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Bk. 39 Pg. 476
CITY OF EAST PROVIDENCE
MINUTES-SPECIAL COUNCIL MEETING
THURSDAY, JUNE 27, 2024
CALL TO ORDER: 6:45 P.M.
145 TAUNTON AVENUE-CITY COUNCIL CHAMBERS
EAST PROVIDENCE, RHODE ISLAND
Notice: The meeting will also be viewable live at: https://www.youtube.com/channel/UC0YEW6s1RpjcKR47VMil1LA
City Council:
Council President, Bob Rodericks – At Large
Council Vice-President: Frank Rego – Ward 1
Councilwoman Anna Sousa - Ward 2
Councilman Frank Fogarty - Ward 3
Councilman Rick Lawson - Ward 4
Assistant City Solicitor, Dylan Conley
City Clerk, Jill Seppa
I. CALL TO ORDER 
Roll Call
Fogarty__X___ Lawson__X___ Rego__X___ Sousa __X___ Rodericks__X___
II. SALUTE TO THE FLAG
- Salute to the flag lead by Council President Rodericks.
III. COUNCIL MEMBERS
1. Discuss pending vendor payment for City vehicle repair– discuss – Councilwoman Sousa
- Councilwoman Sousa spoke to the vehicle repair business owner. The business owner states that there is an outstanding bill for a vehicle that was repaired at their establishment. It’s been over six months, and it’s being held by the city. Councilwoman Sousa states that the business owner has questions and has yet to receive any viable responses.
2. Update on On Call Financial Advisor - discuss and possible vote – Council Vice President Rego
- Vice-President Rego states that he would like to re-advertise because of the short window.
Bk. 39 Pg. 477
- Motion to move forward with re-advertisement based on state law within a time frame as soon as practicable by all laws. Motion seconded by Councilwoman Sousa. Motion passes 5-0.
| Member | Aye | Nay |
| Fogarty | X | |
| Lawson | X | |
| Rego | X | |
| Sousa | X | |
| Rodericks | X | |
IV. SPECIAL MEETING
Review, discuss and possible vote on suggested charter changes as recommended by East Providence Charter Commission as set forth in Exhibit A
- Assistant City Solicitor, Dylan Conley, states that, as it’s presently scheduled, the final date for the secretary of state is August 7th, and the final date for the local Canvassing Authority is August 5th. He states that August 4th would be the last functional date to pass through the resolutions, which is cutting it incredibly tight. He states that their hope is, from this June 27th workshop, to identify the areas that the solicitor’s office will draft and won’t draft. The drafts will include a resolution with changes in it and a corresponding ballot question. He will then produce those resolutions for a public hearing on July 9th. July 9th to August 7th would be finalizing the ballot questions.
- Councilman Lawson states that the council gave all of the appointments to the mayor with council approval, and he asks if there is room to discuss taking out the mayor and just have council approval. He has a concern regarding having one single source appointing into all different boards, even though there is council approval. He’s concerned about one individual to bring forth names.
- Council President Rodericks states that this gets into the grey area, the legal area. He states that they need to have a balance of power.
- Councilwoman Sousa states that she shares the same sentiment as Councilman Lawson. Councilwoman Sousa proposes that every council member within their ward would be able to have an appointment and then the mayor would have two appointments.
- Council Vice-President Rego says that he agrees with what his fellow council members are saying. He states that the Waterfront Commission works the best because every councilmember, the mayor, the governor, the speaker of the house, and the senate all have appointments. He also proposes that their terms run concurrent with the council terms.
- Councilman Lawson states that they may lose some historical and institutional knowledge of some projects, and states that staggered terms may make more sense.
- Assistant City Solicitor, Dylan Conley, states that a new law passed from the general assembly which enables municipalities to merge their planning and zoning into a single board that can handle all things for the planning board and all things for the zoning board.
- Councilman Lawson states that he wouldn’t combine the boards because they wouldn’t have time to vet it.
- Commission member, Bruce Rogers, 500 Warren Avenue, states that the council has the power to reject the person that the mayor presented and agrees that the board should represent the ward.
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- Councilwoman Lawson states that although the mayor represents the city as a whole, the council members are very specific to their wards.
- Section 2-4
o Councilwoman Sousa states that there is a suggestion by the commission to add that the council president shall have the power to set all of the city council meeting agendas with the assistant of the city clerk and law department.
o Councilman Lawson brings up a concern about whether the other councilmembers have a say of what goes on the agenda.
o Marc Furtado, Charter Commission chair, states that, customarily, the chair does formally set the agenda.
