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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SPECIAL COUNCIL MEETING
June 20, 2018
7:00 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
*** Note Councilman Faria is Absent
I. CALL TO ORDER
II. SALUTE TO THE FLAG
III. OPEN SESSION
A. Vote on minutes of the Executive Session of the City’s June 7, 2018 Special Meeting.
A motion to approve is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion is unanimous 4-0 with Councilman Faria Absent.
B. Hearing regarding the investigation of Councilman Brian Faria pursuant to Sections 2-2, 2-5, 2-9(7), 2-12 and 3-5 of the East Providence City Charter including, but not limited to, considering presentations by Captain Michael David and Chief of Police Christopher Parella regarding their respective investigations.
Attorney Dolan advises the council on the investigation steps and the process and presentations as well as the deliberation process.
Attorney Dolan explains that as part of the investigation certain steps were taken to gather information, meetings with the Chief of Police and staff, meetings with the Acting Director of Human Resources, conferring with special legal counsel which had been retained to assist the Acting Human Resource Director and meetings with the City Manager. Two reports will be provided tonight one from the Chief of Police and one from the Acting Human Resource Director. While reports have been provided to Council tonight the presentations will be provided orally and at the conclusion of each the Council may ask questions. No public comment is allowed. At the conclusion the Council will deliberate and he may suggest taking the discussion into executive session and in regards to investigations these are exempt from the open meetings act. Councilman Faria has filed a lawsuit against city and as a result of that litigation this is also statutorily exempt from the open meetings act. In response to the subpoena issued by Council Councilman Faria filed in Superior Court a motion to quash or suppress. This is scheduled for a hearing in July. In addition, Councilman Faria wrote to the Council today and the substance was similar an email received earlier. Councilman Faria states he is indisposed due to injury and his doctor has advised him not to engage in certain activities and this would explain why he is not here today. However, he did not make a request to postpone and therefore the Council is free to proceed.
Chief Christopher Parella is called to the podium.
Councilwoman Sousa notes they are in receipt of an email asking that the hearing be postponed for this meeting in light of a medical condition.
This item is discussed and Attorney Dolan notes that he stands corrected but rules it is fine for the Council to proceed.
The City Clerk swears in Chief Parella.
The Chief reads his comments from a report.
A brief summary of this is as follows:
This was conducted as a formal request by Attorney Dolan by request of the Council and with approval of the City Manager. City Hall is the epicenter of local government and residents must obtain information here for various things such as to pay bills and all public documents are stored here and it is where offices are located. The security of the building, people and things are a main concern of the Police Department. When he was made aware of these situations it is absolutely his obligation to investigate.
Chief Parella states there are additional notes and video surveillance on this subject.
On Friday, April 27th at 7:21PM Councilman Faria parks his car in the City Hall parking lot and carries in a blue notebook. The custodian allows him access to City Hall. Councilman Faria’s swipe card is not used. A second custodian walks with him to the Law Department conference room and provides him entrance. In testimony the custodian states that the Councilman asked him to open the door so he could get his mail and make some copies. He is also allowed access to the Law Department office and asks to be left there as he needs to get something and notes he will be quick. The custodian returns to work though he notes it is an unusual request so he informs the other custodian. The second custodian states that he told the first custodian if you don't do it, it could backfire on you.
At 9:27PM the first custodian checked on the Councilman and notes the Councilman seemed fidgety and had papers strewn on the table and was standing in front of the copy machine. The custodian’s shift ends around 9:50PM. However after he leaves his shift he drives by City Hall around 11:00PM and notes the curtains were closed and they were never closed before. He found this to be odd and the other custodian remains in the building until 10:52PM. He notes there are papers all over the table and the Councilman seems agitated and the custodian knows he should not be back there in the Law Office as Council are not supposed to be in any of the offices in the building. The Councilman states he needs to find more paper as he had run out. At 11:16PM the custodian leaves his shift and the Councilman is still in the conference room.
At 5:30am Saturday morning the Councilman appears to have a thicker expandable folder and exits the lot. He can clearly be seen on surveillance cameras. It is apparent he either removed documents or made copies which he took with him.
