City Council, October 13, 1992.
A Special Session of the City Council is held Tuesday, October 13, 1992, at six o’clock p.m. in the City Council Chamber. All the members are present except Councilors Doyle and Kinder; President Barry presides.
DISCUSSION OF THE TERMS OF RETIREMENT OF THE POLICE CHIEF OF THE CITY OF PAWTUCKET, AS FOLLOWS:
Councilor Vieira states that Chief King retired under a special Early Retirement Program, however a number of other officers retired under that Program. He believes the Agreement leaves the City open to law suits and he questions the savings from offering this Program to Chief Tomlinson.
Councilor Rabbitt states that he believes this Agreement to be in violation of the City Charter and that the Council must protect the Charter. He states that there were early special agreements made in the Kinch and Sarault Administrations which lead to the change in the Charter providing for Council approval of Collective Bargaining Agreements. He believes this Agreement falls under that Section.
Councilor Clement agrees with both Councilors Rabbitt and Vieira. She does not believe the Ethics Rule applies because it refers to a different issue.
Councilor Calista states that he sees three potential legal challenges to the Agreement. One, by the F.O.P.; second, by prospective retirees; and third, regarding the Charter.
Councilor Moran questions if this Plan has been around for a while because of a letter dated July 7, 1992, from Jack Gannon which was part of the package given to the Council by Ray Houle. He questions the rush to appoint Commander DeLyon when in a newspaper article the Commander states that he won’t be implementing all the provisions of the Police Department Study, which is supposedly one of the reasons for putting a new chief on now.
Council President Barry says that this is a violation of the Charter and action is needed now.
Also speaking is Paul King, President of the F.O.P. Lodge No. 4, in Pawtucket.
Officer King states that the Chief is a member of the Bargaining Unit and the F.O.P intends to move forward to ensure that all retiring officers get the same package.
Upon Motion made by Councilor Vieira, seconded by Councilor Clement the Two Pages of the F.O.P. Collective Bargaining Agreement are READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Council will obtain an outside, legal opinion on the legality of the Agreement. Specifically, is it in violation of the Charter, would it apply to all F.O.P. Members, and on what basis can it be rescinded.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a Communication to the Governor and to the Pawtucket Delegation to the General Assembly opposing binding arbitration legislation for the City of Warwick.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a Communication to the Mayor requesting that he provide a copy of the Agreement to the Council, post haste, as this is a matter of public record.
Upon Motion made by Councilor Vieira, seconded by Councilor Moran, the meeting is adjourned at six forty-seven o’clock p.m.