I.                   CALL TO ORDER

Mayor Briden calls the meeting to order at 7:01PM.

II.                SALUTE TO THE FLAG

III.             OPEN SESSION

IV.             COUNCIL MEMBERS

A.    Discussion and Vote Regarding City Council Member Access to City Hall (by Mayor Briden)

Mayor Briden states that access as council should be no different than that of members of the public and following these particular issues he placed this item on the docket which relates to that premise.  He asks if there is any discussion and if not then they would need a motion to establish that premise going forward which is that the city council access to city hall be no different than that of the general public.

Councilwoman Sousa agrees with the Mayor’s statement and adds given the current atmosphere raised at city hall her only question is for those which have a job or a career that ends after the hours of city hall how do they gain access to city hall to do any business.

Mayor Briden states being in city hall when its open or if there is a meeting at night is fine ie: zoning board meeting but that otherwise this would be a good change and the public would support this idea.

Councilman Botelho states when referring to the charter and looking at how it spells out what council members do they are essentially policy makers and the administration is here in city hall to carry out the day to day work.  While he notes he supported the mayor form of government as long as they are still under the city manager form of government they have to adhere not only to the rules but the spirit and the charter and support that.  

A motion to enact that the City Council members have no different access to City Hall than the general public is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.  

B.     Discussion and Vote Regarding Elimination of the City Council Office in City Hall (by Mayor Briden)

Mayor Briden states that it is a bright line rule the council only be in city hall when the public is in city hall and he put this down for a vote for elimination of the office.

Councilman Botelho states he has been consistent in his stance on this topic as has Assistant Mayor Britto. 

Councilwoman Sousa states as a person who has utilized the office as a place to go and do work and have meetings and in coordinating other events she understands and is ok with having the council chambers as a location to do this when she is here during public hours.  

A motion to approve the elimination of the City Council Office at City Hall is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

C.     Discussion and Vote Regarding Elimination of Council Swipe Keys to City Hall (by Assistant Mayor Britto)

Assistant Mayor Britto states he did not know the council had swipe keys but with that being said he would like to eliminate the swipe keys for entrance ways or any offices at city hall.

Councilwoman Sousa states being transparent this was discussed at the beginning of the term and that those council members interested were given one and she currently has one and has used that key to decorate both Christmases and for both Days of Portugal.  She adds that she has been here on weekends for these purposes and those were the extent of her use of the key and access but again she is perfectly fine with not having it.  She adds it is unfortunate that events have led to this and everything seem to be taken away from the council as per Councilman Botelho’s comments earlier in the year, things for the Council slowly get less and less validated or respected.  She understands the circumstances which have arisen that have led to this and therefor she is ok with a safe environment where everyone feels comfortable.

Assistant Mayor Britto notes they can make exceptions just as Councilwoman Sousa mentioned for those particular items like setting up for events.   

Councilman Botelho agrees and adds his past comments were with respect not so much to access to city hall but to our requests and continued requests regarding legislation, roads etc… what we have seen over the last few decades was that council has a permanent presence and feels they are a staff member and we need to continue to balance our roles as policy makers and not be overseers.  We can make exceptions for those who wish to be here on special occasions.

Councilman Faria states he doesn't know how the council has arrived at any of this with no fair hearing or fundamental due process.   He realizes many of them here have declared for seats.  He couldn't make the previous hearing.  There was a one sided presence and he has used the facility and has used it after hours.  He has worked on legislative duties.  He does not use the law department for his research.  He has used his charter commission appointee in the past and it seems that everything is being taken away from the council.   He hasn’t seen anything to support any of these allegations.  In the meantime he asks will there be a conference room available for council to work on items. 

Mayor Briden states that these things will be figured out overtime but in the short run they are here if the public is here and they want to keep it simple with a bright line rule on this.

