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CITY OF EAST PROVIDENCE

JOURNAL/MINUTES-SPECIAL SESSION MEETING-WORKSHOP

WEDNESDAY, MARCH 11, 2020

CALL TO ORDER: 7:00 P.M.

145 TAUNTON AVENUE - CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

 

City Council:

Council President, Robert Britto - Ward 1

Council Vice-President: Bob Rodericks - At Large

Councilwoman Anna Sousa - Ward 2

Councilman Nate Cahoon - Ward 3

Councilman Ricardo Mourato - Ward 4

 

 

I.       CALL TO ORDER – Council President Britto requested the meeting to order and requested the City Clerk, Samantha Burnett to call the order. All Council members were present.

 

II.      PLEDGE OF ALLEGIANCE – Led my Council President Britto.

 

III.     CHARTER WORKSHOP

City Solicitor, Michael J. Marcello stated that when the public needs reasonable and detailed notice and no specific items should be discussed. Solicitor Marcello stated that the agenda doesn’t reflect items to speak. Assistant Solicitor Conley stated that the Charter can be discussed but as a whole, no votes or even anything that even appears as a vote or actions can be taken during this meeting. Assistant Solicitor Conley stated this can be a workshop about the Charter.

Council Vice President Rodericks stated that there was no intent of any votes being taken tonight and will rely on the Solicitor’s to advise the Council goes too far, the solicitor's can tell them that they’ve gone too far.

Council President Britto stated there will be no votes and just discussion.

Assistant Solicitor Conley state Charter amendments work are they get proposed by resolution, and includes the exact language change in its entirety and the exact question that will end up on the ballot. Once it is passed, it then gets forwarded to the Board of Canvassers and then forwarded onto the Secretary of State. The resolution and the question need to match.

Council Vice President Rodericks asked that Charter amendment changes can be made by the Council without a new Charter Commission.

Solicitor Marcello did make mention of public hearing and confirmed that the Council can act in the regard Council Vice President Rodericks asked.

 

A recommendation by Councilman Mourato that either both City and Assistant Solicitor should be appointed by the Council.

Councilwoman Sousa stated that she did previously mention her concern regarding this issue and that previously there were three solicitors for a reason. There is a workload in the City between City work, administrative work and legislative work and just having two solicitors just doesn’t work well. She does appreciate the law offices put forward to accommodate everybody, but she feels there is a lack and there was more efficiency when there was three and not two (solicitors). Not being able to work directly with them and accessibility is an issue for her and doesn’t speak for the Council.

Council Vice President Rodericks stated that in the past there were three – one was full time and two were part time with delineations of work. Part of the work did have to do work for the school department.

Councilman Mourato feels that the Council needs their own attorney and it would be a good balance.

Council Vice President Rodericks stated that the mayor and administration needs their own representation. Maybe an option is the mayor still has a solicitor and the Council has their own solicitor and they would have to work out a delineation of work.

Councilman Mourato clarified that with one solicitor for the mayor and one for the Council seems like it would be balanced.

Council Vice President Rodericks asked if there was a difference of opinions, who prevails? For example, if the Council’s attorney says one thing and the mayor’s attorney says another, what happens?

Council President Britto stated that in the past he didn’t use the solicitors much at all except for ordinances or resolutions.

City Solicitor Marcello shared different scenarios with the Council regarding how other cities and towns organize their solicitor and legal help.

Councilman Cahoon made a suggestion that if we’re going to come back and revisit this when we can vote and take action on recommendations. Perhaps if someone feels strong about something, they can draft in writing and debate the merits of it. Councilman Mourato said that sounded reasonable. Council Vice President stated that the intent is amendments for Charter amendments that will go on the ballot.

Section 3-9 was concluded as a talking point.

Councilwoman Sousa mentioned appointments and how the Charter is conflicting with ordinances, and then the extension of that with state laws. She would like to make it more of a balanced process where not just one branch has all the authority for boards and commissions. This was referenced as Section 2-13 and 2-14.

Assistant Solicitor Conley stated Section 3.5 1(b) was the catch all.

 

Councilwoman Sousa stated 1(a) and 1(b), then mentioned 2-10 as it relates to boards and commissions and not so much employees. Councilman Mourato asked what her recommendation be for the Planning Board and Councilwoman Sousa said it should be by ordinance.

Assistant Solictor Conley asked for clarification.

Councilwoman Sousa gave an example of each body having an opportunity to appoint.

Council Vice President stated that as of now the Council makes no appointments, aside from the City Clerk.

Councilman Cahoon stated that with the strong mayoral form of government, and we should be careful with what we monkey with in here because this is the foundational document in everything we do.

Councilman Mourato stated that he is going to contact the Assistant Solicitor Conley and work with him to draft amendments.

Assistant Solicitor Conley stated that the greater period of time, the better.

There were no further comments or topics presented.

 

IV.     ADJOURNMENT - Motion to adjourn by Councilman Cahoon. Motion seconded by Councilwoman Sousa. Motion passes unanimously. Meeting adjourned.

 

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