East Providence council, mayor continue to diverge over department head access

Each call for continued dialogue, but differ on legal advise

By Mike Rego
Posted 5/9/19

EAST PROVIDENCE — A bone of contention between the mayor and the council over access to department heads spilled over into another meeting of the latter, though it remains unresolved.

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East Providence council, mayor continue to diverge over department head access

Each call for continued dialogue, but differ on legal advise

Posted

EAST PROVIDENCE — A bone of contention between the mayor and the council over access to department heads spilled over into another meeting of the latter, though it remains unresolved.

In separate items placed on the May 7 council agenda by members Nate Cahoon and Ricardo Mourato, the body discussed for a second time its ability to communicate with the directors in Mayor Bob DaSilva’s administration.

At one of its April gatherings, the council first broached the subject, engaging then with Director of Policy Marc Furtado on the matter. At issue are two sections of the revised East Providence City Charter pertaining to Article II Section 2-9.6 “Powers” of the City Council” and Article II Section 2-10 about potential council “interference.”

As Mr. Furtado said in April, Mayor DaSilva last week stressed his administration was attempting to set “precedent” under the new form of elected mayor/council government. He noted the clear separation of powers between the executive and the legislative branches and the need to follow proper protocols.

Mr. Cahoon, of Ward 3, said in spite of conversations between the sides since the April meeting, the matter “remains an outstanding question to be resolved.”

“I think we all have an interest in resolving this issue as quickly and agreeably as we can,” he continued.

Mr. Cahoon said he remained unmoved by the opinion rendered on the issue by City Solicitor Michael Marcello, who observed access to department heads was solely in the purview of the mayor.

“I have a difference in opinion about what the solicitor had prepared. I did not read the charter the same way,” Mr. Cahoon said. “One of my concerns was what is difference between the term ‘inquire’ and ‘investigate’?”

He continued, “We don’t want people to be confused as to whom they report to. Certainly, that is the mayor. At the same time, I think we don’t want to be bereft of any information we need to make the right decisions. Ultimately, we’re making laws that the mayor and his staff need to execute. And we don’t want to be making crazy laws. And none of us have all the expertise we need with regards to running a city and to make those laws correctly.”

Mr. Cahoon suggested the sides forge a written understanding to address the situation, something that could be reviewed potentially throughout the term.

“Much like we have our own council rules, we need something short of a memorandum of agreement between the council and the mayor that indicates these are the times that we’re going to look for department heads or whatever personnel the mayor thinks is needed to answer the questions we have,” Mr. Cahoon explained.

Describing his other thought on the issue as a “twist,” Mr. Cahoon also suggested the council might need to seek advise on the law from someone besides Mr. Marcello, under the revised governmental form an appointee of Mayor DaSilva. Previously, the council appointed members of the solicitor’s office.

“For purposes of putting this document together we probably have to have legal counsel for both parties,” Mr. Cahoon said. “The solicitor advises the mayor…I don’t see any way for one attorney to represent two clients with different interests, potentially.”

Mr. Cahoon later conceded the following, “The city has never been in this position before. I think the people want us to have checks and balances, but at the same time I don’t think they want us to be constantly at each other.”

As for Mr. Mourato, he again cited the need for the council to seek the expertise of department heads as they prepare new legislation.

“It’s a big concern of mine as far as myself, as a council person, and the rest of the council on how we go about our legislative duties,” Mr. Mourato said, adding it inhibits his and his peers’ ability to “vet issues in a transparent manner.”

Both councilors said they aren’t opposed to providing department heads with a prepared set of questions prior to their appearances before the body, a course of action the administration has implemented. Mr. Mourato also observed neither he nor his counterparts were attempting to “ambush” directors.

“We’re not here to berate department heads,” Mr. Mourato said. “We’re here to work through some of these legislative issues…And right now it’s being cherry picked on which department heads are attending.”

Mr. Mourato seemed to agree with Mr. Cahoon’s suggestion of the council having its own legal representation, saying the charter should be amended to allow an assistant solicitor to become a council appointee. He said putting the measure on the ballot for voter approval should be a consideration.

“It should be fixed for this council…the next council and every other council down the road so there’s no misinterpretation of the charter,” Mr. Mourato added.

Mayor DaSilva took a bit of exception to some of the charges being made about his actions and those of his administration, claiming he has attempted to be “transparent” since taking office in January and urging the executive and legislative branches to work together “as a team.”

He said he has no problem making directors “available to help craft legislation,” that he was “not trying to stonewall anybody” and that he was “not trying to kill dialogue.” He said he the manner in which he is taking his stance is because he did not “want a council person to abuse their authority,” which he noted has “been demonstrated that is has occurred in the past” and was “embarrassing” to the city.

The mayor also took exception to questions of Mr. Marcello’s impartiality, saying, “he represents the city’s best interest” and that he “has disagreed with me many time.”

And in referring again to precedent, Mayor DaSilva noted under the previous form of appointed manager/council, councilors needed to ask permission to engage with department heads through the city manager.

On that he added, “That’s all I’m asking for…that it go through the mayor’s office.”

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