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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SPECIAL COUNCIL MEETING
August 24, 2017
6:00 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:00 P.M. Council May Call An Executive Session, Room 101
7:00 P.M. Open Session
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. Collective Bargaining
School Committee Request for Approval of Final Tentative Agreement between EP Education Association and EP School Committee
II. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:23PM and calls for a moment of silence for Maria Raposo who passed on Newport Avenue after being hit while crossing the road.
III. SALUTE TO THE FLAG
IV. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
1. School Committee Request for Approval of Final Tentative Agreement between EP Education Association and EP School Committee
The City Manager explains that the Charter requires approval and the Fiscal Advisor assigned to the City for 5 years also needs to approve any and all contracts. The Council has been supplied various documents supplied by the School Department. He thanks the Superintendent and School Department and the State Fiscal Advisor Paul Luba and calls Mr. Luba to the podium.
City Manager Chapman states that the Superintendent has requested, due to some circumstances in the contract and due to time changes and other circumstances that this be approved sooner rather than later.
Mr. Luba notes he was part of the majority of the negotiation sessions and it is his opinion this is a reasonable contract for the teachers and provides for salary increases over 3 years and it gets the teachers into the higher levels than exist now for all steps. Over the course of the contract the level 10 which is the majority of teachers, approximately 67% are currently at the bottom in the State and now they will be about halfway. Teacher's that teach in a large city with a mostly urban population face challenges and this compensates the teachers adequately.
Councilman Faria asks if the Council approves the contract then where will the teachers place.
Mr. Luba states that right now East Providence level 10 teachers are second lowest to the bottom with only Woonsocket being below them. This will put them in the 50% rage and the other step levels will be near the top 10.
Councilman Faria asks if this would help retain teachers.
Mr. Luba states that is the argument right now. The argument is that they hire and train and then they leave where they are offered more money.
Councilman Faria asks that given the fact the State indicates the funding will remain static how will the Council pay for contracts in year 2 or 3?
Mr. Luba states they are going to have to discuss this in detail when they discuss the budget. Next year’s State funding is scheduled to stay the same. This will have to come from tax payers or expenditures will have to be reduced on the school or city side. It is a challenge every other municipality will be facing and will not be easy to address. It will have to be done during the budget. His recommendation is that he will sign off and recommend the contract to the City Council.
A motion to approve is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. Resolutions
Assistant Solicitor Conley notes there were time constraints in working to put all the resolutions together in time for the meeting. There will be a number of changes, strikes, typos, scrivener’s errors and amendments that will need to be adjusted. He notes that regarding changes in the fund balance from 10% - 5% and eliminating the mandate for the Capital funds he is requesting a Sub A for this. They are separating the accounting from restricted to unrestricted. They are cleaning up the language to affect how the City’s Finance Department does the budget. It allows the Council and the Mayor some flexibility on how they craft their budget and hopefully there will be no circumstances where they will need to deal with it but it allows for greater flexibility. The Council heard in Executive Session that the amount of discretionary budget is very small, about 10% and managing 1.75% to go to the capital further restricts the budget. He understands he always talks about capital improvements but the bond for the roads will essentially take care of the roads. This would still allow the city administration to deal other issues and to address the circumstances which may arise.
Chairman Russo states the Council had asked about the definition of anticipated revenues and if it was cleared up by the amendment they were discussing. It did not at that time but this one does change it to general fund operating revenues. Going forward the Council will know even with the Sub A to allow for over the 12% to go to capital projects. There should be no more guess work. The sentiment of the Commission when it came up at a commission meeting it was originally deferred. It was originally 15% then discussed again. It was then reduced to 11.5 and it failed. Then it was changed to 12% as a friendly amendment. Then it was voted on as what is before the council tonight and that passed 6-4. Some may have been against the whole idea and some may have thought the reduction not enough. Director Moore revised the language for another meeting and at the last meeting where they reconsidered the amendment it passed 8-1.
Councilman Botelho notes that it sounds like this was basically in line with what they were thinking.
Mr. Luba states they have 10% restricted and in the manner that it was in there that it was 10% which they could really never use for anything and the city probably would never get into a situation where they would ever use it. The council could use it but would have to pay it back and that would mean it couldn’t be used indiscriminately. He notes he likes the way the new language is written.
Assistant Mayor Britto notes the statement he made during the last meeting this was one of his biggest concerns and he may otherwise have deferred or voted against it. His biggest concern is that now there are all these unrestricted funds and he doesn’t want it to be used as a debit account but rather where they take it out of the general fund after consideration. After speaking to members of the commission and hearing Mr. Luba’s comment that banks prefer unrestricted funds and rate agencies do like it as well it has changed his mind.
Mr. Luba states that it is because they want to know if the city can’t pay the debt it has a surplus balance to pay it down and they do like restricted but really like unrestricted.
Councilman Faria thanks his commissioner Jason Desrosiers for taking the time this weekend to go over everything with him.
Assistant Mayor Britto asks about a question which was labeled 6 and now is labeled 2 and he also asks about question 4 and asks if Mr. Luba could explain that section.
Mr. Luba states that basically this is in the current language, if the city gets hit with a growth and has have to expand and has to do something to meet the needs of that to restrict the fund and if growth is too big or too strong the city has to make some expenditures to handle the growth then it would have to pay it back.
1. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT
TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE
VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council desires to amend the City Charter as follows:
ARTICLE V. BUDGET
Sec. 5-15. [Budget reserve fund.] Fund Balance and Budget Act
Sec. 5-15. [Budget reserve fund.] Fund Balance and Budget Act
(a) No budget act shall cause the aggregate expenditures enacted in any given fiscal year to exceed ninety nine percent (99%) of the anticipated revenues for such fiscal year as defined in Article V, Sec. 5-5 of this Charter.
