I.          CALL TO ORDER

                        5:42 PM

COUNCIL SITTING AS

THE EAST PROVIDENCE POLICE DEPARTMENT TOWING AUTHORITY

II.        PUBLIC HEARING

A.Show Cause Hearing-Ocean State Towing, 120 Pershing Street (02916), Steven Ladeira, 177  Pleasant Street, Rehoboth, MA. 

Per a ruling by Assistant Solicitor Gina DiCenso, the Mayor recuses himself from voting but is allowed to Chair the meeting.

Assistant Solicitor Robert Craven serves as prosecution for the City and calls Chief Tavares as his first witness. The Chief confirmed looking into several complaints regarding the tow company in question as early as 2009 shortly after becoming Chief.  Complaints such as not being able to retrieve items from vehicles, towing to wrong locations and overcharging, in addition the Chief checked into the PUC where a series of other complaints had come to their attention and they were investigating Ocean State Towing. A report from PUC states they were deficient and responsible for a series of bad acts and they were subsequently fined.  A police report was also given that an employee of Ocean State Towing stole an ATV in another state.  Chief Tavares indicated that Ocean State Towing was not meeting the expectations which the EPPD and the City want them to meet adding that their conduct has been substandard.  This investigation showed these weren’t isolated instances but a pattern of behavior and the recommendation was to give them an opportunity to be heard but it is clear that based on the substandard service they be removed from the police tow list. 

The attorney for the defense is Brian N. Goldberg, DeLuca and Weizenbaum, Ltd., 199 North Main Street, Providence, RI 02903.

Mr. Goldberg objects to the submission of the PUC reports for the record as the person presenting them is not present. 

Assistant Solicitor Craven stated that these were official copies provided by the PUC and that they be presented as part of the record. 

A motion is made to receive the documents as part of the record by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Mayor Rogers recusing.

Chief Tavares is cross examined by the Defense.

Chief Tavares indicated that he offered to the Council that Ocean State be heard at a show cause hearing and that they be provided with a chance to explain, though the incidences were pretty clear cut, still a chance to be heard was recommended. Ocean State Towing was terminated from the list prior to the hearing and that it could have been a suspension but that is best answered by the City Solicitor.

The Defense states that the employee involved in the ATV theft has been let go.

A variety of complaints are reviewed briefly.

The Defense explains the overcharges, noting the small amounts of most between .50 cents and $3 with one being $193.  The Defense indicates the majority of the $3 overcharges was a clerical miscalculation.  The Defense asks a series of questions regarding the errors and the fine amounts. 

Access to a particular complainant’s vehicle is covered and at one point Assistant Solicitor Craven objects to the questioning as being beyond the scope of the witness, Chief Tavares.

Mayor Rogers states the objection is noted for the record.

Chief Tavares addresses when the official investigation by Council was asked.  The Chief indicated it was December 7, 2010.  At the time there were six tow companies and the recommendation from the Chief was to keep six on the list.  The complaints which the EPPD received regarding Ocean State Towing are briefly reviewed. 

Assistant Solicitor Craven cross examines Chief Tavares again. 

Storage fees are covered as well as abandoned vehicles.

Assistant Solicitor Craven addresses the comments regarding a combination of complaints as the Chief previously referred to and asks for further details.

Comparisons of complaints against the various tow companies are covered and Chief Tavares indicates almost none against other companies vs the majority against Ocean State.

Mr. Goldberg objects to these comments as hearsay.

The objection is sustained by Mayor Rogers.

Assistant Solicitor Craven calls as a witness an inspector Craig Sroka with the EPPD.

Assistant Solicitor Craven submits exhibit with Inspector’s report.

Mr. Goldberg objects as to hearsay regarding the comments of the witness.

Mr. Goldberg cross examines the witness.

Councilman Conley makes a motion to accept the Inspector’s report as exhibit #2, this is seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Mayor Rogers abstaining.

Assistant Solicitor Craven calls Fredrick William George Patrolman EPPD.

Patrolman George is cross examined by the Defense.

