven’t had a license in a year, this is not a transfer, it reverts back to the City and this would be a new license.
Councilman Coogan stated he actually knows quite a bit about the restaurant and Mr. Andrade did a great job with the addition and the parking lot, that person who was leasing from you, I know he gave you a bad deal and I would be in favor of the license.
Mayor Larisa wanted to know when they plan on opening.
Mr. Ramano stated we are looking to move very quickly.
Councilman DiTraglia asked if the old owner is any relation to Mr. Andrade.
Mr. Ramano stated Mr. Andrade was just the property owner. No family relation whatsoever.
A motion to approve is made by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous.
IV. LICENSES NOT REQUIRING PUBLIC HEARING
A.Vict/Over 50
Sao Miguel Eateries, Inc., D.B.A. Estrella Do Mar, 736 North Broadway (02914)
A motion to approve is made by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous.
V. NEW BUSINESS
A.CITY MANAGERS REPORT
1.Presentation of Audit
We are required to present the Audit to City Council and have Council accept the document. The large significant issue related to the audit was discussed last week during the Mayor’s presentation regarding the outstanding deficit that is actually larger than the carry forward funds that we are required to appropriate each year. You have received the audit under separate cover. Pat Bucci from Bacon and Company as well as the Finance Director are here if you have any questions. If you prefer to defer those to a later date we would like the report received for the record.
Mayor Larisa asked the Council’s pleasure on this issue and the Council agreed to hold questions to a future meeting.
A motion was made to accept the financial audit ending October 31, 2008 by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.
B. REPORTS FROM OTHER CITY OFFICIALS
1.Claims Committee Report (by City Solicitor James Briden)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Perry and seconded by Councilman Cusack to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote the motion is approved 5-0.
NEW CLAIMS
PAUL LANERES $291.85
RM No. 09-043, Claim No. 09-027
Claim for property damage to vehicle sustained as a result of striking potholes at the corner of Circle Drive and Monmouth Drive. See recommendation of the Director of Public Works.
Motion by: Councilman DiTraglia Seconded by: Councilman Cusack
Motion: Deny the claim.
ANGELA LOVEGROVE $Unspecified
RM No. 08-113, Claim No. 09-033
Claim for personal injuries sustained at the Weaver Library. Recommend referral to insurance carrier.
Motion by: Councilman DiTraglia Seconded by: Councilman Cusack
Motion: Refer the claim to the insurance carrier.
NABIL RASHID $2230.00
RM No. 09-047, Claim No. 09-028
Claim for property damage to vehicle sustained when branches from a City tree fell on top of claimant’s vehicle. See recommendation of the Assistant Superintendent of Parks.
Motion by: Councilman Cusack Seconded by: Councilman DiTraglia
Motion: Deny the Claim.
PATRICIA SCEELES $231.12
RM No. 09-042, Claim No. 09-026
Claim for personal injuries sustained as a result of a slip and fall on a sidewalk located on John Street. See recommendation of the Director of Public Works.
Motion by: Councilman Cusack Seconded by: Councilman DiTraglia
Motion: Deny the claim.
A motion is made to accept the Claims Committee Report by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
2.Donation of Fire Boats to Friends of Pomham Rocks Lighthouse (by City Solicitor James Briden)
Information was received from the Fire Chief regarding the value of the two boats and learned the value is negligible given their age and condition.
Mayor Larisa asked if we have a report from the Harbor Master indicating the boats are in very bad condition and Solicitor Briden indicated this was correct.
Mayor Larisa asked if that information was provided to the Friends of the Pomham Rocks Lighthouse who stated they were not aware of the report but added they would like a copy. They do feel that the boats are salvageable. They have looked at the boats. They have Rob Charboneau as their boat person who is happy with the conditions, they definitely need work but he and other volunteers are willing to work and repair them.
Mayor Larisa indicated that the Harbor Master’s report states in their present condition they are not fit to be used and would be in danger of sinking but as you stated you are talking about restoring them.
Mr. Charboneau indicated this was correct and they are working with the Coast Guard who will be reviewing them for a Coast Guard certification once the restoration is complete.
Mayor Larisa asked the Solicitor if he has drafted a waiver of liability and that they are aware of the condition of the boats and that they agree they will not be used until they are certified by the Coast Guard and the Solicitor responded yes.