(b) There is hereby established a budget reserve fund. Revenues in this budget reserve fund may be included in the budget, whenever:
(1) Except as explicitly authorized herein, every budget act enacted in any given fiscal year must allocate at least one percent (1%) of anticipated general fund operating revenues for any given fiscal year to the Fund Balance.
a. Any given fiscal year budget act’s aggregate expenditures may only exceed ninety nine percent (99%) of anticipated general fund operating revenues if the Fund Balance is greater than twelve percent (12%) of the prior fiscal year general fund operating revenues.
(2) There is hereby established a Fund Balance. Said Fund Balance is funded with monies that are not otherwise allocated within any given fiscal year budget act.
a. The Fund Balance shall be segregated into two (2) parts, the restricted Fund Balance and the unrestricted Fund Balance.
b. The restricted Fund Balance shall take funding priority over the unrestricted Fund Balance. No funds may be allocated to the unrestricted Fund Balance until the restricted Fund Balance is equal to at least seven percent (7%) of the general fund operating revenues.
c. The restricted Fund Balance must be kept in reserve and will not be included in the general fund operating budget, unless:
i. The city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance;
ii. The city experiences or anticipates an emergency situation, which shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than ten and one-half percent (10.5%);
iii. The city forecasts or experiences debt services expenditures net of any state aid reimbursement which exceed the prior year's debt service expenditures by an amount greater than three and one-half percent (3.5%) and which are the result of bonded debt issued in a manner consistent with general law or a special act;
iv. The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.
Whenever funds are used, they must be replenished in equal parts over the three (3) succeeding fiscal years to the amount that would have been in the fund had the expenditures not been made from the fund.
(c) The amount between the applicable percentage in (a) and one hundred percent (100%) of the anticipated revenue for any fiscal year defined in Article V, Sec. 5-5 of this Charter shall be transferred in any given fiscal year into the budget reserve fund; provided, however, that no such payment will be made which would increase the total of the budget reserve fund to more than ten percent (10%) of only the anticipated revenues as set by subsection (a) of this section.
(d) In the event that the payment to be made into the budget reserve fund would increase the total of the budget reserve fund to more than ten percent (10%) of the anticipated revenues as defined in Article V, Sec. 5-5 of this Charter. In the event that the payment to be made into the budget reserve fund would increase the amount in said account to more than ten percent (10%) of estimated state general revenues that said amount shall be transferred to a capital fund to be used solely for funding capital projects.
(3) The city’s annual general fund operating budget shall include an appropriation of at least one point seven five percent (1.75%) of the city’s general fund operating budget revenues for capital projects. Capital projects shall not include debt reduction, principal or interest payments on debt, or for any other type of financing arrangement, but shall only be used for payment of direct actual expenses incurred for capital projects.
(4) For the purpose of this section, general fund operating revenues is defined as the city and school budget, less the state aid and federal aid restricted to the school budget.
NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment be summarized on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot question expressly state that this amendment shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
A motion to approve with the proofing changes as listed by Assistant Solicitor Conley is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
A motion to strike all subsections adjusting the lettering 10% to 12% and to make the wording more simplistic for submission to the Secretary of State and for the ballot is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
2. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED
AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL
BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and
WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:
Duly adopted by the East Providence City Council on the 15th day of August, 2017
Amends Article V. Budget, Section 3-15, Fund Balance and Budget Act.
Shall the Charter be amended to:
· Correct ambiguous language regarding the Fund Balance calculation
· Increase the total fund balance requirement from ten percent (10%) to twelve percent (12%)
· Decrease the restricted fund balance from ten percent (10%) to seven percent (7%)
· Create a new five percent (5%) unrestricted fund balance
· Create a one point seventy-five percent (1.75%) capital projects fund?
NOW, THEREFORE, BE IT RESOLVED that this summary of a proposed Charter Amendment be placed on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot question expressly states that the Charter Amendment shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
3. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council desires to amend the City Charter as follows:
ARTICLE V. BUDGET
Sec. 5-15. [Budget reserve fund.] Fund Balance and Budget Act
Sec. 5-15. [Budget reserve fund.] Fund Balance and Budget Act
A. No budget act shall cause the aggregate expenditures enacted in any given fiscal year to exceed ninety nine percent (99%) of the anticipated revenues for such fiscal year as defined in Article V, Sec. 5-5 of this Charter.
B. There is hereby established a budget reserve fund. Revenues in this budget reserve fund may be included in the budget, whenever:
(5) Except as explicitly authorized herein, every budget act enacted in any given fiscal year must allocate at least one percent (1%) of anticipated general fund operating revenues for any given fiscal year to the Fund Balance.
a. Any given fiscal year budget act’s aggregate expenditures may only exceed ninety nine percent (99%) of anticipated general fund operating revenues if the Fund Balance is greater than twelve percent (12%) of the prior fiscal year general fund operating revenues.
(6) There is hereby established a Fund Balance. Said Fund Balance is funded with monies that are not otherwise allocated within any given fiscal year budget act.
a. The Fund Balance shall be segregated into two (2) parts, the restricted Fund Balance and the unrestricted Fund Balance.
b. The restricted Fund Balance shall take funding priority over the unrestricted Fund Balance. No funds may be allocated to the unrestricted Fund Balance until the restricted Fund Balance is equal to at least seven percent (7%) of the general fund operating revenues.
c. The restricted Fund Balance must be kept in reserve and will not be included in the general fund operating budget, unless:
i. The city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance;
ii. The city experiences or anticipates an emergency situation, which shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than ten and one-half percent (10.5%);
iii. The city forecasts or experiences debt services expenditures net of any state aid reimbursement which exceed the prior year's debt service expenditures by an amount greater than three and one-half percent (3.5%) and which are the result of bonded debt issued in a manner consistent with general law or a special act;
iv. The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.
