Sec. 2-18. - [City council; administrative service; interactions.]

(a)

The East Providence City Charter Chapter 2, Subsection 10, expressly prevents the city council from unilaterally dealing with the administrative service of the city, except for the purpose of inquiry. Otherwise, the council is required to work with the administrative office of the city through the mayor. Therefore, the council is prevented from issuing any direct order to any member of the administrative services of the city.

(1)

Any alleged violation of this charter provision may be brought in municipal court by any party with standing.

(2)

If such a violation of The East Providence City Charter Chapter 2, Subsection 10 is proven beyond a reasonable doubt, the municipal court may impose a fine on the councilor up to $1,000.00 for each violation.

(3)

Any such decision is appealable to the Rhode Island Superior Court de nova, and subject to the authority of the Rhode Island Attorney General, including, but not limited to, nolle prosequi.

(4)

These provisions in no way limit the East Providence City Council's Subpoena Powers under Chapter 2 Section 9 of the East Providence City Charter.

(b)

The city council may make inquiries of the administrative services and may work with the administrative services of the city by and through the mayor or the mayor's delegate.

(c)

In order for the council to fulfill its duties and obligations under the charter without risk of violating the limitations set forth in Chapter 2, Section 10 of said charter, the council and the mayor shall come to a formal written agreement, which shall be voted on after a public hearing before the city council. Such formal written agreement shall establish the practical means for the council to make inquiry of administrative services and to work with administrative staff through the mayor.

(1)

This agreement shall be the basis by which the mayor shall have a member of the administrative services whose regular duties and responsibilities are relevant to the inquiry respond to said inquiry.

(2)

This agreement balances the power of the council's right to inquiry and the council's limitations for interacting directly with the administrative services.

(Ch. 747, § I, 10-29-19)