They have several volunteers who would like to go out to the lighthouse to do work. Right now they are using a borrowed 16 foot boat and it’s not feasible for what they are doing. These two boats would give them access to what they want to do. They would have a second boat as backup if it were needed. They are hoping and working for title to the property. The pier needs cosmetic work and the inside will need a great deal of work. Initially they concentrated on the exterior there was water intrusion and structural damage. When the contractor that did the work was there doing pre-inspection the light fixture in the tower was moving, the fixture was off plum and a hurricane could have finished the tower off. The tower presently is plum, it’s dry and per the Coast Guard regulations we were able to put the light back in the lantern which is solar powered and on every night.
Mayor Larisa asked if people want to help out to restore the lighthouse how do they reach you?
www.pomhamrockslighthouse.org and there is an email pomhamrockslighthouse@yahoo.com there is a PO Box 1521 EP RI 02915 Friends of Pomham Rocks Lighthouse and are a Chapter of the American Lighthouse Foundation, The American Lighthouse Foundation’s Headquarters are in Rockland, Maine and we are a 501(c)(3) tax deductable and we come under their umbrella.
The issue of insurance is covered by this umbrella, they have two other chapters with off shore lighthouses that have boats and they too operate under this insurance umbrella.
Councilman Cusack stated this is a historic lighthouse and through the generosity of a donor you were able to get the exterior renovated and made safe. Now you are trying to pay that donor back and continue to raise funds with the needed restorations and carry out educational activities is that correct?
It was stated that there were a number of good sized donors who asked to remain anonymous.
Councilman Cusack further clarified that the owner is a corporation, an oil company and they would be happy giving you this as long as you were financially stable?
It was stated yes and that there are on-going negotiations and it looks very positive at this point.
Mayor Larisa stated the City Manager just mentioned we can put this information on the City Website.
Lastly it was stated that a donation even in the form of a membership helps, there is strength in numbers and they would love to see their numbers grow. Most members and friends are from East Providence.
A motion to approve the request to donate the boats subject to an agreement drafted by the City Solicitor is made by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
Mayor Larisa asked to change the order of business to move up a block party listed under communications.
A motion is made by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.
1.Leeann Dias, 57 Tryon Avenue (02916) requesting to address the Council regarding the neighbors of Tryon Ave., Gibbs St .and Estelle St. to host a 9th Annual Block Party on Saturday, July 18, 2009, Tryon Ave. to be blocked at the corner of Gibbs St. and the Corner of Merchant St. and that Estelle St. be blocked at Ferris Ave.
Mrs. Dias requested a permit for their 9th Annual Block Party. The same streets will be blocked as in previous years there are no neighborhood complaints.
A motion to grant the permit is made by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.
Mayor Larisa stated that since the next two communications deal with the same topic he would like to have them speak first and will direct his remarks under Council Members number 1 and 2 following them. He asked the City Clerk to first read number 3 which he will address at this time.
3.A “sea of red ink” Update on the City Budget Crisis (by Mayor Larisa)
Last meeting we discussed what the auditors had told the Auditor General Ernie Almonte that the City was insolvent because we had a deficit for the year. The School debt exceeded the City carry over by over a million dollars. The Auditor General demanded a plan to cure the deficit. The City met with the School Department and the School Committee it was a very positive meeting, wanting to resolve the deficit and not do it on the backs of the taxpayers. In addition to the 20% co-pay and the 5% pay reduction, the School Department has done restructuring and has a turn around, going from a deficit of nearly $4.2 million last year to hopefully being able to pay down some of the deficit and have a slight surplus this year thereby avoiding a 10%-20% tax increase on residents. The Mayor stated he wrote a short letter on behalf of the City of East Providence responding to Ernie Almonte and updating him on the City’s progress. Mayor Larisa read the letter copied below.
Re: City of East Providence / School Department Plan to Cure Accumulated Deficit
Dear Auditor General Almonte:
We are in receipt of your letter dated May 7, 2009 pointing out that the school department possessed an accumulated deficit of $5,325,195, according to our auditors as of October 31, 2008. Approximately $4 million of the accumulated deficit to which you refer occurred in a single fiscal year, 2008. You request our plan to address the total shortfall.
We have met with the school department to develop a deficit reduction plan over the next five years. A fiscal austerity plan was actually underway before the receipt of your letter. At the beginning of this year the school department at the direction of the newly-elected School Committee undertook heroic efforts to bring school spending on salaries and benefits in line with what the people of East Providence could reasonably afford.
This fiscal year, barring unanticipated expenses and assuming further cost reductions, the school department reports that the accumulated deficit could be reduced by as much as $700,000 down to roughly $4.6 million. This dramatic turnabout comes as a result of sound management by the school department and the reversal of an unaffordable 5% increase in teacher salaries (given in fiscal year 2008) as well as numerous other cost savings, the largest of which was the institution of a 20% health insurance co-pay (up from 0%) on January 2, 2009.