A motion to eliminate City Council swipe keys to City Hall is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

D.    Discussion and Vote Regarding Charter Amendment to Address Issues of Removal of Council Member (by Councilman Botelho)

Councilman Botelho states he put this on the docket over the last couple of weeks he realizes that as good as the charter commission did in addressing the charter to support a change in the form of government there may be some other items which need to be cleaned up to support state law and this provision was a bit of Swiss cheese.  There are really only 3 provisions that address judging their own members. It is difficult to find a way to make a practical application in the charter regarding the right to subpoena and act as a fact finding body but it doesn't really give any authority of this matter.  He would like to refer this item to the law department to review the charter amendment for the next election.

Solicitor Dias states this must take place at the July 24th meeting as it must be provided by August 6th to the RI Secretary of State.

Councilwoman Sousa asks if the amendments to the charter been finalized which were in the election in November.

Councilman Faria states they take place when the mayor form of government takes over. 

Councilwoman Sousa asks if there was a recall provision. 

Solicitor Dias states there is and it was approved however there is a timeframe when that would be effective and how close to an election it would be allowed. 

Councilman Botelho states if there needs to be or to allow some reasonable conclusion it is ambiguous as to whether or not that is the case and the law department needs to review and suggest to us any changes needed.  This charter is 60 years old and as times changes sometimes things that seemed ok may need to be adjusted now.

Councilman Faria states this council is a legislative body not a judicial body.  He has heard a lot of talk about the charter and not heard a lot about due process.  He suffered a concussion and sent a letter to continue and that meeting went on.  A Captain who was placed here by the former city manager heads the human resource department. 

Mayor Briden states they need to stay on point regarding the charter amendment. 

Councilman Faria states he needs to respond to Councilman Botelho as he made an accusation and he is just curious as to what he is speaking of.   He had a member of this council tell him that it was disgusting what was being done to him.   Though he is not here to throw any of his colleagues under the bus.  This has nothing to do with whether or not to have the law department issue clarity to the charter amendment.  He adds that he made myself available to anyone who had a questions and when Acting City Manager Moore came he approached him every single day about this topic. 

Mayor Briden moves on to the next topic on the agenda. 

V.                NEW BUSINESS

A.    Resolutions

RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT POLICE CHIEF CHRISTOPHER J. PARELLA AS ACTING CITY MANAGER OF THE CITY OF EAST PROVIDENCE

A motion to dispense with the reading of the Resolution is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

WHEREAS, on March 28, 2018, the City Council of the City of East Providence appointed Malcolm Moore Acting City Manager and provided a new salary to him effective May 15, 2018 as Acting City Manager; and

WHEREAS, on June 27, 2018 the City Council of the City of East Providence appoints Christopher J. Parella as Acting City Manager, a position he will serve concurrently with the position of Chief of Police replacing Malcolm Moore of his duty as Acting City Manager; and

WHEREAS, in the role as Acting City Manager, Christopher J. Parella will retain an administrative assistant from within the ranks of the East Providence Police Department, of his selection, to serve under his leadership as Acting City Manager; and

WHEREAS, Chief Christopher J. Parella will divide time jointly between the positions of Acting City Manager and Chief of Police both in his duties and personal presence at his discretion and as needed; and

WHEREAS, Chief Christopher J. Parella shall retain his continuous benefits with no alteration concerning his police pension and longevity or any other current police compensation; and

WHEREAS, Chief Christopher J. Parella shall receive a stipend for the added duty of Acting City Manager at an amount to be determined by the City Council which shall be in effect from the date of appointment until the date of discharge from the duties of Acting City Manager.  The former Acting City Manager Malcolm Moore shall no longer receive compensation approved for him as Acting City Manager and shall resume receiving compensation of his salary as Director of Finance; and

WHEREAS, upon the installation of the Mayor of the City of East Providence or at any time prior to if his services are no longer needed, Chief Christopher J. Parella will return to the sole duty of Chief of Police.

NOW THEREFORE BE IT RESOLVED that this resolution authorizes the City Council to appoint Christopher J. Parella as Acting City Manager for the City of East Providence at the City Council’s discretion or until the duly elected Mayor is installed.

This resolution shall become effective upon its passage.

