CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SPECIAL COUNCIL MEETING
January 30, 2017
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Open Session
Mayor Briden calls the meeting to order at 7:18PM
A. Council Members
1. Discussion Regarding Establishment of Charter Review Commission in East Providence (by Mayor Briden)
Mayor Briden began the discussion letting the Council know that his thoughts would be to have the commission start in February and end at the beginning of spring. They would be analyzing the different options. He has been speaking with the solicitor and there is a memo from the Solicitor regarding the various formats. He would propose for discussion purposes that if the Council establishes this, the group they could work on it and consider it Phase 1 which would hone in on the Charter provisions and if amended would require charter approval. The ordinances could be handled at a later date. He notes they looked at Pawtucket and it is fairly comprisable. They recently did the same thing and had 9 members. His suggestion would be that each council person would appoint 2 members and one member of the council could sit as a non-voting member and appoint just one member for the total of 9 appointments instead of 10. He adds he would like to put this on the docket for the next meeting so the council can vote on it. Those interested in serving would contact the City Clerk with their resumes. The Commission would start the 3rd week of February and hold a series of weekly meetings then perhaps come back and work on the ordinances in January or even in the fall.
Councilwoman Sousa notes she feels the memo the Solicitor provided with the various options from other cities and towns is helpful. She adds they need an odd number of appointees and she is in favor of it being a short term commission so that they can get right to business.
Mayor Briden adds another important point is that the charter review commission ends up drafting a report and as a council they decide which proposed amendments they vote on and approve for the ballot. It is advisory.
Assistant Mayor Britto asked if there was already a commission established on social media or some gathering of information and communication.
Mayor Briden notes he has seen that and there is an interest on behalf of the residents and he suggested putting it on the docket for the next meeting and to have those interested send resumes and to schedule a special meeting to actually make the appointments. The commission can get activated right away and set a time table. The next question becomes where do they meet and do they have the meetings televised and also to have input from members of the administration, department heads and the public.
Councilman Faria notes he appreciates the Mayor calling this meeting and trying to take a tally of everyone. His mind is open to this.
Tom Riley, 3620 Pawtucket Avenue speaks he apologizes for comments at another meeting noting he was enthralled in the heat of the moment and if he said anything offensive to the main stream democrats he is sorry. He adds when he puts up his hand and takes his oath as Canvassing Authority member he is no longer a republican or a democrat he is a referee and is not voting for either team. He is there to see that rules are followed on a non partisan basis and without prejudice.
Mayor Briden states the members will be residents of East Providence appointed by a council member to serve. There is no predetermined group.
Councilwoman Sousa asked for clarification purposes if the commission members vote on amendments then present their vote to the council and then the council votes and if the council doesn’t approve then that is the council’s choice?
Mayor Briden states yes, the role of the commission is advisory and as a result their report gets presented to the Council and they decide as a council which amendments they approve and they have the option of making none if they so choose.
Assistant Mayor Britto states one of his biggest concerns would be an amendment to the mayoral form of government adding that the people voted the way it was written and it should go forward that way. He doesn’t think they should be allowed to make those changes.
Mayor Briden stated there are other sections of the charter which are not aligned with article 3.
Councilman Botelho asked if they will need clerical and legal staff.
Mayor Briden states he believes they can handle this in house. They would want input from people who work in city hall in one form or another particularly department heads and their input is valuable. They don't need to hire anyone from the outside.
Councilman Botelho states there are 81 such potential conflicts and wouldn't it be better if they had the law department draft those and then present them to a charter commission. He is thinking that would be most efficient.
Mayor Briden states there is something intrinsically valuable to having residents participate in the process. There are fresh ideas and it is a good process which may be done in an incremental way. They may do it chronologically and the law department could prepare and have recommended changes but other members can have a dialogue and ideas. It is good to have residents be a part of the process.
Councilman Botelho asks if there is going to be a special election.
Mayor Briden responds that is an excellent question and it depends on whether or not the council would seek to have them ratified. If they do then it may make sense to have a special election but if this is not required they would not need to. This is where he would defer to the law department.
Councilman Botelho states that thinking down the road if the people voted to have an elected mayor then the council approves items to be put on the ballot and they don't approve it then they are in a bit of a fix.