In addition, the school department is committed to rededicating the Meals Tax money it is provided by the City for exclusive use to repay the deficit. That amount is approximately $500,000 annually.
The school department also proposes to sell an underused building for approximately $500,000 this fiscal year and, with the approval of the Council, dedicate this money to deficit reduction.
Next, the school department is instituting major reforms in connection with Bradley Hospital to more efficiently deliver services to our special needs population and is in the midst of major reorganization of staffing levels. These efforts are expected to result in substantial cost savings.
Finally, the City has a 3.5% tax cap to protect its hard hit taxpayers during these economically troubled times. Within this tax cap the City is committed to allocating additional funds from increased revenues to the school department on a pro rata basis.
You may be aware that in East Providence, unlike many other communities, the City Council and School Committee are working arm and arm to provide essential services while recognizing that those who pay the bill locally have been hit hard by the economic reality of today. We will continue to do so while erasing a deficit incurred by those who preceded us.
Sincerely,
Joseph S. Larisa, Jr.
Mayor
We do have good news on the School side the bad news is on the City side. We still have a $1.5 million dollar deficit for this year and $2.2 for next year as a result of the State cutting back our general revenue sharing. Stay tuned for how we will be dealing with that. As for the School side the City couldn’t be more pleased with the cooperation we are getting from the School Department and School Committee. The “sea of red ink” comes from an article in the Providence Journal which points out we are in the same boat as other cities and towns as a result of the economic downturn and there are no real solutions yet as to how to solve the problem.
The Mayor asked to return to the regular order of business.
A motion is made by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.
The below Council Members items will be discussed following the two communications.
C.COUNCIL MEMBERS
1. “Representing the Public Interest: The City Manager’s All - Inclusive Police Chief Interview Process” (by Mayor Larisa)
2. “Analysis of the Police CBA and Management Rights” (by Mayor Larisa)
D.RESOLUTIONS
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
(Amendment to Resolution No. 25 – Adopted December 7, 1999)
RESOLUTION ESTABLISHING RULES AND REGULATIONS
RELATIVE TO BURIALS IN THE CITY OF EAST PROVIDENCE
WHEREAS, cities and towns have the authority to establish rules and regulations relative to burials in cemeteries located in their geographic boundaries; and
WHEREAS, the Ancient Littleneck Cemetery Commission for the City of East Providence has reviewed rules and regulations relative to burials in cemeteries in the City of East Providence; and
WHEREAS, said Commission recommends the adoption of rules and regulations relative to burials in cemeteries in the City of East Providence.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence adopts the following rules and regulations relative to burials in cemeteries in the City of East Providence:
1. All double graves shall be dug to the depth of 7'6".
2. All single graves shall be dug to the depth of 5'.
3. All flat stones shall be placed on a base of 2" of packed sand.
4. All flat bronze plaques shall be placed in concrete the depth of 2" below ground level.
5. All monument stones shall be placed on 3' deep concrete footing.
6. No graves shall be dug without family consent pertaining to correct plot and spacing as deeded.
7. All grave diggers (both manual and mechanical) shall be insured and bonded.
8. All cemetery grass will be cut and trimmed as needed.
9. No funeral flowers shall be left for more than 4 days on a grave site.
10. All burial liners shall be dirt free and water free at the time of burial.
11. All open graves will be covered and child proofed until the time of burial.
12. All back-filled graves shall be packed tight, top dressed with loam, and seeded (weather permitting).
13. No head stones or markers shall be moved or graves encroached upon without family and/or plot owner’s consent.
14. Cut natural flowers, living plants or silk flowers may be placed on a grave in metal vases or in pots no larger than 8” in diameter. Inexpensive floral containers are recommended. Containers and their contents will be removed by cemetery staff as they fade and wither. Anything not in a container or dug into the ground will result in immediate removal.
15. Motor vehicles shall be kept to the right side of the roadways and driven at a speed no greater than 5 mph and shall not be driven on the lawns.
16. No plastic flowers, glass/pottery containers or decorative items of any kind are allowed at the gravesite or in planting areas. These items will be removed. Decorative items include, but are not limited to, the following: figurines, plastic flags, solar lights, balloons, mom and dad signs, windmills, etc.
17. Ancient Little Neck Cemetery is a historical site and all graves are to be dug by hand by the contractor as has been done since 1655. All contractors are to check with the Ancient Little Neck Cemetery Commission before opening any graves 24 hours prior to the time for burial.
Requested by: Councilman DiTraglia
A motion to dispense with the reading of the resolution is made by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.