Requested By:  Councilman Botelho

Councilman Botelho states he first wants to say this has absolutely nothing to do with Malcolm Moore.  He has been a model city employee and an ultimate team player.  He has a lot of respect for Malcolm and as time and situations change the council should be charged with making adjustments.  He explains that even Bill Belichick and the Patriots are known for making adjustments in the middle of the game.   That is the hall mark of good leadership.  The ability to make adjustments when things change.  Given recent circumstances things have changed and when asked a question he just does what is best for the city.   Malcolm should be congratulated for that.

Assistant Mayor Britto states he wants everyone to know that Malcolm is not being eliminated he will return to his regular duties as finance director.  The change is in leadership at city hall and Malcolm retains his old position which he was always to return to.

Councilman Faria states when they appointed they had let Tim Chapman go and the council felt this was the most appropriate avenue to take.  He had a job performance early in December and on March 27^th he was dismissed and dismissed without cause.  He notes Councilman Botelho made an enlightening speech and Councilman Faria reads from that excerpt.  They have now heard that Malcolm’s done a terrific job so then why are they firing him.  This is exactly what killed the city manager form of government. When elected to this council Tim Chapman spent the day with them decorating a tree and talked about his children and he gave it his best and he really tried with Mr. Chapman.  Malcolm finalized the contracts for police and steel workers and is working on the EPPMTEA.  Malcolm still maintained his integrity and he still denied documents to me and he respected him for that

Assistant Mayor Britto states he is not terminated he is still working in city hall it was an interim position and he is going back to his permanent position.

Councilman Faria states he works Saturdays and Sundays and worked a majority of time without extra pay.  He adds that he fought for retroactive pay and Malcolm is doing two full time positions where Tim Chapman was the Solicitor which is a part time position with no required hours.  He just can’t believe that it has come to this and all he is asking is to do what is right.

Councilwoman Sousa states that she has some grave concerns to change again and set up more turmoil.  It has seen quite a bit in the city and was disturbing to her and she knows Malcolm does do a great job.  She knows what he does in both roles and that he is going back to the permanent role but her only concern is that with the current appointment being made of the Chief his role is really important and his department needs him to run it and out of that role into this management role is concerning to her.   The Chief will be in two separate buildings on either side of the city.  There will be concerns with the running of the building and issues in the city with murders and stabbings and the drug epidemic.  Our city is #3 in the state.  The EPPD are working hard to combat those things.  How is the Chief going to be able to do both those roles effectively?  He does a great job with the role he has currently but she has concerns with splitting these.

Assistant Mayor Britto states the Chief has a good support staff and a Major who can fill in at any time as well as Captains and the staff that he has built for himself.  He is in a position that they can support him doing both jobs.  The Chief is not out on the roads.  He does administrative work and personally he believes the Chief can balance the two positions with support staff.  It would be a similar situation if he was on vacation.  That staff can rise to the occasion and fill in at that point.

Councilwoman Sousa notes in the resolution it mentions having an administrative assistant and she would like to know if that would be someone that is present or that he will bring in.  

Assistant Mayor Britto states he would allow the Chief to discuss this at some point in time but he is not hiring additional staff.

Councilwoman Sousa states she would like to know before she takes a vote on it.

Councilman Faria agrees and notes that in three years this is the second time they have gone through this and wishes there was another way to work it out. 

Mayor Briden states they want to handle things delicately and do not want to make things difficult for anyone.  There was a hearing here last Wednesday and there were serious issues raised.  There were employee complaints and a presentation and other issues.  In the presentations it showed an unusual situation and in all his years he has never seen anything like that with this unusual situation.  Having the Chief who’s capable and runs a significant department is a step in this process.  It is really due to the unique circumstances that currently exist and was presented for the sake of employee security and reviewing security at city hall and it is the responsible decision which is in the best inter of the city.  There is no negative to be drawn from Malcolm Moore and we look forward to continuing to work closely with him on the budget and he will continue to play a very central role.

