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Updated: Thursday, 09 Feb 2012, 6:49 PM EST
Published : Thursday, 09 Feb 2012, 12:46 PM EST
WARWICK, R.I. (WPRI) - Warwick City Councilman Raymond Gallucci violated a city ordinance according to the City Solicitor and returned $9,675 he received as payment for his work in the taxpayer funded clean-up after Tropical Storm Irene.
A Target 12 investigation revealed the Warwick democrat was paid $160 dollars an hour by Warwick contractor C.P. Watson for operating his front end loader the week after Irene toppled hundreds of trees and power lines. Gallucci said he operated the equipment for 'approximately 60 hours'.
"I have been advised (by an attorney) that my actions do not constitute a violation," Gallucci wrote in a letter to C.P. Watson , obtained by Target 12. "I believe that elected officials should not only avoid any impropriety but also the appearance of impropriety. Please reimburse the City of Warwick for the funds that you paid me."
Warwick Code of Ordinances 16-3 reads in part, ' no elected official...shall knowingly receive...compensation for any services. . .with the city...'.
C.P. Watson told Target 12 the money was returned this morning to the City of Warwick finance department. Mayor Scott Avedisian's Chief Of Staff Mark Carruolo told Target 12 Watson and Gallucci repaid the money without any pressure from the city..
"We consider the matter closed," Carruolo said. "We believe the councilman was not aware of the ordinance."
C.P. Watson was paid about $21,000 for its part in the clean up which City spokesperson Sue Baker said cost a total of $807,158. According to Baker, FEMA reimbursed Warwick $605,368. The city is looking into what is required now that the money paid to C.P. Watson was returned to the city.
"If the money needs to go back to the federal government, we'll do it," Carruolo said. "We should know in a few days what is required."
The no-bid contracts for the clean up were awarded to16 contractors under emergency procurement provisions. City council members are forbidden to accept no-bid contracts under the state's ethics code but sub-contracts such as the one given to Gallucci fall into a gray area according to a spokesman for the Rhode Island Ethics Commission.
"No complaint has been filed (in the Gallucci case) and there's nothing pending," Ethics Commission attorney Jason Gramitt said today.
After filing a Freedom of Information request with Warwick, Target 12 learned the Warwick City Council did approve a $7,000 contract with C.P. Watson for mulch in 2007. Gallucci could not recall whether or not he voted for that contract.
“But my work (with C.P. Watson) would have nothing to do with my vote,” Gallucci told Target 12 during our initial investigation. “If I thought I violated any ethics law, I wouldn’t have done it.”
Gallucci would not comment any further on this new development, instead referring us to his letter to C.P. Watson.
In 2006, Gallucci was charged with shop lifting after he admitted taking about 35 dollars worth of seafood from an East Greenwich grocer. He apologized, citing health and family problems for 'making a mistake' and the charge was eventually dropped.
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