Assistant Solicitor Craven calls Patrolman Paul Rodrigues EPPD.

Patrolman Rodrigues is cross examined by the Defense.

Tom Riley, 3625 Pawtucket Avenue, testifies in favor of removal of license as part of the Public Hearing.

Mr. Goldberg calls Steven Ladeiro, owner of Ocean State Towing.

The Defense proceeds through various explanations of complaints in the report and reviews policies and procedures regarding towing for the City of East Providence.  Additionally, they review how Mr. Ladeiro was made aware of the removal and subsequent Show Cause Hearing.

Assistant Solicitor Craven objects to the usage of a quote from the newspaper. 

Objection is sustained by Mayor Rogers.

Mr. Goldberg objects to the fact that the article is speculation and asks that the objection be duly noted for the record.

Mayor Rogers rules this duly noted.

Councilman Conley asks to see a copy of the contract for towing in the City of East Providence which Mr. Ladeiro has with him.  However, upon review Councilman Conley states he does not see a contract in the package. 

Assistant Solicitor Craven cross examines Mr. Ladeiro.

A review of the PUC violations regarding overcharging, surcharges and fuel charges.

Mr. Goldberg objects to the findings not in the PUC report.

Objection is sustained by Mayor Rogers.

Solicitor Craven reviews the 30 charges there was a $7,700 fine the first time and the second time was for the missing TomTom and information missing on the slip for a total of $3,000, there was probation for the first one. Mr. Ladeiro states that he signed the City’s rules and regulations regarding towing for which Mr. Craven states the City does not have. Mr. Craven reviews the Council meeting when the Council removed the defendant from the tow list.

Mr. Goldberg cross examines Mr. Ladeiro again.

Mr. Goldberg shows the Defendant a copy of the City of East Providence rules and regulations for towing.

Councilman Conley asks if this document is purporting to be the rules and regulations then present the regulations as exhibit with proper foundation to show they are indeed the regulations. 

Councilman Conley asks the Council be shown the documents.

Councilman Conley questions the foundation again in order to show these are the regulations.

Councilman Conley notes that these were not signed and there is no proof to show these are the duly adopted regulations.

Councilman Conley makes a motion to accept the regulations admitted as an exhibit, as it has been stated by the witness that they are the regulations, this is seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Mayor Rogers abstaining. 

Defense asks questions of Mr. Ladeiro regarding the removal without a show cause hearing.

Assistant Solicitor Craven objects as the Defense is calling for a legal conclusion.

Mayor Rogers sustains.

Assistant Solicitor Craven objects as to the Defense asking Mr. Ladeiro the Council will conclude he is innocent of the charges.

Mayor Rogers sustains. 

Councilman DiGioia asks if Mr. Goldberg if he acknowledges any mistakes of his client or his company.  He has violations and has paid the penalty has been deprived of liberty for almost two months, he’s been suspended or terminated without a hearing, he should sustain no further penalties.

Councilman DiGioia calls Chief Tavares to the podium and asks if based on the testimony has his opinion changed as to the removal of Ocean State Towing.  The Chief responds no his opinion has not changed.  In his opinion, as it relates to them towing for the City of East Providence, along the line they engaged in a series of bad acts, a series of complaints, speaking of how they were not treated well beyond the PUC complaints.  Adding that he believes they have operated substandard as it applies to East Providence.  The recommendation is to remove them from the list and this is up to the Council as well as how long they might remain off the list. 

Speaking for removal of Ocean State from the East Providence Tow List, Paul Yatta, 105 Rogers Williams Avenue, regarding his niece’s problem with the company.

Summation is given by both the Defense and the Solicitor.

Assistant Solicitor Craven during summation is objected by the Defense, Mayor Rogers rules objections are not allowed during summation.  

A motion to remove Ocean State Towing from the East Providence Tow List is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Mayor Rogers abstaining.

III.       ADJOURNMENT

A motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call it is unanimous. 

Approved By Council:  May 1, 2012

Attest: _______________

            City Clerk