Whenever funds are used, they must be replenished in equal parts over the three (3) succeeding fiscal years to the amount that would have been in the fund had the expenditures not been made from the fund.
(c d) The amount between the applicable percentage in (a) subsection (1) a. and one hundred percent (100%) of the anticipated general fund operating revenues for any fiscal year defined in Article V, Sec. 5-5 of this Charter shall be transferred in any given fiscal year into the budget reserve f Fund Balance; provided, however, that no such payment will be made which would increase the total of the budget reserve f Fund Balance to more than ten percent (10%) of only the anticipated general operating fund revenues as set by subsection (a) (1) a. of this section.
(d) In the event that the payment to be made into the budget reserve fund would increase the total of the budget reserve fund to more than ten percent (10%) of the anticipated revenues as defined in Article V, Sec. 5-5 of this Charter. In the event that the payment to be made into the budget reserve f Fund Balance would increase the amount in said account to more than ten percent (10%) of estimated anticipated state general operating fund revenues that said amount shall be transferred to a capital fund to be used solely for funding capital projects.
(7) Capital projects shall not include debt reduction, principal or interest payments on debt, or for any other type of financing arrangement, but shall only be used for payment of direct actual expenses incurred for capital projects.
(8) For the purpose of this section, general fund operating revenues is defined as the city and school budget, less the state aid and federal aid restricted to the school budget.
NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment be summarized on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot question expressly state that this amendment shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Requested By: Councilman Botelho
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
4. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED
AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL
BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and
WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:
Duly adopted by the East Providence City Council on the 15th day of August, 2017
Amends Article V. Budget, Section 3-15, Fund Balance and Budget Act.
Shall the Charter be amended to:
· Correct ambiguous language regarding the Fund Balance calculation
· Increase the total fund balance requirement from ten percent (10%) to twelve percent (12%)
· Decrease the restricted fund balance from ten percent (10%) to seven percent (7%)
· Create a new five percent (5%) unrestricted fund balance
NOW, THEREFORE, BE IT RESOLVED that this summary of a proposed Charter Amendment be placed on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot questions expressly state that the Charter Amendment shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
A motion to accept per Assistant Solicitor Conley requests that this be passed per his summary which is what will be sent to the Secretary of State is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
A motion to amend the date to merge with Ballot Question #5 is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
5. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 9, 2017 and August 15, 2017; and
WHEREAS, the City Council desires to amend the City Charter as follows:
ARTICLE II. CITY COUNCIL
Sec. 2-3. Salary Compensation.
Sec. 2-4. Presiding officer; mayor president; assistant mayor vice president; salary compensation.
Sec. 2-14. Probate court.
Sec. 2-20. Sinking fund board.
Sec. 2-3. Salary Compensation.
The annual salary compensation of councilmen council members shall be seven hundred fifty ($750) three thousand five hundred ($3,500.00) dollars until changed determined by ordinance, but shall not be increased during the current term of councilmen council members enacting such ordinance.
Sec. 2-4. Presiding officer; mayor president; assistant mayor vice president; salary compensation.
The council shall elect an officer of the city who shall have the title of mayor president, and shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have not regular administrative duties. The council shall also elect an assistant mayor a vice president who shall act as mayor president during the absence or disability of the mayor president and if a vacancy occurs shall become mayor president for the completion of the unexpired term. Both the mayor president and the assistant mayor vice president shall be elected from among the councilmen council members. The mayor president shall receive two hundred fifty ($250) one thousand ($1,000.00) dollars such additional compensation annually, as determined by ordinance in addition to his or her salary compensation as councilman a council member until changed by ordinance, but the amount shall not be increased during the current term of councilmen council members enacting such ordinance. The assistant mayor vice president while performing the duties of the mayor president in the absence or disability of the mayor president shall receive such compensation as the council may determined by ordinance prescribe not to exceed the amount allowed to the mayor president for such services.
Sec. 2-6. Vacancies.
Any vacancy in the council shall be filled for the unexpired term by vote of the electors of the city or ward. Such vacancy shall be filled at the next regular or special election to be held in the city, or the council may call a special election for the purpose of filling the vacancy. If a vacancy in the council shall occur more than nine (9) months prior to the date for the holding of an election, the council City Clerk shall call a special election for the purpose of filling such vacancy within thirty (30) days after the vacancy occurs.
Sec. 2-7. Meetings generally; special meetings.
The first meeting of a newly elected council shall be held at noon on the first Monday of the month immediately following the regular on the first Tuesday after the first Monday in December January following a City general election.
Sec. 2-9 Powers.
(7) Inquire into the conduct of any office, department or agency of the city and make investigation as to municipal affairs and, for such purposes, the council may subpoena witnesses and require the production of records if a simple majority of at least three (3) council members passes a resolution which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena;
Sec. 2-13. Creation of new departments or offices; change of duties.
The council by ordinance may create, change, and abolish offices, departments or agencies, other than those established by this Charter.
The council by ordinance may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.
Sec. 2-14. Probate Court.
Sec. 2-14. entitled “Probate court.” is hereby deleted in its entirety.