Councilman DiTraglia explained Little Neck Cemetery had an issue which was brought to his attention regarding a situation which happened not too long ago, they were digging and when they did they dug up some bones which were in an unmarked grave, many years ago sometimes the sites weren’t marked or the stones fell apart. The reason why these new rules are needed to protect that type of situation. They would be going back to the way it was done years ago and would dig them by hand due to the delicate situation. We want to protect it and make sure it doesn’t happen again. The gentleman who takes care of the cemetery, Mike Znosko, he does a great job, he is very dedicated to keeping the cemetery the way it is, he drafted this resolution and asked me to bring it to the Council for approval.
Councilwoman Perry added Mike and the Commission do a fantastic job, there are names and dates of people buried in this cemetery like Bullock, Captain Willet and a pilgrim Elizabeth Tilley Howland.
Mayor Larisa added the cemetery has been there since 1655.
Councilman Cusack added he believed there was a former Governor of New York buried there as well.
A motion to approve the resolution is made by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
E.COMMUNICATIONS
2.Clifford Montiero NAACP Providence, 33 Chestnut Street, Providence, requesting to address the Council regarding a National search for East Providence Police Chief.
The NAACP is 100 years old today, and we have fought for the inclusion of African Americans and other minorities to be included in every aspect of our society. I drafted a letter, with the support of our branch there are roughly 120 police officers on the East Providence Police Department. I retired in law enforcement. Of the 120 police in East Providence only 5 are minorities. This does not reflect the minority community in the City. The City of East Providence has roughly 13% minority yet the police department reflects 6%. We are hoping that something can take place as did when Colonel Culhane came into the State Police Department. He instituted all kinds of programs which were carried on by Colonel Pari and Colonel Dougherty. We have been able to increase the number of people of color and women in police departments. I do not know the number of women on the East Providence Police Department. I think however there is a need to increase those numbers and am hoping that a nationwide search would give an opportunity for women and people of color across this country. There are many qualified people out there who could apply. I would like to see these people have an opportunity and would have liked the NAACP to have been notified that there was a vacancy. We need to be in compliance with federal and state laws on Affirmative Action. There is one city in RI that we had to take to the grand jury. Our success has come about by lawsuits, we are a country of laws we want those laws to include all people. We don’t feel it’s a good idea that the selection of a chief be done from inside a department where it is not reflective of the community and remembering that the department utilizes state and federal funds, this should not be just a local selection. This requires the best qualified position but an opportunity for all people to apply for the job.
Mayor Larisa asked if he was aware of the process which the City Manager has chosen which is a nationwide search and advertised regionally, if you are qualified you have the opportunity to apply.
Mr. Monteiro stated we have a website and have worked with the State Police, Providence Police and other police departments to assist in the recruitment process. We have a webpage and email lists. We never received any notice to the vacancies of this position. I read it in the Providence Journal. I think there should have been some outreach to the Urban League, Progresso Latino and Women’s Organizations and the NAACP if this process is going to work. In a country where we have an African American President, we can’t work out our racial differences in this little State, it requires an outreach from the City Manager and he didn’t call me.
Mayor Larisa stated you may be correct on that but for 120 years there was no outreach and we have never had a women or minority as a chief from an inside selection. So this is the first time ever that the City through the City Manager have gone outside and said equal opportunity for all to apply. Maybe he didn’t go one step further and alert the organization. At least for this time it is an open process where women and minorities can apply.
Mr. Monteiro stated that he will not make a comparison between that but that in this day and age there are computers and emails and websites and we can reach people as illustrated in the Presidential campaign. The point is that whatever is done in East Providence, I will take it back to our Executive Committee and to our general membership and say here is East Providence’s choice, are you happy? And if they are not happy then we have to analyze what is the most logical reasonable step we can take.
Councilman Coogan asked since he read it in the paper did he then make an outreach at that point.
Mr. Monteiro said no because he did not know what the exact procedure was so when he read it he wrote a letter to each Council person. I did make a release to the press stating I was going to be here. It is not a publicity stunt. We sent the letter on May 22nd, we have not given the Providence Journal a copy of this until tonight. I think it’s realistic that we negotiate, you may have May 23rd as a cut-off date, it’s not in my mind the cut-off date. I should have been notified what the qualifications were I did not have those on hand to send out to any contacts to post. I am an amateur compared to professionals, I am a volunteer, you have paid people, you went out to reach Mr. Brown, Mr. Brown came from outside, you advertised so Mr. Brown heard about it, I think the chief should get the same application that you at least gave to Mr. Brown.
Councilwoman Perry stated that it was advertised.