On April 30th the Chief notes that he spoke with the legal clerks for law department. They note the window blinds were drawn and the door was closed and locked but the door stop was in the down position making it difficult to open. They note this is not typical and did not exist when they left for the weekend. They note it appeared there had been access to the APRA files as they had been removed from their proper location and returned to a different location. These files are in the legal department and are under review in order to determine what will be sent out as part of an APRA and include those that should not be and un-redacted documents as well.
On May 1st the Chief met with the clerks who examined and noticed many documents had staples removed and new ones applied and corners creased, separated and reattached and they note they never leave files this way. These items would never be filed in this way and in this condition. Photos were taken of the documents and Captain Nelson examined the copier log and determined a minimum of 257 documents had been copied in a near 10 hour stay and they seized all the original files which remain in police custody.
On Friday, April 27th at 1:00PM the Councilman filed an APRA request via the City Clerk regarding all APRAs having to do with him since he was elected. The request was followed up three times that afternoon. 6.5 hours later the incident took place. Prior to this he met with a clerk in the law department and was told the documents would need to be reviewed by a solicitor and redaction would need to take place before he could view them he stated he wouldn’t leave and wanted information. The Councilman watched the law clerk open the drawer where these files were stored.
On May 2nd a memo was sent to Acting City Manager Moore and Solicitor Dias advising them of the situation and articulating the concerns for action to mediate the breach and for an investigation of some potential criminal activity. At the very least a criminal investigation was needed and the potential of all for conflicts of interest. Acting City Manager Moore and the Chief discussed this in great detail and the City Manager decided an outside agency, the RI State Police would investigate. The State Police agreed to handle the criminal investigation and it would be made subject to the Attorney General. He reads a statement from the Attorney General’s office. They note while not criminal in nature the activities by the Councilman are alarming compounding it while attempting to cover his tracks and this is concerning but better addressed by the Council not the criminal justice system. The City Manager is emailed from Councilman Faria and returns an email regarding access to the building. Chief Parella states that he can bring up evidence if the Council wants to see it. The Council can see photos in executive session as he does not want to show the names etc… on the files.
Mayor Briden asks that Mr. Dolan guide them in regard to the extent to which he deems it advisable to ask questions in open session.
Attorney Dolan states that it is appropriate to ask questions and is their job to do so but if an inquiry is made which should not be made public he will advise of that.
Assistant Mayor Britto asks about the email and asks if the Chief can expand this.
Chief Parella states he can and it is an exhibit. He notes it is very brief regarding Councilman Faria’s request to the City Manager to please advise that he has access to areas in city hall.
Attorney Dolan states he can show the email.
Assistant Mayor Britto asks if the City Manager responded and Attorney Dolan states he asked the City Manager this and he said he had not.
Chief Parella states the City Manager did respond and they do have it. He notes this was three weeks into the criminal investigation. Chief Parella reads the email from Acting City Manager Moore confirming access to a copy machine stating Councilman Faria’s access to City Hall.
Assistant Mayor Britto states that he wants to know if there were any other photo copies of any other material in the Law Department.
Chief Parella said they are still investigating the matter and acknowledges that 257 copies were made between 10:00pm until next morning. At 7:30PM-10:00PM the system was overwritten as those coming into work the next day began making copies so that amount could be higher. They can account for some based on the tampered files but don’t not know yet what else was copied or even if photos were taken. They have seized into custody what they are fairly certain was moved or misplaced. There is an large amount of information once inside that office.
Assistant Mayor Britto asks if this was the only office entered.
Chief Parella states he can only say that there is no evidence any other offices were accessed except the back law office and the conference office. He adds that Councilman Faria needed to be let into both and they can account for who let him into both.
Assistant Mayor Britto asks about records which were copied with pertinent information could they have contained information such as checks with bank accounts and un-redacted files which might have even contained social security numbers.
Chief Parella states that the content of most of files still needed to be gone through and the ones they see which were damaged were APRA requests filed by residents and they could have contained other documents which were not sent to them as well as a photo copy of a check used to pay for an APRA and the package could contain an account and routing number. The Law Department seeks out all there is via emails, phone records etc… then these are filed and then a solicitor reviews what is released regarding that APRA and what is exempt from the APRA law and there is usually a good combo of both.
