No clarification is offered for open meetings process in East Providence

EAST PROVIDENCE — The matter apparently becoming a legal football, Ward 3 councilman-elect Joe Botelho earlier this week continued his effort to seek clarification about the incoming body's ability to make appointments in the lead up to its first meeting as the city's seated authority on December 6.

Mr. Botelho said he reached out to both the city solicitor's office and that of the state's attorney general for an advisory ruling, but the request has yet to be answered with any specificity by either.

The Ward 3 councilman-elect is asking for an opinion so as not to violate state open meeting act (OMA) guidelines. Mr. Botelho's concern about the matter is derived from an opinion rendered by then-attorney general Jeffrey Pine back in 1995 in a case involving the Newport City Council. Mr. Pine found that body had violated the open meeting standards when it conducted municipal business during so-called "informal meetings" prior to being sworn into office.

In seeking the assistance of the AG's office, Mr. Botelho said East Providence City Solicitor, Tim Chapman, told him "members-elect" of the city council are not represented by his office and have no legal standing to request an opinion or interpretation on the OMA. Noting Mr. Pine's two-decade-old determination, Mr. Botelho said the incoming council has "effectively been cast into legal limbo."

In an email response provided by Mr. Botelho and dated November 21, Lisa A. Pinsonneault, Special Assistant Attorney General, also declined to offer the councilman-elect an opinion on the matter.

She wrote, "Your Open Meetings Act ('OMA') inquiry has been forwarded to me for response. Pursuant to this Department’s long-standing policy and, consistent with the Rules of Professional Responsibility, which prohibit an attorney from providing legal advice to those who are represented by legal counsel, I respectfully direct you to obtain guidance on the OMA from the Town’s Solicitor.

"As you are a member of a public body, your course of action would be to consult with the public body’s legal counsel. If your Solicitor has any questions or concerns, he should feel free to contact me as this Department does provide advice to legal counsel. Thank you for your interest in keeping government open and accountable to the public."

In a detailed response to a question about the significance of the matter, Mr. Botelho reiterated his position that most if not all governance should take place in a public forum.

"The importance relates to the lack of clarity in how elected officials, not yet sworn in, are to conduct themselves under the law," he explained. "So in our case, I believe it's important that all five members act collaboratively on appointments such as mayor, solicitors, etc., in a meaningful and deliberative manner. It's seem as if this same issue comes up every election cycle which then sets the tone between members of the council, which in some cases lasts two years."

Mr. Botelho referenced the contentious 2010 election cycle when the then-council's initial meeting was riddled with controversy over the firing of former city manager Richard Brown and over the appointment process in general, saying "the ongoing acrimony lasted the council's entire term."

Mr. Botelho continued, "I strongly believe that meaningful communication between all parties, regardless of their varying viewpoints leads to better decisions and at least an understanding of where everyone is coming from. Personally, I believe people are tired of public officials fostering fear and division in this country in an effort to advance their own agenda, instead of working to build bridges and 'reach across the aisle' so to speak, which the hole in this law fosters."

The apparent "hole" in the open meetings act, which seemingly has been taken advantage of by past councils, is the cause of Mr. Botelho's consternation.

"While some may consider this a minor issue, I feel that if are expected to act in accordance to law, and the law is broken, then it should be fixed," he added.