Sec. 2-15. Canvassing authority.
There shall be a bipartisan canvassing authority elected whose members shall be appointed by the city council and nominated by the Mayor as provided by the constitution and laws of the state.
Sec. 2-16. City clerk.
(2) (C) All records of the probate and municipal courts;
Sec. 2-18. Planning board.
The council shall provide by ordinance for the appointment of a planning board whose members shall be qualified electors of the city. The planning board shall consist of seven (7) members to be appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city. The planning board shall serve in an advisory capacity to the several officers, departments and agencies of the city and shall make studies of the resources and needs of the city with reference to its growth and development.
Sec. 2-19. Zoning board.
The council shall provide by ordinance for the appointment of a zoning board whose members shall be qualified electors of the city, and an advisor to the board who shall be a competent building contractor. The zoning board shall consist of five (5) members and two (2) alternates to be appointed by the Mayor, subject to council approval, at least one (1) standing member to be a resident of each ward in the city. Alternates shall not reside in the same ward. The zoning board shall have power to hear and determine appeals from original actions on requests for building permits and to allow exceptions to or variations from the zoning regulations in certain classes of cases or situations as may be provided by ordinance.
Sec. 2-20. Sinking fund board.
The council shall provide by ordinance for a board to supervise the sinking fund until the funded indebtedness of the city not provided for by serial bonds is fully paid.
ARTICLE III. MAYOR
3-1 Election; Term of Office
There shall be a Mayor who shall be elected at the City general election for a term of two four years and until his/her his or her successor is elected and qualified. The term of the Mayor shall begin on the first Tuesday after the first Monday in December January following said general election.
Sec. 3-3. Compensation
The Mayor shall receive an such annual salary compensation of _____ [Fill in] or such other salary that may be prescribed as determined by ordinance; provided that the salary compensation of the Mayor shall not be changed after the filing of nomination papers for the office or during the term of office for which the Mayor was elected.
Sec. 3-5 Powers and Duties.
(1) (a) The mayor shall appoint all heads of departments except as otherwise provided by this charter. Said department heads shall serve at the pleasure of the mayor. All such appointments constitute unclassified employment positions with indefinite terms subject to removal by the mayor without cause;
(b) Appoint, and when necessary for the good of service, remove all other officers and employees of the City except as otherwise provided by this Charter and except as he/she he or she may authorize the head of a department or office to appoint, promote and remove subordinates in such department or office;
(14) Inquire into the conduct of any council member, any office, department or agency of the city, and make investigation as to municipal affairs and, only for such purposes, the mayor may subpoena witnesses and require the production of records by an executive order which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena.
3-6 Passage of Ordinances over Veto
No Ordinance shall take effect without the approval of the Mayor unless
(1) The Mayor shall fail to sign the ordinance or to return it to the Council within ten (10) consecutive days after its passage; or
(2) The Mayor returns it to the Council within ten (10) consecutive days after its passage with a message of disapproval and veto and the Council upon immediate reconsideration no later than its next regularly scheduled meeting shall approve the ordinance by the affirmative votes of at least four (4) of its members notwithstanding the disapproval and veto of the Mayor.
3-7 Temporary Absence
In the event of the temporary absence of disability of the Mayor, not exceeding ninety (90) days, the President of the Council shall act as Mayor, for the time being until the Mayor shall return to his/her his or her duties or until his/her his or her disability shall cease. While serving during the temporary absence of the Mayor, the President of the Council shall not make any appointments or removals other than temporary appointments, until he/she he or she shall have served as Acting Mayor for thirty (30) consecutive days and then only with the consent of the City Council. Any removal made must be for cause. While serving as Acting Mayor under the provisions of this section the President of the City Council may not sit on said Council. If the Mayor returns to office during this period the President of the Council shall return to his or her seat and position on the Council.
3-8 Vacancy
In the event of an absence exceeding ninety (90) days the City Council may declare the office of Mayor vacant.
3-9 Vacancy
In the event of a vacancy of the office of Mayor, if less than six (6) calendar months remains until a regular election and the office of Mayor is declared vacant, the President of the City Council shall act as Mayor. If the President of the City Council shall resign or be unable to act then the council shall elect as a majority of its members one of its members to serve as Acting Mayor. While serving as Acting Mayor under the provisions of this section the Acting Mayor may not sit on said Council. Any removal made by the Acting Mayor must be for cause. If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more the City Clerk shall call a special election in the manner prescribed by the State Law to fill such vacancy in the office of Mayor. After said election the Acting Mayor shall return to his or her seat and position on the Council unless he or she has been elected Mayor in which case a vacancy on the Council is thereby created to be filled as prescribed in Article 2 Sec. 2-6.
Sec. 3-613. Departmental divisions.
The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation at the direction of the manager mayor. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the manager mayor among specific divisions thereof, the manager mayor may establish temporary divisions.
ARTICLE IV. DEPARTMENT OF FINANCE
Sec. 4-11. Division of treasury.
Sec. 4-13. Division of assessment.
Sec. 4-15. Division of purchases.
Sec. 4-1. Finance department created; head of department designated; organization.
(1) There shall be a department of finance, the duties of which shall include the supervision and direction of all matters pertaining to financial operations, and the head of which shall be the director of finance, who shall be, or be appointed by, and subject to the removal by the City Manager mayor. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager mayor.
(2) The department shall be organized into the following divisions or offices: Control and accounts; treasury, assessment; purchasing. The heads of these divisions shall be respectively designated controller, treasurer, assessor and purchasing agent. They shall be appointed by the director of the department, with the approval of the city manager mayor. Those powers, duties and responsibilities of any division enumerated in this Article IV, shall be assigned to the director of finance to be delegated in accordance with Sec. 3-5 11 of this Charter.