Bruce Atwell, Sergeant in Internal Affairs is sworn in by Mayor Briden. He notes that one of files did contain a photo of a check used to pay for an APRA package and contained a checking account number and routing number.
Councilman Botelho asks if on an APRA for example of a council person’s residence, would the Solicitor’s Office ask for the council person’s file and then go through that file and redact protected personal information?
Chief Parella states that is correct but it would sit in that file in the law department until the Solicitor had a chance to go through it.
Attorney Dolan speaks and states that for the Chief’s benefit he will explain the APRA process and notes it requires a highly specialized review which is always conducted by the Solicitor’s Office.
Councilman Botelho states to simplify it that there may have been sensitive information which was in the process of being reviewed and that information could be sitting there.
Chief Parella states that is correct.
Councilman Botelho discusses the sanctity of the office and those who work there and the regulations in the charter on what the council and the administration have authority over. He asks if this is what he is basing his comments on.
Chief Parella states it is and also his oath as Police Chief.
Councilman Botelho discusses the time when this certain member of this office wanted an office at City Hall and that he and Assistant Mayor didn’t feel comfortable with it but that it passed and the reasoning was to work or meet people at city hall as it is was not like there was another place to go if they needed to be in here. The sanctity of the current form of government is regulated by charter and he is asking the Chief if this is what he is applying here.
Chief Parella states it is.
Attorney Dolan informs the Council that the next presentation will be delivered by the Acting Director of Human Resources, Captain Michael David.
Mayor Briden swears in Captain Michael David.
Captain David states it is important to understand his perspective in that in February he was asked to take on the duties of the Acting Director. He thought quite a lot on the matter as it has had a turbulent recent history which is well documented. He was given a clearly defined mandate by the City Manager and this mandate was agreed to by the Chief and himself and included that all personnel decisions were to be made ethically and transparently. Human Resource practices and political favors real or perceived must be removed from the process. Confidentiality, decency, respect for privacy and the idea of diversity must move forward to actionable items and a guiding principal. The Human Resource Department must lead fair and competency in matters of investigatory and disciplinary. Employees must feel their concerns are heard and when circumstances exist negatively effecting them that steps will be taken to address them. Citizen’s confidence must be that all possible steps are taken to avoid costly and embarrassing legal situations for all personnel matters. Employees view themselves as serving the public not the politicians and not the City Manager. These employees want to do their jobs at the highest level with pride and dignity. Work performance cannot be detached from morale. If leadership is viewed as not listening to these concerns it is the customers who suffer. After being assigned he was contacted by the presidents of two city unions. The vast majority of non-police and fire unions have seen an increase in hostile work environment complaints received by several of their members. Some of these complaints, centered around the treatment of employees in the City Clerk's office by Councilman Faria were of great concern. It was complained that he treated employees and customers in a demeaning and vulgar manner. At same time as this, he notes he also became aware of Councilman Faria’s relationship with the IT Department. Staff there stated they felt uncomfortable and/or compromised. There were also two separate interactions with the EPPD which were viewed as a council person trying to gain undue benefit and while they did not investigate these it does suggest a pattern of behavior. While he notes his involvement in the criminal matter has been minimal the scope of his inquiry involved Councilman Faria as an elected official and not a city employee and the Councilman not being bound by the employee handbook and other materials governing city employee behavior. The scope of the inquiry was limited to behavior which violates any federal or state law including human rights, equal rights, city charter or municipal ordinances and is intended to provide access for himself to gain information he was not allowed to access to. Employees affected feared their safety and felt intimidated or threatened in their job security. This compromised efficiency or effectiveness of employees, if the city failed to investigate matters, would also risk exposure to legal issues for failure to protect employees from a hostile or unduly stressful work environment. Councilman Faria is a duly elected East Providence city council member. City Manager Chapman was removed by the city council as the investigation was ongoing. He was made aware by me of complaints made against Councilman Faria and inquiry was initiated. He was not involved and in no way attempted to direct Human Resources. After his dismissal, Malcolm Moore was advised by me as to the extent of the investigation and like his predecessor did not become involved in directing the investigation. The Solicitor