Mr. Monteiro asked how many were advertised in magazines that women read? There needs to be an effort to both minorities and women. I was on the job in Providence when women were only matrons. There are women that are qualified to be chief in any department in this country and you should advertise like you did for your City Manager so that we at least can say advertisements went to Connecticut.
Councilman DiTraglia stated that a letter from Mr. Benoit states that 36 applicants applied for the position and that out of 36 applicants 10 were from East Providence, so that gives you 26 other people who applied for the position, how many people would you have applying for the position?
Mr. Monteiro stated that the State had 50 positions paying $30,000 and 2,000 people applied for the positions. If you advertise and get everybody that is available, such as the Black Police Officers Association, they can send out emails across the United States then there are Female organizations, and the Hispanic community. There are organizations representing groups in this country. It is important that people have an opportunity.
Councilman Cusack wanted to note that the police officer and federal officer that Mr. Monteiro referred to Mr. Monty Monteiro is a resident of East Providence and I understand he is acting in an advisory capacity to the City Manager in this process. I wish that we perhaps had reached out and advertised more widely and more specifically into some channels that might have been more on point but I am pleased to know that Monty Monteiro will be helping in the process of selection. I do not know if there are women or minorities that are qualified in the applications which we have received. I would hope that Mr. Monty Monteiro’s role in the process would help and enrich it.
Elmer Pina, the City’s Affirmative Action Officer asked to speak and Mayor Larisa asked for a motion for unanimous consent.
A motion is made by Councilman DiTraglia and it is unanimous.
Mr. Pina stated he just wanted to piggyback off of Mr. Monteiro’s statements. When we advertised for the East Providence Police Chief, I sit on the Rhode Island Affirmative Action Professionals and on that board we have approximately 56 members and when the ad came out I did forward it to the group and from there on our President Jim Vincent did forward it out to his 2,000 members list. This goes out to Boston, CT, NY and I believe Baltimore. I could have done a better job probably yes given more time but I did get the information out there.
Councilman Cusack asked do you feel that qualified officers regionally would have had a good chance of knowing about this.
Mr. Pina stated probably more but if given enough time I could have done more, gone out to police departments and done the recruitment I do. Recruitment is a big part of the job of Affirmative Action Officer, not just sending emails. If I had more time I could have done a better job.
Councilman Cusack asked how far geographically did the outreach email list go?
Mr. Pina stated it’s about 2,000 people I am not sure how far it goes, but we have seen responses from Boston, CT, Atlanta, NY and Baltimore.
Councilman Coogan asked how it was advertised and what the qualifications are.
City Manager Brown stated the basic qualifications are 5 years experience at Lt or above in a comparably sized department. These qualifications come from the way the City’s job description is written. I felt these were appropriate in viewing the qualifications for the applicant.
3.John J. Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding continuing violations of CBA between the City of East Providence and the IBPO Local 569 and new violations committed by the City in regards to the CBA, inclusive of disparaging police department members and the organization as a whole.
Mr. Rossi expressed an apology to Mayor Larisa stating that the debate can get heated and words can get misconstrued and if any words he stated were offensive or could be given a double meaning he apologizes at this open forum. He went on to add you are an elected official by the citizens of East Providence and should be accorded respect. You were correct that you certainly gave me a lot of leeway in my previous presentation and this shows the character that you are made of and it is a credit to you as a person and I was wrong with the tact I took and I hope you accept my apology. Tonight I will stick to the facts.
Mayor Larisa thanked Mr. Rossi for the apology.