Sec. 4-4. Director of finance; powers and duties.
(11) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government;
Sec. 4-8. Accounting supervision and control.
The director of finance shall have power and shall be required, acting through the division of control and accounts to:
(1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government;
(2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable;
(3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city solicitor determine the regularity, legality and correctness of such claims, demands or charges;
(4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his or her office.
Sec. 4-11. Division of treasury.
The division of the treasury shall collect, have custody of, and pay out the funds, such payments being made only upon order of the controller. This division shall prepare and send out bills for taxes and other charges and shall keep such books and records as are necessary for recording of all receipts and expenditures, including borrowing transactions, and of monies deposited in banks.
Sec. 4-13. Division of assessment.
The division of assessment shall be responsible for the fixing of an assessed valuation for purposes of taxation on all taxable real estate and personal property and for the preparation of an assessment roll and a tax roll for the city in the manner provided by law and ordinance.
Sec. 4-14. Board of assessment review.
(1) There shall be a board of assessment review whose members shall be qualified electors of the city. The board of assessment review which shall consist of three five (5) members appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city. The members first appointed shall serve for terms of two [2], four [4] and six [6] years respectively, and thereafter one member shall be appointed in each second year for a term of six [6] years. Two (2) additional members shall be appointed for terms of office to conclude in the first and second years thereafter in which there are no members whose terms expire respectively. Thereafter one (1) member shall be appointed in each year, with the exception of the year in which no member’s term expires, for a term of six [6] years from the date of expiration of the term for which his or her predecessor was appointed, except that a person appointed to fill a vacancy occurring prior to the expiration of such term shall be appointed for the remainder of the term. Each member of the board shall hold office until his or her successor is appointed and qualified.
Sec. 4-15. Division of purchases.
There shall be established in the department of finance a division of purchases, the head of which shall be the city purchasing agent. The purchasing agent, pursuant to rules and regulations established by ordinance, shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The purchasing agent shall also have power and shall be required to:
(1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government;
(2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and conformance with specifications;
(3) Have charge of such general storerooms and warehouses as the council may provide by ordinance;
(4) Transfer to or between offices, departments or agencies, supplies, material and equipment, and, subject to the approval of the council, sell surplus, obsolete, or unused supplies.
Sec. 4-16 (2) Competitive Bidding
All contracts for more than five hundred ($500) dollars an amount to be determined by ordinance shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance. No transaction which is essentially a unit shall be divided for the purpose of evading the intent of this section. The city manager mayor shall have the power to accept or to reject any or all bids, and to readvertise for same; provided, however, that the acceptance of any bid for a contract in excess of one hundred thousand ($100,000) fifty thousand ($50,000.00) dollars shall be subject to the approval of the city council. Alterations in any contract may be made when authorized by the council upon the written recommendation of the city manager mayor.
Sec. 4-17. Accounting control of purchases.
All purchases made and contracts executed by the purchasing agent finance department shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the controller an officer of the city certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued.
Sec. 4-24. Sale of notes; report of sale.
All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement by the director of finance.
Sec. 4-33. Public sale of bonds.
All bonds issued under this Charter shall be sold at public sale upon sealed proposals after at least ten (10) days' notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, distributed in Rhode Island, and at least ten (10) days' notice published at least once in a daily newspaper having a general circulation in the city to the general public in at least one other manner as set by ordinance.
ARTICLE V. BUDGET
Sec. 5-5. Revenues anticipated.
(1) Anticipated revenues shall be classified as "amount to be raised by property tax," "miscellaneous revenues" and "surplus." Miscellaneous revenues shall be sub-classified by each sources and shall be estimated as hereinafter prescribed.
(2) Miscellaneous revenues shall include all anticipated revenues not included within the "amount to be raised by property tax," from the collection of taxes other than the general property tax; including but not limited to the amount of federal aid to be received; state aid to be received; the amount by which the city is expected to benefit from taxes collected by the state; the amounts estimated to be received from services and sales, fines, forfeitures and fees, pension assessments, special assessments and any other special or nonrecurring sources.
Sec. 5-14. Cap on maximum tax rate increase.
(a) Beginning in fiscal year 2012, the city may not increase its property tax rate by more than three and one-half percent over the prior year's tax rate. In all years when a revaluation is not being implemented, a tax rate is deemed to be 103.5 percent or less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than 103.5 percent of the prior year's tax on the same parcel of real property. In any year when a revaluation is being implemented, the tax rate is deemed to be 103.5 percent of the prior year's tax rate upon certification by the department of finance for the city.
(b) The property tax rate increase may exceed the three and one-half percent increase only upon approval by a supermajority of four of the city council.
(c) The tax rate may exceed the percentage increase as specified in subsection (a) of this section if one of the following occurs:
(1) The city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance.
(2) The city experiences or anticipates an emergency situation, which causes or will cause the tax rate to exceed this percentage increase specified in subsection (a). Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than three times the percentage increase as specified in subsection (a) of this section.
(3) The city forecasts or experiences debt services expenditures which exceed the prior year's debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) of this section and which are the result of bonded debt issued in a manner consistent with general law or a special act.