and Assistant Solicitors serve at the pleasure of the council and due to this conflict I requested outside legal counsel and one was appointed in this role. There are 20 different city employees from several different departments and ranks and all spoke confidentially and were assured it would remain so as much as possible. Councilman Faria would go to the City Clerk’s Office several times each week, often for several hours at a time and make demands of the Clerk and office employees have stated he would render their superior inaccessible as well as the needs of the office. They stated this was more than any past or present council had or does do. The City Clerk did agree that he exceeds other council members in his requests. He requests things where others do not. More concerning is his treatment of the Clerk and her staff, which he treats in a demeaning and dismissive manner. His actions were unprofessional and profane and employees were uncomfortable and found it intimidating, scary, rude, disruptive, and degrading, there was swearing and yelling at the Clerk which her office described in detail. Investigations sustain these allegations. He would enter private offices even without their presence and remove personal property. On one occasion, the Clerk had left early and the staff could not secure the office and leave due to his presence. Staff requested several times that he leave and he refused. He remained in the Clerk’s Office with the door closed and only when I responded did he comply. More distressing to the staff was his treatment of the City Clerk they would hear him yelling, swearing and banging on her desk and he would get upset if she did not respond quickly enough to his needs. He monopolized her time to the point she was inaccessible to staff. The Clerk did assure the Human Resource office that she is not in fear. Her staff also stated there exists an understanding not to leave her alone with him if it can be avoided.
At a recent meeting a resident complained that the city Facebook page was a promotional tool for Councilman Faria. In the IT Department, his contacts with staff had become excessive. He would call all hours of day and days of week sometimes about every other day, sometimes several times a day and weekends. He does this through phone calls, emails, texts and messages to a personal Facebook account and the staff felt powerless to stop the behavior. One item was the use of the city owned Facebook page involving wanting to have items posted and the password. The complaint was that Councilman Faria wished to have items posted and wanted certain staff to be accessible all hours of the day and days of the week. They expressed concerns regarding his calling as late at 11:00PM and as early as 6:00AM even Sunday morning phone calls. His repeated texts, emails and Facebook desires effected home life and his demands of what to post and when to post something as well as sending photos to edit. On one occasion approval was sought by the staff person from the Solicitor due to a liability they felt might be present and Councilman Faria berated the employee for consulting the Solicitor. On another occasion Councilman Faria was extremely upset that a photo be removed as it was taken without his inclusion. One another occasion, he requested a staff person put together a slide show from a water treatment visit and when that employee did not do it as quickly as he wanted he got extremely upset. The employee stated that the slide show took several hours due to the councilman’s multiple revisions and they felt they had no choice but to comply. On another occasion, the password for the city’s Facebook page was provided to the City Clerk and Councilman Faria and an inordinate amount of postings went up causing the new social media policy to be developed and Councilman Faria’s access has now been removed.
During a separate incident, the EPPD had stopped Councilman Faria driving in his car for a motor vehicle violation. The officer redirected Councilman Faria several times to return to his vehicle and Councilman Faria derided the officers stating, “what a great representation of this city” and “do you know who I am I sit on your pension board” and proceeded to show his city council badge. Another incident took place at the Field House Pub when officers responded for a late closing issue. The license holders are required to close at 1:00AM. Upon arrival, they encountered 20 people inside including Councilman Faria. They instructed everyone to leave and noted that Councilman Faria became agitated and stated “who do you think you are talking to”. The question is whether or not Councilman Faria’s behavior violates federal law or state law or does it violate any city charter or municipal ordinance, is the behavior intended to provide access for himself or any other person who is not authorized that access and objectively and subjectively cause employees to fear safety and security issues or their wellbeing, feel intimidated or threatened and interfering or compromising their efforts to be efficient and effective or exposes the city if it fails to protect them, from a hostile or unduly stressful work environment. The Council has access to his full report including his findings regarding answers to those questions.
Councilwoman Sousa asks when these were brought to his attention and when he had concerns who did he go to for approval.
Captain David states the City Solicitor’s office approved legal consultation. He notes the decision to open an investigation was his own.