Councilman Faria states they have a Constitution in the United States and none of these allegations are worth the paper they are written on.  He feels this is an absolute political issue and he has had an open line with the Chief and if there was a concern at the end of a business day he would address it.

Councilman Botelho states that what killed this form of government was city council members in the past abusing and setting up shop in city hall.   When I voted to fire Chapman some loved me then but now I’m voting my conscience and I’m a bad guy.  I don't operate that way.

Councilwoman Sousa states she has no problem with the way things are going with him she just has general concerns.   When they changed positions with managers the process and the city business was delayed.  She just wants to ensure the process won’t get delayed.  She feels Malcolm will work with the Chief and when people change there is a catch up time.   These are valid concerns.  She doesn't want any concerns of doing business with our city or contract negotiation as they did have that with the previous situation.

Mayor Briden states these are good points and they all share that objective and things will continue to run well and the Chief is capable or working with department heads and employees at city hall.

Councilman Faria asks what is this going to do with what Malcolm has worked on up to this point.

Mayor Briden notes the gentlemen work well together.

Councilman Faria states when they appointed Malcolm one of the things Councilman Botelho stated was that he complimented him on his financial background and now they are at this point.

Councilman Botelho states they now need something else.

Assistant Mayor Britto states they cannot forget the reason why they are here this evening.  This never would have happened if not for the events of April 27-28 and it is not because of Malcolm.  They need to restore law and order at city hall that is why they are making the transition it has nothing to do with Malcolm.

Councilman Faria states that he heard no facts.

Assistant Mayor Britto responds then he should have been present.  

A motion to approve the Resolution is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote the motion passes 4-1with Councilwoman Sousa noting for the record upon her affirmative vote that this is in the spirit of working together and Councilman Faria voting Nay noting for the record that this is a huge mistake with only 5-6 months left that Mr. Moore is being punished and he has done a fantastic job and that no allegations have been proven. 

Acting City Manager Moore thanks the Council for their kind words and notes that he was glad to assume that role.  He adds both jobs were very time consuming.  He plans to work well with the Chief and he will do an excellent job he understands the situation.

Chief Parella thanked the Council.  He explains that he has no political ambitions or aspirations and he did not look for this appointment.  He views it as another assignment and task to accomplish.  He has had 28 years of rock solid employment and when asked by his employers to do this anyone in his position would step up and take on that challenge.  He has been given no mandate or preconceived notions.  Every day he will come here and do his best.  He will include not exclude.  He feels the whole tune at city hall needs to be more dignified and more responsible.  There is a process for everything and everything has a procedure.  No matter how loud or often someone talks every decision he makes will the best he can and will include all resources.  Every decision will be in the best interest of the city.   Employees should not feel uptight they should feel they can perform and not have this added stress in their work environment.  The same is to be said for constituents.  Once this happens things will get together and move forward.  They can do great things in a short time and he looks forward to this opportunity.

Councilman Botelho welcomes aboard the Chief. 

Mayor Briden welcomes the Chief and reiterates that it was the Council that approached the Chief and that the Chief had no idea he would be asked and that his willingness to serve and do what needs to be done is greatly appreciated.

Councilwoman Sousa states she has confidence he will do a good job.

Councilman Faria congratulates the Chief. 

VI.             EXECUTIVE SESSION

The City Council of the City of East Providence may meet in Executive Session pursuant to RIGL 42-46-5 (a)(2)

A.    Discussion and Vote Regarding Acting City Manager Terms and Conditions

VII.          RECONVENE IN OPEN SESSION: Report of votes if any taken in Executive Session.

The City Clerk reports out the votes from Executive Session. 

A motion is made by Assistant Mayor Britto, seconded by Councilwoman Sousa that effective tomorrow the Police Chief, Chris Parella shall receive a stipend to the salary of City Manager and to bring the Finance Director, Malcolm Moore back to the salary of Finance Director and on a roll call vote it is unanimous.  

VIII.       ADJOURNMENT

A motion to Adjourn at 8:07PM is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

Approved By Council:  July 24, 2018

Attest:  _______________

                 City Clerk