A better term for sweetheart deal which I stated would be a golden parachute. Pension credits were $41,500 for time he did not work. Yes if he stayed on as chief he would have paid the pension contributions himself. The deputy chief Major DuBois could be running the department for less than the interim chief and his assistant. The Mayor has let us know that the assistant is not being paid by the City but that seems contrary to RI State Law though it could be in the Colonel’s discretion but that is not what the law states. Judge Silverstein’s ruling gave the City Manager the choice to appoint an acting chief as well as a full time chief you did agree with me that the judge never ruled on the collective bargaining agreement and the judge never ruled whether or not the Manager had the right to pick a chief from outside the police department. The Mayor stated the chief is supposed to be a manager of the department and manage the employees and the members and not the union. This is correct the union wants no chief to report to us. That is in direct conflict with how any police department should be run it is a paramilitary organization not a democracy. We want someone who leads us decisively and courageously. The IBPO has always believed when an officer is wrong he should be held accountable and disciplined the only thing we ask for is that the discipline correlates with the offense committed. An officer should not be demoted, given lengthy suspensions or terminated when a minor infraction has occurred. Before Chief Parquette took over we had not had an officer ask for a Bill of Rights hearing in almost 15 years. Prior to his tenure the City’s legal bills for disciplinary matters went from approximately 0 to approximately $400,000. The chief certainly didn’t report to the union but was his spending of large amounts of taxpayer monies on disciplinary matters not in the best interest of the City? I think that is obvious and the union prevailed in all of those matters. If we had a reasonable chief asking for reasonable discipline we would not have had the City spending $400,000 on frivolous disciplinary matters. We also believe the chief should defend their officers when they have done nothing wrong despite whatever criticism there may be via media or public opinion. The members of a police department want a chief to stand by them when the going gets rough, not look out for himself. It is the IBPO’s position that one of the 11 candidates the City promised they would promote be promoted to the chief’s position. The Mayor asserted that because the Deputy Chief asserted his rights in court utilizing a labor lawyer disqualifies him from being promoted to chief. Major DuBois felt strongly that he deserved to be the acting chief until a new chief was named by the City Manager. That is how the organization has been run since his position was created. Major DuBois was getting shafted out of the police chief’s job by the City and he stood up for himself, it kind of gives the officers of the department some hope that if he had the courage to stand up for himself he might be the type of person who would stand up for his officers, not the union. Councilman Cusack stated at the last meeting that the reason why Major DuBois could not just be named acting chief was because he was currently under investigation in connection with a prosecution which departed from standard procedures. That seems like the Major committed some horrific act and that there is a major investigation. The truth is Major DuBois had an investigation reopened into a matter involving a simple assault. The matter had been closed by an officer in charge and then reopened by Major DuBois the matter was then reviewed by the City Solicitor who felt that the matter should not have been closed but instead charged and prosecuted. The suspect was prosecuted and convicted despite the suspect’s connection to a member of the City Council. If I follow Councilman Cusack’s argument and the suspect was successfully prosecuted and this somehow disqualifies the Major from being acting chief then everything has been turned upside down. The case illustrates why we are carrying signs stating Keep Politics Out of the Police Department. Our fear is if we get an outside chief who is dependent upon getting his job and maintaining his job based on politics it might make all the difference about who you know. That is not a community our Citizens deserve to live in. Major DuBois has no confusion that his is part of management and not the union, if he was part of the union he’d be asking Councilman Cusack to formally notify him that he is under investigation, who is conducting it and what charges are being lodged against him. He hasn’t asked any of those questions because he could be out of a job, if he was part of the union he could be exercising his rights to defend himself. Councilman Cusack also stated if there are financial sacrifices to be made how will Major DuBois accurately represent management? If there are financial sacrifices to be made by police officers to balance the books it doesn’t matter who the chief is it matters who the union president is and whether the rank and file feel they have been treated fairly by City government. Entering an agreement in good faith means just that both parties in the agreement try the best they can to make the agreement work. If the City government can’t keep a promise on a personnel matter how can we trust them on far larger issues. Mayor Larisa stated that you were told several months ago by the City Manager that the take home vehicles used by the Captains did not involve personal use. That is not true. The directive dated after May 1, 2009 which was sent to me which I forwarded on to the Captains, this is the only sign directive by the Manager which informed the Captains of a strict commuting policy for the take home vehicles. These cars have been used by the Captains for personal use for the last 56 years. It is part of their compensation in lieu of overtime. The truth is these dedicated public servants have been trying to work out a policy that balances personal use with the fact that they are on call 24/7. The City’s own lawyer drafted a policy that I was willing to sign. The City Manager instead reneged on his promise to sign the agreement leaving the City Solicitor somewhat baffled and angry. Mayor Larisa was very specific if we do away with the cars the Captains will go after the City for overtime. That is not true. Mayor Larisa also asserted that union membership is antithetical to becoming chief of police every police officer in a department is a member of a union with the exception of the chief and deputy chief then it would rule out our acting chief Lt Studley of the State Police, he was not only a member of a police union, he was the Vice President of the Trooper’s union for 3 years. Councilman Cusack suggested that the City Council should look outside for a police chief because of profanities and unprofessional behavior of a junior officer and that this was corroborated by one of the City Solicitors. A complaint had been filed with our internal affairs division and the Solicitor did not corroborate this information. To Councilman Cusack’s credit he acknowledged he may have been misinformed and that it might have been the prosecutor who could confirm the behavior. The prosecutor was Assistant Attorney General Jason Knight and his position is that the officer did not engage in unprofessional behavior and that Mr. Knight recommended the jail time for the defendant. The officer Councilman Cusack is referring to is Officer John Toomey who is a 19 year veteran and the winner of one of the highest department awards that can be received. Officer Toomey has won the Gallantry Star for disarming an individual of a handgun at a crowded carnival. Officer Toomey is also the officer who apprehended the individual who destroyed the brand new soccer field Councilman Cusack spoke about at a previous meeting. I will continue to come up here as long as untruths, innuendos and half truths are put forward by certain members of the City Council as being factual. Councilwoman Perry said she was taken aback by our picket signs saying Keep Politics Out of the Police Department. I am taken aback by Councilwoman Perry not recognizing the politics she brought into the police department by breaking the promise she made to us when she approved our contract in July of 2008. I think I understand the purpose of the majority of the City Council and the City Manager and the best way to deal with them is to meet them fair and square on any issue, we must fight them, not talk to them and pursue them until they cry enough. Conflict is the remedy the City Council has chosen and I say let’s give them all they want.
