EAST PROVIDENCE — The fact that City Manager Richard Kirby and Council President/Mayor Tommy Rose have apparently kissed and made up following a recent spat hasn't warmed the cockles of the hearts of some concerned citizens led by Scott Scienzo.

Mr. Scienzo approached the council at its Tuesday, April 19, meeting with several questions regarding allegations made previously by Mr. Kirby about Mr. Rose's conduct in office. Specifically, the city manager alleged the council president had interfered with day-to-day operations of the government, an act which is a violation of his duties per the city charter and carries with it a misdemeanor criminal charge.

Mr. Kirby broached the subject during an explosive address he made to the council back on February 9. At the time, the city manager offered up a rather scathing rebuke of the council president, claiming he had documentation of the Mr. Rose's overreach.

Mr. Kirby quoted the charter directly: "Council not to interfere in appointments or removals by city manager; council to act through city manager in dealing with subordinates...Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilman."

Last week, Mr. Scienzo asked the council the following questions: "What is the status of the alleged charges of misdemeanors? Is there an investigation going on? Is there a planned investigation?"

He continued, "I think the charter is the sacred document of the city and it has clearly been violated. And I haven't seen any progress in addressing that matter."

Ward 4 Councilman Tim Conley was the first of the group to respond, telling Mr. Scienzo he was "a little troubled by your words. I think they are allegations, not violations."

Mr. Conley then deferred to Mr. Kirby, who said, "I had an issue I addressed with Mayor Rose quite a few weeks ago. I felt that it was important to put those issues on the table. And I believe we've moved forward in a positive way. I don't believe it would be productive to pursue any formal charges. I believe the mayor understood my position. We've had a conversation about it. I think in the best interest of the city would be to move forward and not look back into any issues going on in the past."

Undeterred, Mr. Scienzo repeated his belief that Mr. Rose's actions violated the city charter and asked if no investigation was conducted would it mean that the charter was "worthless?"

Mr. Rose, who hadn't entered the conversation to that point, asked Mr. Scienzo "What violation?" The latter quickly responded, "There are a list of them." To which, Mr. Rose again asked, "What are they?"

Mr. Rose tersely followed up by reminding Mr. Scienzo, "You're under oath." Mr. Scienzo immediately interjected, "So are you."

"Well, we can start with meddling in HR (Human Resources) with jobs, calls to department heads to move crews around. Things like that," Mr. Scienzo added.

Mr. Rose then told Mr. Scienzo there was a proper place and procedure to file any charges, though it wasn't through the council.

East Providence Police Chief Chris Parella was next to speak, saying, "No charges have been filed" and "nothing has been brought to my attention." The chief also cautioned about using terms such as "criminal charges" and "misdemeanor."

He said the matter was becoming "political" and that his department would investigate any alleged malfeasance regardless of who filed the charges. He also said he would enlist the assistance of the Attorney General's office if it were warranted to maintain the integrity of any investigation.

"We will act in the best interest of the law irrespective of politics," Chief Parella added.

Mr. Scienzo said he approached both the State Ethics Commission and the State Police about the matter, but was told to hold off on pursuing the subject until city officials had addressed the situation. Upon hearing Mr. Kirby's thoughts, he said, "the residents themselves have to take it into our own hands."

"We want an investigation of the alleged violation," Mr. Scienzo added. "I think it's stupid to sweep it under the rug. It's not a smart thing to do because you're taking the charter and saying it's worthless."

Mr. Conley told Mr. Scienzo it was Mr. Kirby's decision whether he would or wouldn't file any charges against Mr. Rose, not that of the council. He said he had no "personal knowledge" of any transgressions on the part of Mr. Rose but if he did he "would bring them to the proper authorities." Those sentiments, nearly word for word, were shared by At-Large Councilor Tracy Capobianco.

Mr. Conley added, "No one on the council made any allegations."

Chief Parella later reentered the discussion, emphasizing the police department would take any allegations of wrong-doing seriously and would not be influenced by politics or outside influences.

"I want to stress we are not looking the other way because Richard Kirby did not pursue this," the chief said, adding nearly all of his predecessors in the position have witnessed how politicized such matters can get. He continued by saying, "it's a real jump to see anything criminal" occurring in these instances.

In the end, Mr. Scienzo reiterated his belief Mr. Rose had acted improperly and to not investigate the allegations would forsake the sanctity of the charter.

"Now we know we have to pursue this as residents," he said.