East Providence council, mayor coalesce around director access issue

Amended ordinance attempts to clarify the body’s inquiry of department directors

By Mike Rego
Posted 9/16/19

EAST PROVIDENCE — With two votes in quick succession at a special meeting held Thursday night, Sept. 12, the City Council began the process of ending one of the most contentious issues its faced at …

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East Providence council, mayor coalesce around director access issue

Amended ordinance attempts to clarify the body’s inquiry of department directors

Posted

EAST PROVIDENCE — With two votes in quick succession at a special meeting held Thursday night, Sept. 12, the City Council began the process of ending one of the most contentious issues its faced at the start of its current term.

The body unanimously gave its first approval to an amended ordinance in the City Charter, “Administration,” outlining its ability to access directors of city departments under the new elected mayor form of government.

Since both were seated in January, the matter has sparked an at times heated confrontation between the council, specifically Ward 4 Councilor Ricardo Mourato who co-sponsored the amended legislation along with Ward 2’s Anna Sousa, and Mayor Bob DaSilva and his administration.

Assistant City Solicitor Dylan Conley described the changes to the ordinance, saying it is intended to bring “clarity” to the process, adding it is an attempt to more definitively state the council’s “legislative right to inquire balanced vs. directing those in administrative services.”

He first reminded the council about existing charter language pertaining to improper activity by its members.

Mr. Conley noted it is “well established” legally, misbehavior by a councilor as it portends to overreach into departmental operations is considered a misdemeanor level crime. The case would begin in Municipal Court with appeals taken to State Superior Court. If found guilty, the action is punishable by a $1,000 fine. In addition, the Attorney General’s office would have prosecutorial oversight if the case warranted.

As to the specifics of the changes, Mr. Conley brokered a Memorandum of Understanding between the parties, which has apparently been accepted.

Mr. Conley explained the MOU describes the responsibilities of each side, the legislative and the executive. It creates a standard form for councilors to use when requesting access to department directors and outlines the sequence of steps the mayor’s office must take in responding.

“What we’re really trying to do is maintain the balance conceived of in the charter between the mayor and administrative services and the council’s right to inquiry,” Mr. Conley added.

Mr. Mourato did not comment during the discussion. Ward 3 Councilor Nate Cahoon offered up his appreciation to his colleague, Mr. Conley, Mayor DaSilva and his policy director Mark Furtado for their efforts in bringing the matter to a seeming resolution, adding, “I know it’s been an issue that’s been bothering us for a while.”

First passage of the amended ordinance negated the immediate necessity to hold a special election this November, which was recently planned to address the matter through the electorate.

The issue now likely headed towards a conclusion, the council last week also voted unanimously to rescind previously approved legislation initiating the special election.

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MIKE REGO

Mike Rego has worked at East Bay Newspapers since 2001, helping the company launch The Westport Shorelines. He soon after became a Sports Editor, spending the next 10-plus years in that role before taking over as editor of The East Providence Post in February of 2012. To contact Mike about The Post or to submit information, suggest story ideas or photo opportunities, etc. in East Providence, email mrego@eastbaymediagroup.com.