Assistant Mayor Britto states that he is baffled by the April 27-28 situation. He wants to know if they know of any other history of this act as it seems like a lot of comfort in doing this. Are they aware of any other incidence?
Captain David responds that the finding of a criminal investigation is very recent and as part of that investigation they would try to find that out through an internal investigation.
Assistant Mayor Britto responds about the clerk’s the office and that his demands were more than any other council members and swearing, yelling and berating and put that with IT department these are women he is berating these women a pattern of department heads with women and it must be frustrating to put up with that behavior and whether it will be good or bad that day. He sees a pattern here of intimidation. He adds that it must be frustrating to have to put up with this and be a witness knowing he is getting away with it. He finds it hard to believe that it has been happening for this long and he is sure this isn’t even half. The picture being painted of intimidation and fear of their jobs and knowing how many times he calls me can you imagine how many times he calls them? I find it appalling. Reading this testimony of what exactly went down. We heard he had the password when he specifically said no. We now know he had it. It is a nightmare for people who work here and had to deal with it day in and day out. I don't know when the investigation is to be done but he shouldn't be allowed back in here with the exception of council meetings. There is more to this folks, a lot more to it and it is a disgrace.
Councilman Botelho discusses Section 2 of the City Charter which is the base of the city government and the council and notes that 2-12 is very black and white council members are to act through the city manager when dealing with subordinates.
Attorney Dolan reads this section.
Captain David I am not a legal scholar but as Actinig Director of Human Resources the language is clear and I have documented several times that he gave direction to employees and that employees interpreted that as orders.
Councilman Botelho states that his reading has always been if he had a specific request of a department head or of a certain department he would to the City Manager and then he would execute it from there if there needed to be action. The city council cannot come in here directing staff aside from those who are appointed to do something. He asks if this is his conclusion that it did violate 2-12.
Captain David states yes that is his conclusion based on his investigation but that falls under the city council if that did occur.
Councilman Botelho states yes that to him it is pretty black and white and that he thinks that this system of government only works if we follow the rules. That over time lines have been blurred between certain city council people trying to do more than that. Council members are in charge of ordinances, policy and the budget that is it. It is the administrative role to conduct day to day operations. Anything outside of that without going through the city manager is a violation of the charter and the appropriate solution as stated in 2-12 applies here. We need to start taking this seriously even if there are only a few months left much of the charter will stay in place. I also echo Mr. Britto’s settlements as well.
Assistant Mayor Britto states that entering private offices without that person present what offices was that.
Captain David responds that based on employees and video evidence he has entered three private offices within the City Clerk’s Office without their presence and can say with surety can say without their approval.
Assistant Mayor Britto asks what type of private information or public information was present in these private offices?
Captain David responds the city clerk’s office which houses the municipal court and other administrations and they all handle sensitive documents for the city, Municipal Court violations, EPPD Harbor Management, Building and Animal Control violations, defendants information and case tracking.
Assistant Mayor Britto states that one document which was talked about was municipal court and his behaviors with the municipal court clerk. When he asked for more information from the municipal court clerk.
Captain David states that he would just ask that they understand he is trying to keep employees complaints as confidential as possible. On February 6, 2018 at 1:36PM Councilman Faria spoke with an employee regarding municipal court violation specific to a defendant which he stated he knew had been suspended and that he spoke with RITT or had viewed the item on their website. The employee explained they had no information but if they had it could not be released as it was not public information. The employee went to the vault and was followed by Councilman Faria arguing that he should be given this information. The employee states that the Councilman’s demeanor changed dramatically, body language and that he got loud and caused her to feel extreme anxiety and felt in fear regarding how quickly the Councilman’s demeanor changed. Several other employees followed either witnessing the incident or the anxiety and stress it caused which was atypical for that employee. The employee at the time the incident took place spoke with two prosecution officers who work closely with court staff and reassured her that she should not to provide the information and instructed that she provide the prosecution office number to the Councilman and for him to call them if he had any questions. The employee did so and attempted to give to the Councilman this information and he dismissed the employee and would not receive it.
Attorney Dolan instructs the Council that if they wish to consider the testimony further they could consider adjourning to Executive Session.