Mayor Larisa stated the big issue here is does the City Manager have the right to go outside the Department to possibly choose a chief, giving him the option to choose either inside or outside and not limit the selection. The Charter says we stay out of the selection process and that is what we will be doing. The City Manager manages who he will select in management. I don’t know the Deputy Chief and I am not stating he is not qualified. I was merely pointing out the Deputy Chief went with the Union to sue the City and did not inform the City Manager that he was doing so. In chambers his attorney represented that the Union was going to suffer irreparable harm. With respect to the former chief’s pension he would not have been paying the whole bill he would have been paying around $4,000 in those two remaining years. The City Manager chooses every Department Head without interference from the Council. The Mayor proceeded to read an excerpt from the IBPO contract which refers to the hiring of Police Chief. There is a reason this is not mandatory, if it were it would be unlawful because it would violate the City Charter and a series of Supreme Court Cases that discuss non-delegable management there is no other contract in the state that even tries to make it mandatory. You cannot have the Union limiting who the City Manager can hire as Chief. As long as this is a guideline he can go with or deviate out of then it is not going to violate the law. If the Council tries to tell the City Manager who can pick we can lose our seat. This may never be an issue the City Manager has ten applicants from within the department.
Councilman Cusack stated with respect to the outburst that happened at the courthouse by an officer that Assistant City Solicitor Craven somehow had recanted before Internal Affairs. I would ask how does the Union president even know what was discussed in Internal Affairs. I spoke with Solicitor Craven today and he said he was absolutely consistent. The only instance that may have been misconstrued that when asked if he was offended he said he wasn’t particularly offended by it but that is not backing off the statement. Solicitor Craven asserts whether or not the Attorney General’s prosecutor witnessed it or not the Solicitor did. I don’t challenge the union president’s right to defend him but I do challenge when my version of what happened is twisted. With respect to the comments relative to the Union complaint lodged by the current Major who serves as a Deputy Chief it is troubling that he is being represented by a union lawyer. The judge is respected in Superior Court and he too was ridiculed in his definition of absence. He read the documents in front of him and came to a determination whether or not the union likes that decision. Whether the Major grabbed a charge from an officer who does this every day and made the determination that it did not merit prosecution in a very rare occurrence this is reopened, when the officer who made that determination is then sent to the State Police headquarters and his rights are shoved across the table to him and he is told he is the target of an investigation. If I were a member of the police department I would feel betrayed and blindsided by that episode and we are going to find out what happened there, there is an investigation by the State Police which has been referred to the Attorney General’s office and we’ll find out what comes of this. Solicitor Craven has been asked to look into it and he is holding off until the Attorney General makes its decision. What I would hope is that the Attorney General’s office will decide to do something or nothing and let us know so things can move on. I would hope the interview process for Chief will proceed quickly under the City Manager. Let’s not drag things out.
Councilwoman Perry stated she went on the Preserve the East Providence Police Department website and noted it says please support us by contacting Council members, Larisa, Perry and Cusack and tell them to select a Chief from within the Department. Again if you are telling people to contact us then you are not keeping politics out of the police department. We don’t want to be involved in it.
Councilman Coogan asked the City Manager and the Solicitor if things go to court and the union wins and the officer you chose left his job to come here then has to leave this job, do we have to buy that person out? Do we have to give the difference to the Deputy Chief?
Mayor Larisa said that could be construed as a scare tactic so that the City Manager will not choose anyone from outside the department. Everyone who applies knows the situation and would have to deal with something like that.
City Manager Brown said it would then become a legal issue and he would look to Solicitor Briden to give guidance. However, I would say that if in this case they are not aware and they proceed in the process they would be made aware and would have to make a judgment whether or not they wanted to continue.
Councilman Coogan stated it’s a risk on the City we would have to buy out their contract.
City Manager Brown said we do not give three year contracts they don’t have contracts they are fired for cause.
