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Council approves amendment to Board of Assessment Review ordinance after debate over charter authority
Summary
The council adopted ordinance 4-2602, which updates the city's tax assessment board of review language. The vote followed an extended legal debate about whether the ordinance's references to alternates conflict with the city charter and whether such changes require a charter revision.
The Cranston City Council on May 18 approved ordinance 4-2602, amending the municipal code governing the tax assessment board of review. The measure drew sustained legal and procedural debate because the ordinance text references alternates in a way that, several council members and the city solicitor warned, is not expressly contained in the charter.
Solicitor Bedekian told the council the "charter does not contain the language regarding the alternates," and cautioned that the ordinance's practical effect could amount to a de facto charter revision. He said that while the alternates have long appeared in the city's code, changing their treatment by ordinance could invite future legal challenges unless the charter itself is amended.
Council members discussed options including striking the alternates language from the ordinance and pursuing a separate charter amendment. One sponsor signaled a willingness to strike the contested sentence to avoid a procedural problem, while other council members argued the ordinance as written had long reflected practice and was defensible under state law requiring bipartisan composition on boards.
After debate the council voted to approve the ordinance by roll call. Council members and the solicitor agreed that, if ambiguity remains, a formal charter revision would be the cleaner long-term approach. The ordinance as approved updates the code language governing the Board of Assessment Review; councilors said they would consider follow-up action to reconcile ordinance text and the charter definitively.
The council recorded the vote on the ordinance as affirmative by the members present.