- Section 2-9 – powers of the council
o Councilman Lawson suggests striking number two. He states that the council doesn’t need to establish administrative department and distribute work.
o 2-9 article 5
§ Councilman Lawson asks for clarification regarding providing for an independent audit. He asks, other than passing the resolution to pay for an audit, what does the council do to provide an audit, and what is the council’s role in the audit?
§ Assistant City Solicitor, Dylan Conley, states that things in this Charter were contemplated for the council as the only elected body. This was the way the charter guaranteed that an elected body would produce an audit. It can either be a mayoral responsibility or a council responsibility.
§ Councilman Lawson suggests putting this section under article three, under the powers of the mayor.
§ Assistant City Solicitor, Dylan Conley, states that there is no prohibition on any other party producing an audit.
§ Councilman Lawson clarifies that the suggestion is to strike section 2-9 article 5 from 2-9 and putting it under section 3-5.
§ Councilman Lawson asks if this language should stay under the powers of the council, or if they’re going to move the provision that the administration provides the audit. He asks if this should this be slid over under article three?
§ Assistant City Solicitor, Dylan Conley, states that he may strike 2-5, move 2-15 to section three, and change 2-15 to be a mayoral requirement.
o 2-9 article 8 – mayor’s role in the licensing process
§ Assistant City Solicitor, Dylan Conley, states that the mayor has no power unless the council chooses to give the mayor power.
§ Councilwoman Sousa suggests the addition of language that states that the city council holds, if it’s not in conflict with state law or unless state law doesn’t define it, that the city council holds the power to grant all licenses and permits within the city and the ability to revoke them after a show cause.
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o Councilman Lawson suggests a quorum of three members.
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- Section 2-10
o Councilman Lawson states that the council should have the authority to reach out to department heads for information. He suggests that the language get cleaned up in 2-10 and add something under 2-12 that says the city clerk has the authority to reach out to a department head.
o Assistant City Solicitor, Dylan Conley, suggests the addition of power of inquiry though the clerk somewhere in 2-9 and then update section 2-10 to the extent necessary to make sure that power inquiry through the clerk is supported.
o Councilman Lawson states that he’s not in favor of moving the appointment of the clerk to article three under powers of the mayor. The city clerk cannot enact a mayor’s agenda because everything is mandated by state law. He also likes the idea of at least one person appointed in city hall by the council.
o Councilwoman Sousa suggests that the city clerk still report and work with the city council, but the council consider the addition of an assistant coordinator. The assistant coordinator would be a council coordinator that would be appointed to the council through a hiring process, which would give preference to someone to a city resident. The assistant coordinator would fall under the city clerk and assist in the duties of the city council. Councilwoman Sousa asks if it would be advantageous to have a single line in the charter that would specify that, at the council’s pleasure, if they choose to have an assistant coordinator for the council.
- Section 2-16
o Councilman Lawson states that he doesn’t have a problem with striking the lines from 2-16 that are recommended.
o Councilwoman Sousa states that she has a reservation regarding having on online copy. She states that the city has different types of skills and accessibility, and to be transparent and available to all residents or business of the city, publication should be available online and through circulation.
- Section 3-5
o Councilman Lawson states that he opposes the recommendation because Paul and Malcom told him that it’s not a good idea to put anything in the charter that creates an automatic expenditure.
o Councilwoman Sousa states that her sentiments are similarly in line. She states that as the charter stands now, the council has the authority to set the salary of all three elected bodies within the city (mayor, council, and school), so she doesn’t see a need to change anything.
o Marc Furtado, Charter Commission chair, states that they came up with $110,000 for the mayor’s salary by looking at different municipalities. He states that $110,000 is exactly $90,000 when taking the CPI into account. The CPI language is the exact same language that the state offices use. The only difference is that they did it per annum instead of per term. He states that not being able to exceed 3% per year would be easier and more predictable on the budget.
o Council President Rodericks states that he doesn’t have a problem with the number. He states that he would like to help it by setting it for the next term, so they’re not beholden to another charter process that may say something different. He states that he’s prepared to have the solicitor work on an ordinance for one of the next couple meetings.