(4) The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.
a) The State of Rhode Island, by and through its general assembly, has set forth laws controlling the process and procedures for municipal taxation. All property taxation processes and procedures are therefore defined and set forth by the general assembly and preempt any provision herein. The property taxation provisions of this charter only apply to the extent that they do not conflict with the laws as enacted and as may be amended by the general assembly.
b) The City of East Providence may levy a tax in an amount not more than three and one half percent (3.5%) in excess of the total amount levied and certified for the previous fiscal year.
c) The amount levied by the City may exceed the increase specified herein only if the city or town qualifies under one or more of the provisions outlined in Rhode Island General Laws Title 44 Taxation, Chapter 5 Levy and Assessment of Local Taxes Subsection 2(d) Maximum levy, as may be amended from time to time.
ARTICLE VI. DEPARTMENT OF PUBLIC WORKS
Sec. 6-1. Public works department; organization; appointment of director of public works.
There shall be a department of public works, the head of which shall be the director of public works, who shall be, or be appointed by, the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager mayor.
ARTICLE VII. DEPARTMENT OF POLICE
Sec. 7-1. Police department; organization; appointment of police chief.
There shall be a department of police, the director of which shall be the chief of police, who shall be appointed by the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager mayor. All appointments and promotions shall be made by the city manager mayor as provided in article III, section 3 5, subsection (1) of this Charter.
Sec. 7-2. Chief of police; qualifications.
The chief of police shall have adequate knowledge of the organization and administration of a police department and shall have had several years’ experience in the management and direction of police personnel. , including five (5) years of experience above the rank of sergeant.
ARTICLE VIII. DEPARTMENT OF FIRE
Sec. 8-1. Fire department; organization; appointment of fire chief.
There shall be a department of fire, the director of which shall be the fire chief, who shall be appointed by the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager mayor. All appointments and promotions shall be made by the city manager mayor as provided in article III, section 3 5, subsection (1) of this Charter.
Sec. 8-2. Fire chief; qualifications.
The fire chief shall have adequate knowledge of the organization and administration of a permanent fire department and shall have had several years’ experience in the management and direction of fire department personnel. , including five (5) years of experience at the rank of captain or above.
ARTICLE IX. PERSONNEL
Sec. 9-1. Appointment and removal of subordinate officers and employees.
(2) In the event that any person employees, excepting department heads, is suspended, demoted, transferred or discharged, he or she shall be informed in writing of the reasons therefor and he or she may appeal in writing to the city manager mayor, who shall within ten (10) days give the person so suspended, demoted, transferred or discharged the opportunity to be heard, which hearing shall be public at the option of the employee.
(3) If the former employee is not reinstated to his or her former position by the city manager mayor, such employee may appeal from the decision of the city manager mayor to a hearing board composed of three (3) qualified electors of the city appointed by the city council, and such employee shall have a right of appeal therefrom to a court of competent jurisdiction for a trial de novo in accordance with law. The hearing board shall consist of five (5) members appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city.
(4) The City of East Providence, in accordance with all applicable state or federal laws as either may be amended from time to time, shall not unlawfully harass or discriminate against any employee or applicant for employment.
ARTICLE X. PUBLIC SCHOOLS
Sec. 10-1. School committee.
(1) There shall be a school committee consisting of five (5) members. One (1) member shall be elected from the city at large, and one (1) member shall be elected from each of the four (4) wards of the city at the regular city elections to serve for terms of two (2) years or until a majority of the newly elected school committee have qualified and have taken office.
(2) Any vacancy in the membership of the school committee shall be filled by the city council until the next regular city election.
(3) The first meeting of a newly elected school committee shall be held on the first Tuesday after the first Monday in January following a City general election.
Sec. 10-3. School committee; powers and duties.
(4) The processes and procedures for appointment and or removal of all school employees shall be made are set forth by the general assembly and preempt any provision herein. The provisions of this section only apply to the extent that they do not conflict with state laws as enacted and as may be amended by the general assembly. by the school committee upon recommendation of the superintendent of schools, except as may be provided otherwise by the laws of the state. Except for the purpose of inquiry, the school committee, as far as is consistent with the laws of the state, shall deal with the administration of the public schools solely through the superintendent of schools.
ARTICLE XI. ELECTION PROCEDURE
Article XI of the Charter of the City of East Providence is hereby amended by adding the following section hereto in its entirety.
Sec. 11-25. Recall.
Recall is authorized in the case of a mayor, council member, or school committee member who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission or who has committed a willful violation of any provision of the charter as determined by a preponderance of the evidence by the ethics commission or a state court of competent jurisdiction. Recall shall not, however be instituted at any time during the last nine (9) months of an individual's term of office. Such a recall may be instituted by filing with the canvassing authority an application for issuance of a recall petition against said mayor, council member, or school committee member which is signed by duly qualified electors equal to three percent (3%) of the total number of votes cast at the last preceding general election for that office.
The canvassing authority shall within seven (7) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof. If, upon verification by the canvassing authority the application is determined to contain signatures of the required number of electors, the canvassing authority shall, forthwith, issue a recall petition.
Within ninety (90) days of said issuance, a written petition demanding the removal of the mayor, or a member of the city council or a member of the school committee shall be filed with the canvassing authority. When removal of the mayor, or a member of the city council at large or a member of the school committee at large is sought said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office provided, however, when recall of the mayor, a council member at large or a school committee member at large is sought no less than twenty percent (20%) of the total signatures required may be from any one ward. When removal of any other member of the city council or school committee member is sought, said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office of the ward from which such member was elected.
The signatures to the application and to the recall petition need not all be on one (1) sheet of paper, but each such application and petition must contain an identical statement naming the person to be recalled, the office held by said person, and the grounds for such recall set forth in a statement of one hundred (100) words or less approved by the canvassing authority. Each signatory must set forth his or her signature and printed name as it appears on the voting list, and his or her place of residence. The person witnessing the signatures of each elector on said petition must sign a statement under oath on said sheet attesting that the signatures thereon are genuine and were signed in his or her presence. If the requisite number of signatures are not obtained within said ninety (90) day period, the recall effort shall terminate.
