EAST PROVIDENCE — In a scathing defense of his performance during his first few months on the job, East Providence City Manager Richard Kirby took City Council President Tommy Rose to task during a special meeting held by the body Tuesday night, Feb. 9, at City Hall.

On the docket for the meeting was an executive session to discuss the Human Rights Commission complaint filed by city side Human Resources Director Kathleen Waterbury and a review of Mr. Kirby's job performance.

The minutes to the session pertaining to Ms. Waterbury's sexual harassment and hostile work place complaint against Mr. Kirby, his predecessor as manager Paul Lemont and East Providence Fire Chief Oscar Elmasian were sealed.

However, as was his option, Mr. Kirby's review was held in a public setting.

During an approximately 10 minute soliloquy, Mr. Kirby repeatedly chastised Mr. Rose for interfering in the day-to-day operation of city government, claiming he had documentation of the Council President's overreach.

Mr. Kirby, who was roundly saluted by those in attendance, reminded Mr. Rose about the separation of powers as written in the City Charter, going so far as to recite section 2-12.

The manager quoted the document: "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."

Mr. Rose denied the allegations, but that did little to curtail Mr. Kirby.

He said Mr. Rose became disillusioned with the manager upon learning of Mr. Kirby's intention to remove Ms. Waterbury from her position upon a review of the city's department heads in December of last year or about 60 days after he took over the position from Mr. Lemont.

He continued, saying Mr. Rose only scheduled the executive session, which was originally set to take place last week but was postponed to Tuesday, to "try to intimate me."

Mr. Kirby added Mr. Rose "knew I wouldn't be intimidated" and that the latter later discovered the former "was actually going to be forthright and down the middle" in running the city.

In response to Ms. Waterbury's complaint, Mr. Kirby said "there is no truth to any of it. He continued, saying he "did nothing wrong" in his oversight of matter and that his hiring of outside legal counsel to augment the work of the City Solicitor's office on the case was "the right thing to do."

After the meeting, Mr. Kirby elaborated on he remarks, saying he "won't put up with Mr. Rose showing up at City Hall on a daily basis and trying to tell department heads what to do."

He added, "I want to move the city forward and remove the politics from the city administration. I don't think Mr. Rose understands the difference between being a member of the City Council and the duties of the city manager."

Of note as well from the meeting, for the duration of the situation involving Ms. Waterbury and the city, she will report to City Solicitor Tim Chapman, who will serve as a buffer between the HR director and Mr. Kirby. Mr. Chapman reported out a vote of 4-1 taken by the Council on the matter in the executive session.

Also from the executive session, Mr. Chapman reported the Council voted 5-0 to hire outside counsel to independently investigate the matter.