It took a few weeks longer following its initial release to the public, but after nearly a decade of negotiation and litigation, a deal struck settling his dismal way back in 2016 between East Providence and its former City Manager Richard Kirby is now officially official.

The administration of Mayor Bob DaSilva issued a notice about the matter on Tuesday, May 21, coinciding with the City Council meeting scheduled for that same evening when the item appeared on docket.

However, a technical issue with the livestream of the forum forced the abrupt ending of the gathering without the Council getting a chance to acknowledge its acceptance of the settlement in public.

The body actually gave its formal approval to the agreement during executive session at its May 7 meeting. At the time, though, all of the I's and T's were not quite dotted and crossed, so no mention of it was made that night.

After the technical hiccups at the forum two weeks later, the next opportunity for the Council to take up the issue occurred at its ensuing regularly scheduled meeting on Tuesday, June 4, where the body did in fact make known its official support the final agreement.

Kirby will receive a total package of $750,000. East Providence will pay $400,000 while its insurer, the Rhode Island Interlocal Risk Management Trust, will pay $350,000. The city is responsible for that sum of the settlement due to the Trust not covering costs associated with “lost wages and breach of contract.” At the time of his firing, Kirby had well over a year left on his contract that paid him around $150,000 per.

The vote of then Ward 4 Councilman Tim Conley was the deciding tally in a 3-2 decision at a special session of the body Thursday night, Aug. 11, 2016 initially suspending Richard Kirby from his duties and set up his eventual removal from the manager position, the last person to hold the job on a full-time basis.

The two members who sponsored the resolution and who voted with Mr. Conley in the affirmative were Ward 3 Councilor Tommy Rose and At-Large Councilwoman Tracy Capobianco. Ward 1 and 2 representatives at the time Bobby Britto and Helder Cunha, respectively, voted against the measure.

The same members voted the same way to terminate Kirby at a special hearing held on September 21, 2016.

The City Solicitor at the time, Tim Chapman, was named as interim manager. He, too, was later relieved of his duties by the ensuing Council elected in 2018. Then East Providence Police Chief Chris Parella served as the final acting manager before the elected-mayor form of government began following the 2018 election.

In fact, the comedy of errors surrounding Kirby's dismissal, his alleged handling of the harassment case brought by the Human Resources Director at the time Kathleen Waterbury as well as Rose's alleged missteps while serving as Council president were all factors in voters at said 2016 election overwhelmingly changing the city's governance from appointed manager to elected mayor.

Kirby was fired based on the following items:
Failure to investigate allegations by a City employee of sexual harassment, retaliation and discrimination pursuant to the City’s Sexual Harassment Policy exposing the City to potential substantial liability.

• Due to the failure of performing charge #1, unnecessary costs totaling, to date, approximately $150,000.00 of City funds have been appropriated in the termination process of a City employee violating her due process rights.
• Insubordination for failure to respond to City Council members repeated telephone calls and e-mails.
• Violating City Charter by hiring outside legal counsel at City expense.
• Violating Rhode Island state law by waiving interest and/or penalties of taxpayers.
• Violating Rhode Island state law by removing taxpayers from City tax sale.
• Failure to take any action to address an alleged violation of the City’s Sexual Harassment Policy.
• Failure to abide by Hiring Resolution No. 31 by authorizing and allocating the amount of $7,319.55 to former Acting City Manager Paul Lemont in the form of “unused vacation time” when Paragraph #3 of said Resolution called for no benefits to be paid.

Represented by noted local attorney Max Wistow during the termination process, Kirby's actions were referred to as that of a "whistleblower," a public employee who has protections under the law. Wistow's defense of Kirby "was very, very simple...All of this is a retaliatory step because Richard Kirby had the temerity to file (an ethics) complaint against Mr. Rose."

Wistow, noting a pair of independent investigations approved by the council, also said the gist of the other charges against his client, that he acted improperly in removing Waterbury from her position, were also erroneous. Wistow also called Rose's actions in the matter "gross corruption" and "outright attempted fraud."

Kirby eventually filed a lawsuit in Rhode Island Superior Court in 2019 against the City of East Providence as well as Capobianco, Chapman and Rose.

Kirby alleged he was entitled to lost wages and benefits treble (three times) and punitive damages as well as attorney fees under the Rhode Island Whistleblowers’ Protection Act and the Rhode Island Ethics Code. He also sought damages for intentional and negligent infliction of emotional distress.

The settlement reads the city Rose, Capobianco and Chapman "expressly deny any violation of any of policies, procedures, the City Charter or state laws."