The canvassing authority shall within ten (10) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof and certify the results to the city council forthwith.
If the examination shows that the petition contains the requisite number of signatures, the city council shall order and fix, forthwith, a date for holding an election, which date shall not be less than sixty (60) nor more than ninety (90) days from the date that the canvassing authority certified the petition as sufficient.
Each ballot at such election shall have printed thereon the grounds for removing said office holder and the following question: "Shall (name of person) be removed from the office of (name of office)?" Immediately following such question, there shall be printed on the ballot the following two (2) propositions in this order:
"Yes"
"No"
In any such election, if a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office as of certification of the results by the canvassing authority.
At such time the office shall be immediately declared vacant and shall be filled in accordance with the charter of the city. The person so removed shall not be eligible to fill the unexpired portion of the term of office.
The city council may, through ordinance, make other and further regulations for carrying out the provisions of this section not inconsistent herewith.
ARTICLE XII. WARDS
Sections 12-2, 12-3, 12-4 and 12-5 are hereby deleted in their entirety.
Article XIV. COURTS
Sec. 14-1 Probate court.
(1) The powers and duties of a probate court for the city shall be exercised and performed by a judge of probate.
(2) The judge of probate and an associate judge of probate shall be attorneys-at-law in good standing who have been admitted to the practice of law in this state. A preference in hiring shall be given to those residents of the city who apply for these positions.
(3) The Mayor, subject to council approval, shall appoint a judge of probate and an associate judge of probate each to serve for a term of office concurrent with that of the council and until their respective successors are appointed and qualified.
(4) In the absence, disability or disqualification of the judge of probate so that he or she is unable to perform his or her duties, the associate judge of probate shall serve as acting judge of probate and when so serving shall have and exercise all the powers and duties of the judge of probate.
Sec. 14-2 Municipal court.
(1) The powers and duties of a municipal court for the city shall be exercised and performed by a municipal court judge.
(2) The municipal court judge and an associate municipal court judge shall be attorneys-at-law in good standing who have been admitted to the practice of law in this state. A preference in hiring shall be given to those residents of the city who apply for these positions.
(3) The Mayor, subject to council approval, shall appoint a municipal court judge and an associate municipal court judge each to serve for a term of office concurrent with that of the council and until their respective successors are appointed and qualified.
(4) In the absence, disability or disqualification of the municipal court judge so that he or she is unable to perform his or her duties, the associate municipal court judge shall serve as acting municipal court judge and when so serving shall have and exercise all the powers and duties of the municipal court judge.
NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
A motion for amendments and all language changes to be added for Question for Ballot for Secretary of State is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
6. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LANGUAGE OF QUESTIONS TO BE PLACED ON THE BALLOT IN SUPPORT OF PROPOSED AMENDMENTS TO THE EAST PROVIDENCE CITY CHARTER
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017 and August 24th, 2017; and
WHEREAS, the City Council desires to place the following questions, which summarize said amendments, on the ballot:
Question 1
Mayoral Term
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017 Creates:
Article III. Mayor
Section 1, Election; Term of Office
Shall the Mayor’s term of office be four (4) years?
Question 2
Recall
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017 Creates:
Article XI. Election Procedure
Section 25, Recall
Shall the Mayor, Council members, and School Committee members be subject to recall?
Question 3
Mayor Amendments
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017:
Amends:
Article II. City Council,
Section 3, Compensation
Section 4, Presiding Officer; President; Vice President; Compensation
Section 6, Vacancies
Section 7, Meetings Generally, Special Meetings.
Section 9, Powers
Section 13, Creation of New Departments or Offices; Change of Duties.
Article III. Mayor
Section 3, Compensation
Section 5, Powers and Duties
Section 6, Passage of Ordinance over Veto
Section 7, Temporary Absence
Section 8, Vacancy
Section 9, Vacancy
Section 13, Departmental Divisions
Article IV. Department of Finance
Section 1, Finance Department Created; Head of Department Designated; Organization.
Article VI. Department of Public Works
Section 1, Public Works Department; Organization; Appointment of Director of Public Works.
Article VII. Department of Police
Section 1, Police Department; Organization; Appointment of Police Chief.
Article VIII. Department of Fire
Section 1, Fire Department; Organization; Appointment of Fire Chief.
Article IX. Personnel
Section 1-2, Appointment and Removal of Subordinate Officers and Employees
Presently certain areas of the Charter are designed for the previous city manager form of government and conflict with the newly created strong Mayor form of government.
Shall the Charter be amended to conform to the strong Mayor form of government, including:
· Requiring the compensation for Mayor and Council to be set by Ordinance.
· Establishing that the Mayor, City Council, and School Committee each be inaugurated on the first Tuesday after the first Monday in January following a general election.
· Granting limited subpoena powers to the City Council and Mayor to investigate legitimate public concerns.
· Transferring the power to manage city departments from the City Council to the Mayor.
· Giving the Mayor the power to remove new department heads.
· Clarifying veto procedure.
· Clarifying the process to replace the Mayor or a city councilor when he or she cannot fulfill the duties of the office.
Question 4
Appointments
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017
Amends:
Article II. City Council,
Section 14, Probate Court
Section 15, Canvassing Authority
Section 18, Planning Board
Section 19, Zoning Board
Article IV. Department of Finance
Section 14, Board of Assessment Review
Article IX. Personnel
Section 1-3, Appointment and Removal of Subordinate Officer and Employees.
