Majority on Split Council Appoint Bruce Rogers as Mayor

On Election Night, the five new members of East Providence's incoming City Council posed for photographs together, proud of their unified and decisive victory over the incumbents.

Just shy of a month later, the council's first meeting resulted in a bitter split over whether to appoint Rogers mayor and two new councilmen walking out, claiming the council was taking illegal action.

The excitement began shortly after a retired judge administered the oath of office to the new council members and City Clerk Kim Casci announced they were accepting nominations for mayor.

Councilman Thomas Rose (Ward 3) nominated Rogers, who served two previous terms as mayor. Councilwoman Katie Kleyla (Ward 1) seconded the motion.

But before the council voted, Councilman William Conley Jr., who defeated former Mayor Joseph Larisa for the city's at large seat, asked to speak.

Without directly confirming whether he had sought his fellow council members' support for his own appointment as mayor, Conley said that before the meeting, he had sought to meet one on one with other council members about selecting a leadership team that he said would be a break from what he described as the "discredited politics" of the city.

"Unfortunately, only Michael DiGioia took me up on my offer," Conley said. He added that there were three reasons why he would not support Rogers for mayor.

First, he cited what he said was Rogers' position on open government. He referenced a Providence Journal article from the 1980s that quoted Rogers as saying: "I'm the wrong person to ask. I don't believe in the Open Meetings Law."

He also recalled how the Attorney General's office filed suit against then-mayor Rogers for violating the Open Meetings Law by holding an unannounced, closed-door meeting on Columbus Day. The city was told not to violate the law again, but Conley argued that Rogers was trying to do it again during the new council's first meeting.

Conley's second reason for opposing Rogers' appointment was his opposition to what he described as "orchestration." He referred to a July article in the East Providence Post that quoted Rogers as saying that he and then-Councilman Brian Coogan had "orchestrated between the two of us" so that Coogan would not run for re-election and Rogers would for the Ward 2 seat. Rogers ultimately ran unopposed for the seat.

Conley, a former City Solicitor, argued that Rogers' "orchestration" of his candidacy would be indicative of his leadership style.

But Conley said the third and most important reason he opposed Rogers' appointment as mayor was that "Mr. Rogers has a documented history of disrespect for the law."

He said that he learned earlier this week that Rogers had three warrants pending in Massachusetts related to "multiple bad check charges." Conley said for those reasons, he could not in good faith support Rogers' appointment as mayor. The charges date back to 1994.

DiGioia, who is also an attorney, said that he found the information Conley presented "very troubling" and that he did not believe that the nomination would help the city go forward in a positive direction.

(After the meeting, Rogers looked at court documents and in consultation with Assistant City Solicitor Robert Craven said he is facing a summons, not warrants. He said he recognized copies of the five checks that resulted in two complaints against him, but said he had never been served the summons and had not been aware of the pending charges. He said he planned to go to the courthouse and make restitution for the amount tomorrow. The checks, all made out to Sam's Club in February 1994, totaled just over $600).

The council then voted three to two to appoint Rogers mayor, with Rose and Kleyla supporting Rogers.

Rogers then began his speech by saying there would be no more bickering, no more name-calling or behind-the-scenes maneuvering.

He criticized media reports that indicated that people were pulling the strings behind the people who were recently elected. News outlets have reported that their campaigns were financed in part by unions.

"The only strings that are attached to us lead us back to the people of East Providence and no one else," Rogers said.

He said there would be open communication between the council, school committee and state legislators. Rogers also said the new council must be fiscally conservative, take a serious look at the consolidation of services and welcome businesses and waterfront development.

He also proposed regular coffee hours with council members, the city manager and city employees to find out what problems exist.

He described the new team as "the Barack Obamas and Nancy Pelosis" and said they would work to instill Townie Pride in people who come to the city to live, work and play.

Rogers ended by recalling his parents, a father who worked many years as a police detective and a mother who worked for minimum wage.

"As long as I sit on this City Council…those are the kinds of people that will never be left behind," Rogers said.

Then the council moved on to the position of assistant mayor. Kleyla nominated Rose (Ward 3). The other members came together in a unanimous vote to appoint him.

Rogers' first official action was to then bring up a resolution to remove City Manager Richard Brown for job performance. He did not elaborate on the reason.

Conley immediately objected, saying he and the public had had no notice that Rogers planned to introduce that resolution and that it violated the State Open Meetings law.

"Please do not make your first official action a violation…and an illegal act," Conley said. He added that if the public had proper notice, the council could take the action legally.

DiGioia (Ward 4) said he had also done legal research and believed it was a violation.

Rogers asked Casci and Craven about it. They said they had consulted the Attorney General's office over what language is required as public notice for appointments and that they were in the clear.

Ultimately, Rogers went with Craven's advice to defer until the next meeting the resolution to remove Brown, and actions to appoint an interim city manager and search committee for a new city manager.

Then Rogers said he would accept nominations for City Clerk. Conley objected again, saying that the new council had not given the public notice of the positions for which they planned to appoint people and that going ahead would violate the open meetings law.

Rogers said appointments had been done this way "since day one." But both Conley and DiGioia said they were declining to participate in nominations they believed were in direct violation of the Open Meetings Law.

Rose nominated Casci as City Clerk. Kleyla seconded it. And Conley and DiGioia walked out. The motion passed, three to none.

Asked why he walked out of the meeting, DiGioia, who like Conley was elected to office for the first time, said: "It's my first day on the job. I want to do what's legal and right and what's in the best interest of the citizens of East Providence."

Back inside the meeting, Rogers, Rose and Kleyla went on to approve several appointments, including posts for harbormaster and municipal court bailiff. Kleyla was also voted in as liaison to the school committee.

Official action by the new school committee was far less dramatic, as all five members agreed on every vote.

Charles Tsonos, who won in Ward 1, was appointed school committee chairman. Luisa Abatecola, the only returning school committee member, was appointed vice chair. Steve Furtado was appointed as clerk, and Ryan Tellier was voted in as liaison to the City Council. Christine Rossi was also sworn in.

Tellier said after the meeting that "we don't anticipate much head-butting."