EAST PROVIDENCE — Assistant City Solicitor Robert Craven issued an opinion on the status of term lengths for elected officials in East Providence, doing so at the behest of the council …
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EAST PROVIDENCE — Assistant City Solicitor Robert Craven issued an opinion on the status of term lengths for elected officials in East Providence, doing so at the behest of the council following a discussion on the matter at its Tuesday, March 6, meeting.
Mr. Craven concludes the affirmative result of voters on the November 2012 ballot supporting a proposed change in length of terms from two to four years for both the council and school committee should have been implemented in time for the ensuing 2014 election.
What isn’t clear is Mr. Craven’s legal advise on how the city should go about conducting an election in November 2018 or if there is a need to even have one. The opinion does not directly answer questions posed at last week’s council meeting whether the council and committee elected in 2014 should be reseated or if the current 2016 council should remain in office through 2020 or if the change should take effect as of the November 2018 election.
Mr. Craven’s opinion was sent via email late in the afternoon on Wednesday, March 7, to City Clerk Kim Casci-Palangio with a subject line “Codification of 2012 East Providence Charter, Question 4.” City Councilors Anna Sousa and Brian Faria as well as current City Solicitor Greg Dias. The Post was mailed an unsigned hard copy of the opinion with a return address of City Hall, 145 Taunton Avenue, and a postmark date of Saturday, March 10.
The content of Mr. Craven’s opinion reads as follows:
"I have reviewed the language of Ballot question #4 from the East Providence Ballot question ballot which was passed by the voters in East Providence in the November 2012 general election.
“Based on that review, I have determined that the election was valid and certified by both the East Providence Board of Canvassers and the Rhode Island Secretary of State. I have also reviewed the ballot question itself and the section of the East Providence City Charter that the ballot question proposed to amend to determine the appropriate language change and placement of the amendment.
“As a result of my review, it is my legal opinion as an East Providence City Solicitor that Municipal Code Corporation, the East Providence City Code Publisher, should amend Article II. City Council, Sec. 2.1. Number, selection and term to read as follows:
“Sec. 2-1. Number, selection and term.
The council shall have five (5) members, one to be elected from any by the electors of each of the four (4) wards of the city, and one to be elected at large for a term of four (4) or until a majority of the newly elected council have qualified and have taken office.
“This amendment took effect for the 2014 election and shall therefore be applicable to every election thereafter.
“Robert E. Craven, Assistant Solicitor
“City of East Providence”
An initial attempt to reach Solicitor Craven by phone Monday afternoon, March 12, went unreturned.