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o Charter commission member, Dave Louis, 75 Brookfield Road, clarifies that the council is passing it to take effect in 2027, not the recommendation of the charter upon passage on the ballot.
o Charter commission member, John Faria, states that the reviewed salaries of the city council and the school committee are very low. He states that he would like the salaries to be increased.
o Councilwoman Sousa states that some council members, in previous councils that were elected, didn’t take the stipend because they felt that they were doing a civic duty.
o Council President Rodericks says that everyone in this room is saying that the mayor’s position deserves a lot more money than $90,000. He states that he’s heard that they’re willing to consider anything up to $120,000. Putting it in the charter or setting it up an ordinance makes a difference in the time when it would take effect.
o Assistant City Solicitor, Dylan Conley, states that by ordinance there seems to be a prohibition in raising the mayor’s salary during a term in section 3-3. He states the ordinance changes the salary effective after the next election, and the charter amendment that states a salary or some sort of calculation of salary that could be effective upon passage, basically a two years difference in salary.
o Councilman Lawson and Councilwoman Sousa do not want to increase the salary amount during the term of any elected official.
o Councilman Lawson states that he would like the language of section 1B to be cleaned up and read “enabling legislation”.
o Commission member, Julie Silva, 257 North Brow Street, states that there have been issues in the past where Council people took their appointments and gave them to other wards, and she doesn’t believe that it’s fair to the constituents. She encourages the addition of language that doesn’t allow anybody to do that.
o Councilwoman Sousa states that there is one per ward per zoning and planning. She believes that it should be that way for all boards and commissions.
o Council President Rodericks doesn’t believe that it’s fair to not raise the mayor’s salary until 2027. He wants to find a way that the administrative head of the city of East Providence will be compensated more than $90,000.
o Marc Furtado, Charter Commission chair, states that if it’s passed by ordinance, then it’s passed by the council. The council is not empowered to raise the salary during the term of office. However, a charter amendment is passed by the people of East Providence, and the people are empowered to change the salary in the middle of a term.
o Councilman Lawson states that he would be in favor of changing the charter to say that the mayor’s compensation shall be reviewed every budget year.
o Commission member, Julie Silva, 257 North Brow Street, states that there should be some type of review to discuss the cost of living increase.
o Councilwoman Sousa states that the council does think that there should be an adjustment for the position of the mayor. The council feels that it should not take place during a current term. She also states that there should be language about an annual review of salary.
o Assistant City Solicitor, Dylan Conley, says that he will most likely write a dramatic increase in flexibility on what can happen with salaries on a year-to-year basis, a requirement that salaries are considered on a year-to-year basis, no obligation to perform, so it would still be within the authority of the council through a budgetary process to identify salaries on a basis.
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o Councilwoman Sousa states that the notification of the city council of all appointments shall be in writing and filed with the city clerk within 5 days should be changed to 10 days.
- Section 3-9
o Councilman Lawson states that the charter calls for a solicitor and an assistant solicitor. He asks if there is any conversation to be had that the mayor appoints the solicitor and the council appoints the assistant.
o Council President Rodericks states that both solicitors require confirmation from the council.
o Assistant City Solicitor, Dylan Conley, states that there needs to be a point that the city of East Providence is the end all be all client. He states that he doesn’t have an objection to how it’s broken out, whether the individual boards or the council has their own individual that they’re appointing. He states that the language that currently prevents anyone from having a separate attorney outside of this process is the second to last clause – the city solicitor shall be an attorney for the city and the legal adviser of the mayor, council, and of all officers departments and agencies. He states that if the council wanted to be able to have a separate appointment, he would recommend editing that line to strike the council from that and add a different clause that says that the council may appoint its own legal counsel. He states that it does invite lawsuits, so there should be some level of hierarchy on which legal opinion is going to control. He states that the city of East Providence needs one attorney that’s clearly representing it.
o Vice-President Rego believes that the best process is for the council to have its own ledge counsel.
o Marc Furtado, Charter Commission chair, states that the solicitor is not the mayor or the council’s lawyer.
o Assistant City Solicitor, Dylan Conley, states that the solicitor is the attorney for the city. If the solicitor is of the opinion that some other legal counsel is needed, then the solicitor can hire out. He states that without the solicitor’s approval, no party within the city has the ability to hire outside counsel.
- Section 3-11
o Councilman Lawson states that he would like to strike the sentence – “two or more departments may be headed by the same individual, the mayor may head one or more departments, and directors or departments may also serve as chiefs of divisions.
- Section 4-3
o Councilman Lawson states that he would like to strike 4-3. He thinks the director of finance salary should be between him and the mayor.
