I.                   EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (1) & (2).

A.    Commission for Human Rights Matter

Kathleen T. Waterbury vs City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian

A motion is made to go into Executive Session pursuit to RI General Laws § 42-46-5 (a)(2) for the purposes of discussing item A and to reconvene in Open Session to discuss item B by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.   

B.     City Manager Job Performance Review

At 7:35PM the City Council reconvenes in Open Session. 

Solicitor Chapman reports out the votes from Executive Session.

The City Council determined it needs to investigate the matter by retaining outside legal counsel and this was approved on a 5-0 vote.

The City Council recommends to the City Manager that he have the Director of Human Resources report to the City Solicitor during the investigation and this was approved on a 4-1 vote.

The City Council voted to seal the minutes on a 5-0 vote.

The City Council voted to return to Open Session on a 5-0 vote. 

City Manager Kirby requested to be seated at a table facing the City Council.

The City Manager states that last week he asked that the item under Job Performance Review be done in public session.  He asked what reason the Mayor requested to have the item Job Performance review placed on the docket. 

Mayor Rose stated that the City Council is taking up both items because he is the only person this Council can go to for this.

Councilman Conley states that no action will be taken on his job status.

The City Manager stated to the Mayor that with all due respect, during his tenure since he has worked for the City, he has conducted himself in a very professional manner.  He noted that many times he indicated to the Mayor that he was involved inappropriately City government.  One of the issues in his 60 day report indicated the job performance of the Human Resource Director.  He added to the Mayor that he would constantly come to City Hall and make demands on issues and as the City Manager he would push back and he added that he feels the Mayor put this on Executive Session to intimidate him.

Mayor Rose stated no not at all.

The City Manager stated when he noted he was not satisfied with the Human Resource Director the Mayor would constantly have lists of people that he would note weren't doing their jobs and when he would get back to the Mayor he was not satisfied. The City Manager continued that the Mayor was unhappy with the former City Manager Paul Lemont being in the building.  He repeated that the Mayor put this on the docket to intimidate him.

Mayor Rose replied no not at all.

The City Manager stated that he would not go into any further detail but would be happy to get into further detail when this item is litigated.  Adding that the statement that he had failed to investigate he will disclose at that time.

Assistant Mayor Cunha asked what the City Manager meant by interfering with government matters.

The City Manager stated that time and again he would receive emails and calls from the Mayor indicating that city officials were not doing their job.  He would visit department heads.  He would request issuance of permits.  He went to the Solicitor for Municipal Court on an item.

Mayor Rose stated that he can ask any question he wants per section 2-12 of the City Charter.  He also added that he is not on review here.

The City Manager read section 2-12 of the City Charter.  He added that his statement is that the Mayor has made orders to people in this City as to how to carry out their duties.

Councilman Conley stated to the City Manager that he is making some serious allegations and asked the City Manager if he would have concerns with working with the City Council going forward.

The City Manager stated that he had a good relationship with the Mayor until the Human Resource Director issue and after that he does feel he can move forward but he will not be intimidated.

Mayor Rose stated that he gave no orders only asked questions and that's it.

II.                ADJOURNMENT

A motion to Adjourn at 7:43PM is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

Approved By Council:  February 16, 2016

Attest:  _______________

     City Clerk