Article X. Public Schools
Section 3, School Committee; Powers and Duties.
Article XIV. Courts
Section 1, Probate Court
Section 2, Municipal Court
Shall the Charter be amended as follows:
· Shall members of the Planning Board, Zoning Board, Board of assessment review, and Personnel Hearing Board be nominated by the Mayor and approved by the Council?
· Shall members of the bipartisan Canvassing Authority be nominated by the Mayor and confirmed by the Council in accordance with Rhode Island Election Law?
· Shall the Planning Board, Zoning Board, Board of assessment review, and Personnel Hearing Board have at least one member from each city Ward?
· Shall the Planning Board convert its two (2) alternate members to full members, creating a seven (7) member board without alternates?
· Shall the Personnel Hearing Board and the Board of Assessment Review increase from three (3) members to five (5) members?
· Shall members of the Board of Assessment review have staggered terms such that a maximum of one appointment shall occur each year?
· Shall the Mayor, subject to council approval, appoint Municipal Court and Probate Court judges?
· Updating the description and record keeping practice of the Probate Court and the Municipal Court.
Question 5
Finance Department
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017
Amends:
Article IV. Department of Finance
Section 16, Competitive Bidding
Section 24, Sale of Notes; Report of Sale
Section 33, Public Sale of Bonds
Shall the Charter be amended to:
· Require the Council to set purchasing policies by ordinance?
· Require the Council to set public sale of bonds notice requirements by ordinance?
· Require the Council to approve contracts over fifty thousand dollars ($50,000)?
· Remove the requirement that all notes issued may be sold at not less than par?
Question 6
Charter Update
Duly adopted by the East Providence City Council on August 15, 2017 and August 24th, 2017
Amends:
Article II. City Council,
Section 16, City Clerk
Section 20, Sinking Fund Board
Article IV. Department of Finance
Section 4, Director of Finance, Powers and Duties
Section 8, Accounting Supervision and Control
Section 11, Division of the Treasury
Section 14, Division of Assessment
Section 15, Division of Purchases
Section 17, Accounting Control of Purchases
Aricle VII. Department of Police
Section 2, Police Chief, Qualifications
Article VIII. Department of Fire
Section 2, Fire Chief, Qualifications
Article IX. Personnel
Section 1-4, Appointment and Removal of Subordinate Officer and Employees.
Article X. Public Schools
Section 3, School Committee; Powers and Duties.
Article XII. Wards
Section 2, Ward 1
Section 3, Ward 2
Section 4, Ward 3
Section 5, Ward 4
Presently, certain areas of the Charter are outdated and now conflict with state law and or conflict with current practice.
Shall the Charter be amended to update provisions and conform to state law as well as current practice, including:
· Eliminates the requirement for the defunct Sinking Fund Board.
· Eliminates the requirement for defunct finance department positions and practices.
· Codify the requirement that the police chief must have five (5) years of experience above the rank of sergeant.
· Codify the requirement that the fire chief must have (5) five years of experience at the rank of captain or above.
· Codify state and federal requirements regarding harassment and discrimination.
· Codify state law requirements regarding the process and procedure for the appointment or removal of all school employees.
· Remove defunct descriptions of ward boundaries.
· Update the definition of miscellaneous revenues.
· Codify state law descriptions of the municipal tax cap.
NOW, THEREFORE, BE IT RESOLVED that these summaries of proposed Charter Amendments be placed on the ballot in the next special election.
BE IT FURTHER RESOLVED that the ballot questions expressly state that the Charter Amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
A motion for all language and amendments including date changes, finance department and fund balance to be made into a Ballot Question is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
7. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE
RESOLUTION NO.
RESOLUTION ESTABLISHING PROCESS FOR CORRECTING SCRIVENER’S ERRORS IN THE EAST PROVIDENCE CITY CHARTER
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, from time to time unintentional typographical, grammatical, spelling, and or other scrivener’s errors are discovered within the City Charter:
WHEREAS, the City Council desires to allow corrections of scrivener’s errors the City Charter as follows:
Whenever the City Solicitor’s office discovers any such typographical, grammatical, spelling, and or other scrivener’s errors the Solicitor’s office shall send a written memorandum to the City Council highlighting the error, proposing a correction to the error, and an affirmative declaration that the correction shall have no substantive impact on the Charter.
Upon receipt from the Solicitor’s office the Council may, upon a finding that the scrivener’s error exists and that the correction has no substantive impact on the Charter, adopt a resolution enforcing the proposed correction and the Charter shall be amended accordingly.
NOW, THEREFORE, BE IT RESOLVED that the City Charter may so be amended and as to correct scrivener errors without requiring placement on a ballot or city referendum.
Adopted by the City Council:
Attest:
____________________________________
City Clerk of East Providence, Rhode Island
A motion to approve with a date change and any scrivener errors as stated or found later is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
Chairman Russo thanked the Commission Members and the City Council.
Councilman Faria thanked the Commission and Assistant Solicitor Conley for all their hard work.
Assistant Mayor Britto asked how far in advance the questions would be distributed to voters.
Assistant Solicitor Conley explained that the law states a minimum of 60 days but they can be posted as minutes to the meeting as soon as the minutes are completed. It will be a standard November election date. The ballot is distributed by the Secretary of State’s Office however the City can publish the questions now.
Councilman Botelho asked if they can go on the website and Assistant Solicitor Conley stated they could.
V. ADJOURNMENT
A motion to Adjourn at 7:59PM is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.