Briden Can Appoint AFO if Budget Board Puts Official in Place in E.P.

Mayor James Briden has the legal right to select an administrative and finance officer for East Providence, according to a legal opinion issued by the city solicitor. 

That right has been challenged by Chrissy Rossi, another member of the City Council, who questioned Briden's status as chief elected officer. Briden actually asked for Chapman’s opinion before her challenge.

"My interest was in complying with the Rhode Island General Law," Briden said.

City Solicitor Timothy Chapman states in his opinion: 

“The Mayor is the elected CEO in the City of East Providence” under Rhode Island law, which created the East Providence Budget Commission. As the elected CEO, Briden would appoint the AFO if and when the state Revenue Department decides to put the official in place. 

Chapman’s opinion basically says that state statutes always trump the authority of a city charter because a municipality is considered a “creature of the state.” As such, “its conflicting or overreaching legislative enactments are subordinate to those promulgated by a branch of state government.”

Whether the state decides to place an AFO, with somewhat similar duties to a city manager, in East Providence remains to be seen. But if the revenue department takes that step, Briden would select from among three candidates selected by State Revenue Director Rosemary Booth Gallogly. 

In the meantime, Gallogly has asked new Budget Commission member Christy Healy, a deputy revenue director, to keep on eye on the city’s finances. Healy was a Budget Commission staff member until named to replace Michael O’Keefe on the budget board.

You can read Chapman’s complete legal opinion above.