COMPLAINT
Complainant is Wilbur W. Jennings,
Jr., the Democratic Ward 8 Committee Chairman who resides at
Respondent is David N. Cicilline, whose elected office is Mayor of Providence.
Complainant alleges that David N.
Cicilline, during an election in which
Cicilline was running for re-election,
did:
1. Disrupt and interfere with voting at a polling place
2. Attempt to disenfranchise the rights of an elderly minority couple
3. Misused the
4. Misused and abused the power
of his office as Mayor to challenge and attempt to
intimidate and discredit a precinct warden, inside
a polling place, on election day, during an election who was properly and
lawfully executing the duties of his position.
FACTS:
1. During the election on November
7th, at the Reservoir Fire Station polling place, an elderly couple, known
to Wilbur W. Jennings as voters who live in that ward and were eligible to
vote appeared at the polls and claimed they could not vote without assistance.
2. The disability voting machine were not working, so Jennings approached the poll warden, Ed Hooks and asked how to go about assisting the senior citizens with voting as they requested.
3. The warden agreed this was
permitted, explained the procedure and provided an affidavit to be filled
out by the couple and by
4. Mayor David N.
Cicilline was at the polling place and objected,
claiming that
5. When Warden Hooks began to
explain the procedure again for the Mayor,
Cicilline challenged him loudly to the growing
crowd. He then demanded
6. Cicilline repeated the arrest threat loudly a number of times and that he would challenge the election a second time while inside the polling place in the presence of people voting in the Local, State and Federal Election.
7.
Cicilline and
8.
9. The officer spoke first with
the Mayor, then went over to
10.
11.
12. The
13. The Republican Watcher supplied a statement under oath for the State Police and media. A copy is also posted online at the link above and attached hereto.
WHEREFORE:
Complainant requests the Rhode Island Ethics Commission make findings and
sanctions as they find just and meet and take any actions they deem appropriate.
Complainant also suggests the Commission review the following suggested conclusions and make findings of these or any part thereof, or any they might make sua sponte, imposing whatever sanctions or remedy the commission has the power to impose.
1. That the actions of Mayor David N. Cicilline
violates the Rhode Island Constitution which requires that public officials
and employees "adhere to the highest standards of ethical conduct, respect
the public trust and the rights of all persons, be open, accountable and
responsive, avoid the appearance of impropriety and not use their position
for private gain or advantage." (R.I. Const. art.
2. Mayor David N. Cicilline, a city candidate for re-election used the power of his elected office in an attempt to influence a Federal, State and local election by using the police power under his control.
3. Mayor David N. Cicilline, a city candidate for re-election used the power of his elected office in an attempt to intimidate and /or disenfranchise voters during a Federal, State and local election on election day by using the police power under his control.
4. Mayor David N. Cicilline, a city candidate for re-election both individually and using the power of his elected office attempted to disrupt and interfere with the electoral process during a Federal and State election inside the polling place on election day using the police power under his control.
5. Mayor David N. Cicilline, a city candidate for re-election used his position as a licensed member of the bar association, and the elected power of his office to challenge and attempt to discredit a precinct warden who was properly and lawfully executing the duties of his position.
6. Mayor David N. Cicilline, a city candidate for re-election used his position as an attorney, and the elected power of his office to challenge and discredit a precinct warden who was properly and lawfully executing the duties of his position.
7. That
8. That removing a poll worker without cause and without authority could influence the result in other elections.
9. That Mayor Cicilline by intimidation, preventing voting by those lawfully there to do so, and being disorderly in a poll during a federal, state and local election where he did not belong and had no authority implies an authority he does not have.
10. That the Providence Police officer, except for his duties to enforce criminal law, election law violations observed by him, or to quell a disturbance observed directly by him, had no authority to interfere, threaten, arrest, detain or disenfranchise any voter at a polling place.
Signed and Dated this 28th of December, 2006.
Wilbur W. Jennings Jr.
115 Sinclair Avenue
Tel: 401-461-3617
Cell: 401-595-9216
State of
Wherefore appeared Wilbur W. Jennings Jr. before me who states the foregoing complaint to be true and correct to the best of his knowledge and belief under penalty of perjury.
Subscribed and sworn to before me in_________________________,
the__________ day of ________________,
__________________________
Notary & Commission date.