Councilman Botelho makes a motion to adjourn to Executive Session pursuant to RI General Laws § 42-46-5 (a)(4)
Councilwoman Sousa makes a statement before adjourning that a lot of this is very disturbing and as our Assistant Mayor alluded to the building known for poor behavior to females and these are mostly all females who are expressing intimidation and job security issues and it gravely disturbs her. She recently held a Woman’s History Month event at City Hall and a lot of it had to do specifically with dealing with women and being bullied or victimized. It doesn't happen in all areas and there are great men that work here but our responsibility is to make sure we keep everyone safe and comfortable in this building and other city buildings and for the record she is highly disturbed about the presentation today.
Councilwoman Sousa seconds the motion and on a roll call vote it is unanimous 4-0 with Councilman Faria Absent.
The City Council adjourns to Executive Session with Mayor Briden stating that they will be returning and making motions in open session.
IV. 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)(4).
A. Investigation of Councilman Brian Faria pursuant to Sections 2-2, 2-5, 2-9(7), 2-12 and 3-5 of the East Providence City Charter including, but not limited to, issuing further subpoenas pursuant to the Council’s authority under Sections 2-5 and 2-9 of the East Providence City Charter and other possible civil and criminal legal options.
V. RECONVENE IN OPEN SESSION: REPORT OUT VOTES IF ANY TAKEN
Mayor Briden speaks and states that votes are to be reported out and that there was a vote taken as well as a motion to seal.
A motion to reconvene in open session is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Councilman Faria Absent.
Councilman Botelho states that he has a question for Attorney Dolan if they have the authority under the city charter to remove Councilman Faria from the city council based on what they have heard.
Attorney Dolan states there were really only two charter provision that address this 2-2 which deals with qualifications and when an office shall become vacant and he reads this section. There is also 2-5 and he reads this section subject to review by the courts. Also, section 2-12 and he reads this sections. These speak to when and how and what a conviction does while a council person is sitting. Both provisions have apparent limitations straining the extent to being able to do that. There may be a better approach that he might suggest. Councilman Faria has sued the city council with a miscellaneous petition in the superior court seeking to quash the subpoena to come here and be available for questioning and produce any documents in his possession and has filed a civil law suit against the city and council members individually which seeks to prevent inquiries into him, the council are bound to respond to him. The city has viable causes of action, civil causes of action, that can be asserted against Councilman Faria which would not be criminal but civil prosecution and which would address the facts raised tonight and in connection with that the city could seek what is known as a temporary restraining order from the superior court to ensure that the property of the city, that may or may not have been taken, is returned, that to prevent the property from being disseminated to anyone else and that the employees of the city not be harassed or directed other than what the charter permits. The temporary restraining order could be brought on very quickly and that you would have to do in any event in response to the law suit. It also potentially gives rise to additional information to inform further action of the council which Councilman Botelho asked about.
Councilman Botelho notes that it sounds like the second option is more viable and that would probably address the matter in a quicker and more targeted format.
Mayor Briden states that what he is saying is not choosing between two but taking this as an initial step and then the council may perhaps have additional options which may lead to a removal under section 2-12.
Attorney Dolan states that is correct.
Councilman Botelho asks Attorney Dolan what he would suggest the motion could be.
Attorney Dolan states the motion would be that the council authorize the existing special counsel to respond to Mr. Faria’s lawsuit by asserting any and all defenses and applicable counter claims, the city may possess or determine it has as a consequence of the facts and circumstances that have been presented tonight or that may have developed after this night and in connection therewith to seek any appropriate injunctive relief from the superior court that may be warranted in order to protect the employees and the integrity of the city's data and confidential information and that be as It would be without prejudice to the city’s undertaking of the city additional efforts as warranted the facts developed by any such civil action.
Councilman Botelho states he wishes to make that a motion and this is seconded by Assistant Mayor Britto and on a roll call vote the motion is unanimous 4-0 with Councilman Faria Absent.
Mayor Briden states that the City Council may need a meeting between now and July 24th and instructs Attorney Dolan to let council know.
VI. ADJOURNMENT
A motion to Adjourn is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion it is unanimous 4-0 with Councilman Faria Absent.
Approved By Council: July 24, 2018
Attest: ___________________
City Clerk