CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF SPECIAL COUNCIL MEETING

August 11, 2016

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00 P.M. Open Session

 

I.          CALL TO ORDER

 

II.        SALUTE TO THE FLAG

 

III.       NEW BUSINESS

 

A.  Resolutions

 

1.      RESOLUTION PURSUANT TO SECTION 2-11 OF THE CHARTER OF THE CITY OF EAST PROVIDENCE TO REMOVE THE CITY MANAGER FROM OFFICE

WHEREAS, the City Manager was appointed by the City of East Providence on September 23, 2015; and

 

WHEREAS, the Memorandum of Agreement for the employment of the City Manager dated September 23, 2015 in Section (2) entitled Term states that the City Manager may be removed; and

 

WHEREAS, Resolution Number 14 was adopted by the City Council on September 23, 2015 authorizing the City Council’s hiring of the City Manager; and

 

WHEREAS, the paragraph labeled Term of Resolution Number 14 states that the City Manager may be removed by a majority vote of its members; and

 

WHEREAS, Resolution Number 14 further states that at least thirty (30) days before such removal shall become effective, the City Council shall, by a majority vote of its members, adopt a preliminary resolution stating the reasons for his removal.

 

WHEREAS, pursuant to City Charter, the City Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request; and

 

WHEREAS, pursuant to City Charter, the City Council may suspend the City Manager from duty, but shall in any case cause to be paid forthwith any unpaid balance of his salary for the next three (3) months following adoption of this preliminary resolution; and

 

WHEREAS, that the City Council of the City of East Providence at this meeting of the said City Council votes to remove the City Manager, Richard Kirby and he is hereby removed effective thirty (30) days after the date of adoption of this resolution for the following reasons:

 

1.      Failure to investigate allegations by a City employee of sexual harassment, retaliation and discrimination pursuant to the City’s Sexual Harassment Policy exposing the City to potential substantial liability.

2.      Due to the failure of performing charge #1, unnecessary costs totaling, to date, approximately $150,000.00 of City funds have been appropriated in the termination process of a City employee violating her due process rights.

3.      Insubordination for failure to respond to City Council members repeated telephone calls and e-mails.

4.      Violating City Charter by hiring outside legal counsel at City expense.

5.      Violating Rhode Island state law by waiving interest and/or penalties of taxpayers.

6.      Violating Rhode Island state law by removing taxpayers from City tax sale.

7.      Failure to take any action to address an alleged violation of the City’s Sexual Harassment Policy.

8.      Failure to abide by Hiring Resolution No. 31 by authorizing and allocating the amount of $7,319.55 to former Acting City Manager Paul Lemont in the form of “unused vacation time” when Paragraph #3 of said Resolution called for no benefits to be paid.

NOW, THEREFORE, BE IT RESOLVED pursuant to Section 2-11 of the Charter of the City of East Providence, the Memorandum of Agreement dated September 23, 2015 and Resolution No. 14 adopted September 23, 2015, the City Council hereby adopts this preliminary resolution to remove the City Manager from office with cause.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby removed from office with cause and is immediately suspended with pay as dictated by City Charter from the performance of any further duties as City Manager of the City of East Providence.

 

This resolution shall become effective upon its passage.

 

Requested by:  Councilwoman Capobianco and Mayor Rose

 

Councilman Britto states that it is a shame the City Council is going through this again.  The only time the media are here is when something goes wrong.  We have a horse and pony show.  On July 29^th we received a text from the City Clerk for an August 1st meeting.  I didn't know what it was and didn't have immediate access to email at that point.  Normally, we are asked can you make this meeting and that was not the case at this time. 

Mayor Rose stated you asked to move the meeting because you were on vacation so it was moved. 

Councilman Britto noted that it was only Councilwoman Capobianco that answered the email and stated that she was more than willing to move it when I requested it.  

Mayor Rose stated it was delayed 10 days for you.

Councilman Britto stated that two people are sponsoring the resolution who are not seeking office again.

Councilwoman Capobianco stated that she could answer this.  The fact that she is not seeking re-election has nothing to do with doing the right thing.  From now until the next term are we supposed to do nothing at all?

Councilman Britto asked how many city managers has the City been through?  How are we going to attract a new city manager when they can be fired at any given time?  How much have taxes gone up to pay for this?  Adding he sat here with his mouth shut but it goes to settle lawsuits, our money, the tax payer’s money.

Mayor Rose stated he was out of order and to please speak to the item on the docket.

Councilman Britto stated he is tired of the shenanigans. All this is, is a horse and pony show.  Roads are not getting paved, schools are falling apart, we focus on city managers, all of which have been fired or released through your watch. You are the issue, you are pathetic and a disgrace.

 

Members of the audience ask to speak. 

 

Solicitor Chapman stated this is a preliminary resolution there is no public discussion. 

Mayor Rose stated the city manager has a right to a public hearing. 

Solicitor Chapman stated that the city manager has to request the public hearing after the adoption of the resolution no earlier than 20 days nor later than 30 days as dictated by the City Charter.

Councilman Britto stated we all voted for this man, unanimously, 10 months ago not even a year.

 

Audience members request to speak.

 

Solicitor Chapman states there is no public comment allowed on the preliminary resolution.  He reminds the Council members they are only allowed to address the question twice with two comments and beyond that they can do it with Council approval.

Councilman Conley states that he would like to go on record saying he agreed it would have been highly inappropriate to have a meeting while Councilman Britto was on vacation and that all five members should be present. He did have concerns about that and has respect for Councilman Britto and thought it was appropriate for him to be present.

 

A motion to allow discussion before the motion and the second is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote the motion passes 4-1 with Mayor Rose voting Nay.

A motion to approve the Resolution is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote the motion passes 3-2 with Councilman Britto and Assistant Mayor Cunha voting Nay.

 

IV.       ADJOURNMENT

 

A motion to Adjourn at 7:31PM is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote the motion passes 3-2 with Councilman Britto and Assistant Mayor Cunha voting Nay.

 

Approved By Council:  September 6, 2016

 

Attest:  _______________

                  City Clerk