Councilman Coogan asked if a person is hired from within the department do we have to give them back pay as the chief?
City Manager Brown replied not that he was aware of.
Councilman Coogan asked if he wanted to take that section out of the contract regarding the chief selection.
City Manager Brown said he did want to but there was considerable push back from the union and in reading the contract I felt that I did not need to push the issue because I had more latitude than was believed by the union members. I would have liked to remove any sort of ambiguity so that we would not have to have the discussion we are having now.
Mayor Larisa added that was the position of our prior Solicitor and our current Solicitor.
Councilman Coogan wanted to know what is the projected cost to the City in fighting this?
City Manager Brown said he cannot speculate on that. In house or in house attorneys would be a question for our legal department.
Solicitor Briden said strategy like this is best discussed in Executive Session these are items that relate to a particular case.
Mayor Larisa stated it will not run into a couple of hundred thousand dollars. What you have is a union trying to set the terms of the top management in a department. This will go very quickly in the courts if it comes to that. It may be our tax money but we don’t just give up the City Manager’s responsibilities.
Councilman Coogan stated you have to consider those who are working in the department and that you are cutting off options for promotions that they have worked hard for to have a good quality of life. We have a job to see that those in the department who are qualified have an opportunity first.
Mayor Larisa stated that is all good but we also have to think of what is in the best interest of the entire City to get the best and the brightest. It’s not about their right to move up vs the best and the brightest. You have two solicitors who agreed it should be taken out and the City Manager. There was a push to strengthen this part of the contract in the past around the time Miranda was soon to become chief. It doesn’t mean anything, the language is what counts and in my opinion it won’t fly in court.
Councilman Coogan we went outside to look for a City Manager to get the best and the brightest and I am not happy with him.
Mayor Larisa stated as I have said before they had an inside chief and they were not happy with him.
Councilman Cusack stated as a reminder it cost over $400,000 in taxpayer money on personnel matters and disciplinary cases by the former chief so it can be costly to have the wrong leadership too. Anyone who wants to arbitrate anything, we could save money by getting rid of all our lawyers and save all that money and not defend ourselves. When we praise the school department one of the savings is the unilateral cuts and it was a big sacrifice and I acknowledge that and the taxpayers are getting some measure of relief now. This sacrifice was imposed on them and was not done by their choice. If we had no attorneys we would save legal fees but would it save the City any money? It would cost us tens of millions when we were all done.
Councilman Coogan said the City Manager should have seen the $400,000 as it was coming down the pike and he didn’t do anything.
Officer Rossi came up to address a few points. I have heard that Solicitor Oliverio would be handling the case although he is severing ties with the City.
Mayor Larisa stated he is not severing ties.
Officer Rossi stated as far as keeping politics out of the police department I disagree that it is not your job to do this because there was some sort of quorum that you went along with the City Manager’s suggestion. I further want to thank the City Manager for showing me how to specifically engage in bad faith bargaining. Put something on the table and take it off because the attorneys say you can get away with it.
Councilman Coogan asked if he was under the impression that the City Manager, upon signing the contract, would hire from within.
Officer Rossi stated he was under the impression that he would follow the goals. Now I wonder did he advertise in law in order magazines, police beat, chiefs association publications I don’t think he did? What this is about is a promise. We increased our co-share, we took zeros to fund all those co-shares, we separated into a two tier system and I took a lot of heat for that. I fulfilled all my promises and all I am asking him is to fulfill his promises. We might lose in court but I don’t think so. This one act has spawned many grievances.
Mayor Larisa stated when you have ambiguous language this happens, you tried to strengthen it and the City wanted it out and it was left and here we are. He never promised.
Officer Rossi maybe he led me on to believe this and I trusted him and perhaps it was because the City always kept its word.
Mayor Larisa asked if the City Manager made different statements to Officer Rossi telling him he was going to pick someone from the ranks.
Officer Rossi said he did not but when he left the room he made me feel like he was. I certainly never thought this was going to be an issue.
Mayor Larisa asked if he thought that because the City Manager dropped it he agreed when in fact he had spoken to legal counsel and felt he had more leeway?
Officer Rossi said that is correct.
Councilwoman Perry asked for unanimous consent and it was granted, she made an announcement regarding Friday June 12 for American Flag Day and Day of Portugal at 12 noon a ceremony and free food and the public is invited. She also reiterated the information regarding the Duck Race she announced at a previous meeting.
F.ADJOURNMENT
In honor of two former East Providence Harbor Masters Ron Mathers and Bob Petersen.
The motion is made to adjourn in their honor by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous. 9:16pm
Attest: Approved by Council: June 16, 2009
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Kim A. Casci
City Clerk