Mayor Briden states they can study it and decide on the amendments which end up on the ballot. If they are not approved they are no worse off than they were. That same picture exists now and it's a good exercise for a city. It's kind of like taking an inventory. They can set goals on how they can get more people interested in running for office in the future. It's a good exercise.
Councilwoman Sousa states it's not the first time the council has discussed this. When Joe Larisa was here, when mayoral went on the docket, it was discussed then too.
Councilman Botelho states that what happened in 1991 was that the commission was stuffed with people who only wanted to put an end to a mayoral form of government. It was painful to serve on this.
Councilman Faria states they just want to ensure the transition happens inclusively and as peacefully as possible. It is an advisory and the commission would serve in that capacity and it would all come back to the council.
Assistant Mayor Britto asked what transition this would be.
Councilman Faria states it has been a very long time since the charter was last reviewed and some sections are in direct conflict.
Mayor Briden notes he has served as a solicitor in both types of government where he was appointed by the mayor and by council and he understands the dynamics which are different in this type of government where he has served as the solicitor. The way to handle this is to have a balance. Those appointed have to have the ability to understand provisions and how a charter works. Those who have expressed an interest looked at articles not just for a change but in making the other articles conform with Article 3.
Tom Riley, 3620 Pawtucket Avenue (02915) stated he would make the suggestion that each council member select 2 and the president select 3 which gives you the odd number and any council member can attend. The city has 700 days to figure this out and rather than just jumping off the dock it needs to take a look at what it is doing. If he read that charter amendment correctly the city is not done with the city manager now they are going to call him the assistant. They have so many things which need to be done in the city. He notes he objects to going into it with one eye shut and then figuring it out after all as this is a serious change.
Mayor Briden noted this is what will make a charter review commission such a good exercise.
Councilman Botelho notes the city has a very tight charter as it compares to other cities and towns with the exception of the fact that our city has a city manager instead of a mayor. Those people in 1958, George Lamb and company did a good job.
Jason Desrosiers, 67 Dorr Avenue (02915) notes that it is something that is definitely needed and he doesn’t disagree with a lot of what Mr. Botelho has said. They do have a strong charter but they do have a number of things which need to be looked at. The section on elections is illegal due to the updates in state law that because it was not modernized. It is not just as simple as changing the word city manager to mayor. The council is the chief body and it can't just be replaced by a mayor as it still is unbalanced. These are things which need to be worked out in detail. It’s not all about the mayoral form of government. We are working and looking at these things on Facebook and on social media and some of us did not support the mayoral vote and he did not but 73 percent did. He just wants it to work correctly he is not at all trying to sabotage the mayoral form of government.
Assistant Mayor Britto states he feels they are complicating this more than they need to. It is simplified and can be simplified. It is not as difficult as it appears to be.
Councilman Botelho notes he appreciates Jason being forthcoming and that he would you be working with an optimistic attitude.
Assistant Mayor Britto states what concerns him are items such as council benefits. Items about raising the council pay and benefits. They had a discussion and a pretty decisive discussion and he was steadfast against it.
Councilman Botelho notes stuff like pay is an ordinance. The existing city charter does mention it and then you can increase it by ordinance if you want.
Assistant Mayor Britto states if the council is asking to go and raise the taxes and then raise the pay he has an issue with that.
Councilman Faria notes when he sees residents with that much emotional benefit in the community that they take it upon themselves to create a group discussion he feels it is a good thing. In terms of a time table they can get it done if they have the right group of people.
Councilwoman Sousa states it adds to the council to have this group of passionate people in the community.
Councilman Faria notes they can't argue with 73% and it's good to see those that were not in favor working to make it work.
Scott Scienzo, 75 Woodbine Street (02915) notes that he is not here to undermine the mayoral form of government. He voted against it because he didn't like the way it read. There is nothing to stop paying the mayor $300,000 a year because they feel that is what is right and here is where he sees a problem. Someone on the council could be running for that position and in essence writing your own contract. There are 81 areas that could be changed according to Councilman Botelho so let's do it all it hasn't happened for 20 years. He also adds that he feels a recall should be there.
A motion to Adjourn at 8:33PM is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
Attest: _______________
City Clerk