- Section 4-4
o Councilman Lawson states that he would like clarity on how data should be aggregated and the way that they receive the data.
o Council President Rodericks states that they do have the right, if they go through the chief of staff or the city clerk, to receive data.
- Section 4-7
o Councilman Lawson states that he would like to discuss unencumbered appropriations on how they deal with them.
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o Councilwoman Sousa states that she struck the first three sentences in her charter requests. She feels that the budget shouldn’t change before a certain time stamp.
o Councilman Lawson asks if there should be a provision that says that any appropriated money being used other than the original intent has to be notified.
- Section 4-10, unexpended appropriations
o Councilman Lawson states that it says that appropriation balance not expended shall be included in the monthly report to the council. He asks where the surplus money goes. He states that when they do the budget, they should know how much money they didn’t spend. He also states that the surplus of money should be applied to the next year’s budget, before the assessment of how much they’re going to tax people.
- Section 4-12
o Councilwoman Sousa proposes a change where the council would be able to appoint one of each ward throughout the city. The mayor would also get 2 alternate board member appointments – 5 full members from the council and 2 alternate members. The appointed personal stays in the term unless somebody else is appointed to be your successor. All other boards and commissions or committees throughout the city would be via ordinance, equally distributed amongst each of the wards and the mayor would have their one or two picks.
o Councilman Lawson states that if the other boards are staying mayor with council approval, they should keep it consistent across the board.
- Section 4-13, competitive bidding – section two
o Councilman Lawson believes that the threshold of the administration able to spend up to $50,000 without approval of the council is too high.
o Councilwoman Sousa states that she is comfortable with $10,000.
o Council President Rodericks thinks $10,000 is a little restrictive and suggests $25,000.
- Section 5-1
o Councilman Lawson wants to ensure that this language states that we can change the budget year from November one to something else via ordinance without having to do a charter change.
- Section 5-7
o Councilman Lawson brings up the idea of a provision that the council be informed of all department surpluses prior to the beginning of the budget process
- Section 9-1
o Councilman Lawson states that he doesn’t believe that a city employee should be forced to campaign for an incumbent.
- Section 10-3
o Council President Rodericks states that he does not agree that the council has to confirm school contracts in which they’ve had zero involvement.
o Marc Furtado, Charter Commission chair, states that the council has to include those contractual obligations, like raises, in the budget that they’re passing.
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- Section 13-9
o Councilman Lawson brings up the idea that the council may provide reasonable penalties for the violation of any ordinance.
o Councilwoman Sousa states that this covers the ability for the council to set penalties with the ordinance.
- Assistant City Solicitor, Dylan Conley, states that there is a chunk of things related to notice and timing of when the budget occurs, the date for the veto, etc. These are separate from things that are limit to financial changes, which he’s structured to correct for some of the budgetary challenges and timing. He said that he will put together these changes in a resolution. He thinks that the changes will make the budget practice work much cleaner.
- He states that his changes are all increased flexibility for the council to react to budgetary issues, in particular, a potential veto.
- Councilwoman Sousa states that 40 days prior to the beginning of each budget year to prepare and submit the budget is not enough time. She asks to increase that number.
- Assistant City Solicitor, Dylan Conley, rescinds his commitment to present ballot questions by July 9th.
- Dave asks for clarification about whether they’re going to move forward with staggering terms.
- Councilwoman Sousa is in favor of staggering terms.
- Councilman Lawson doesn’t see a need for staggering terms.
- Councilman Lawson brings up the topic of nonpartisan elections. He’s not in favor of partisan elections.
- Charter commission member, Bruce Rogers, states that the reasoning for partisan government is to make is consistent in the city. He states that it helps the people of the same party to work together better.
- Commission member, Julie Silva, states that this issue needs to go before the people.
- Council Vice-President Rego and Councilman Fogarty states that they support putting this on the ballot.
- Charter commission member, Bruce Rogers, encourages the council to seriously think about putting as much they can that was presented on the ballot at this time for the city of East Providence.
| Member | Aye | Nay |
| Fogarty | | |
| Lawson | | |
| Rego | | |
| Sousa | | |
| Rodericks | | |
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V. ADJOURNMENT
- Motion to approve made by Councilwoman Sousa. Motion seconded by Councilman Lawson. Motion passes 5-0.
| Member | Aye | Nay |
| Fogarty | X | |
| Lawson | X | |
| Rego | X | |
| Sousa | X | |
| Rodericks | X | |
Approved by Council: July 9, 2024
Attest: ___________________________
City Clerk