After Faria sues them, fellow East Providence councilors vote to countersue

Alleged actions of Ward 4 rep are called into question during special public hearing

By Mike Rego
Posted 6/20/18

EAST PROVIDENCE — The at times fraught relationship between Ward 4 representative Brian Faria and his some of colleagues on the East Providence City Council reached a nadir at the conclusion of a …

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After Faria sues them, fellow East Providence councilors vote to countersue

Alleged actions of Ward 4 rep are called into question during special public hearing

Posted

EAST PROVIDENCE — The at times fraught relationship between Ward 4 representative Brian Faria and some of his colleagues on the East Providence City Council reached a nadir at the conclusion of a special hearing held Wednesday night, June 20, on the former’s conduct in office.

It was announced by Attorney William Dolan, serving the council as a special counsel on the matter of Mr. Faria’s supposed behavior, that the first-term Ward 4 councilman had initiated a civil suit in Rhode Island Superior Council seeking to quash subpoenas issued by the body two weeks ago and to squelch any further inquiries into his actions.

At the recommendation of Mr. Dolan and following testimony on Mr. Faria’s decorum from East Providence Police Chief Chris Parella and Captain Michael David, currently serving as the city’s acting Human Resources director, the council unanimously voted to trigger a countersuit attempting to reacquire any city property allegedly taken by Mr. Faria and prevent him from engaging with any city employees against their will.

As part of the city’s action, Mr. Dolan will also file in Superior Court a request for a temporary injunction against Mr. Faria.

Wednesday’s hearing followed on the heels of a special session of the council held June 7 on the topic. That night, the body heard the results of an investigation into Mr. Faria’s conduct from Mr. Dolan and Attorney Melody Alger.

At the conclusion of the prior meeting, the council voted to issue subpoenas to Mr. Faria requesting he return as of that time unspecified city documents and for him to appear at the June 20 hearing. Mr. Faria did neither. He was not present Wednesday, nor did he return the documents subsequently revealed to be hundreds of copies of city law department paperwork.

During the approximately 80 minutes of testimony from Chief Parella and Captain David Wednesday, the officials ran through a litany of Mr. Faria’s alleged transgressions. From his bullying and demeaning behavior towards city employees and attempts to orchestrate their duties, interactions which are forbidden to councilors under the City Charter, and his access to law department records on the evening of April 27 into April 28 of this year. Chief Parella said Mr. Faria showed particular interest in finding out whom had made Access to Public Records Act (APRA) requests about him while spending some 10 hours alone overnight in City Hall.

Following a 45 minute executive session, Ward 3 Councilor Joe Botelho bluntly asked Mr. Dolan, “Do we have the authority to remove Mr. Faria per City Charter?”

Mr. Dolan proceeded to outline where in the charter the answer may potentially lie, citing sections 2-2. Qualifications; when office shall become vacant; 2-5. Council to be judge of qualifications of its members; review by courts; and 2-12. Council not to interfere in appointments or removals by city manager; council to act through city manager in dealing with subordinates.

Mr. Dolan concluded his initial remarks by saying there were perceived legal “limitations” and “constraints” under the charter for the council to remove a peer.

It was then that Mr. Dolan elaborated on an early discussion point, explaining in detail Mr. Faria’s suit against the council. Mr. Dolan suggested the city, based on the testimony made Wednesday, had “viable causes of action” to countersue. He said a restraining order would help the city regain its lost property (i.e. documents) and ensure Mr. Faria would not “harass” any employees. Mr. Dolan called the restraining order a “quicker, more targeted action” at the outset.

Paraphrasing the final motion made and approved by the council, it authorized Mr. Dolan as special counsel to respond to Mr. Faria’s lawsuit by “asserting any and all defenses and applicable counterclaims based on facts” presented at Wednesday’s meeting and to include any other information that may be gleaned at a later date. The motion also authorized Mr. Dolan to seek the temporary injunction to protect the “integrity of city’s data and its employees.”

The council is only supposed to meet once next month on July 24. Council President and At-Large member Jim Briden told his peers there may be a need to reconvene to discuss this matter of Mr. Faria specifically at a special session in the meantime, asking as well for Mr. Dolan to apprise the body if another meeting would be necessary. It was also announced Wednesday a court date of July 20 has been set for Mr. Faria's suit against the city.

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