Minutes 1-9-24 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 9, 2024 The Rhode Island Ethics Commission held its 1st meeting of 2024 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, January 9, 2024, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State. The following Commissioners were present: Marisa A. Quinn, Chair Emma L. Peterson Lauren E. Jones, Vice Chair Hugo L. Ricci, Jr. Holly J. Susi, Secretary Matthew D. Strauss Frank J. Cenerini Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Lynne M. Radiches, Staff Attorney/Education Coordinator; Staff Attorney Teresa Giusti; and Commission Investigators Peter J. Mancini, Gary V. Petrarca, and Kevin Santurri. At 9:05 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on December 12, 2023. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To approve the minutes of the Open Session held on December 12, 2023. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed that the Open Session portion of today’s meeting is being livestreamed, after which the livestream will be closed while the Commission convenes in Executive Session. At the conclusion of Executive Session, the Commission will resume livestreaming in Open Session. a.) Complaints and investigations pending There are 10 complaints pending, three of which have been noticed for hearings in today’s Executive Session. b.) Advisory opinions pending There are four advisory opinions pending, one of which has been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were five APRA requests received since the last meeting, all of which were granted within one business day. Four requests related to complaints, and one related to financial disclosure. d.) Financial Disclosure Online filing for the 2023 financial disclosure statements became available on January 2, 2024, and the deadline for filing is April 26, 2024. Executive Director Gramitt informed that paper statements and instructions will be mailed to all required filers in March. e.) General office administration Executive Director Gramitt informed that he will be sending electronic invitations for the Commission’s 2024 scheduled meetings to those Commissioners who wish to receive them. Chair Quinn and Commissioners Peterson and Strauss requested the electronic invitations. The next order of business was: Advisory Opinions. The advisory opinion was based on a draft advisory opinion prepared by Commission Staff for review by the Commission and was scheduled as an item on the Open Session Agenda for this date. The advisory opinion was that of: Paul M. Rodrigues, a member of the Middletown Town Council, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in Town Council discussions and decision-making regarding the proposed revision of an ordinance relating to short-term rental properties in Middletown, given the close proximity between the Petitioner’s property and three short-term rental properties. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, Staff Attorney Radiches explained that all draft advisory opinions are based on a given petitioner’s representations which, if turn out to be inaccurate or untrue, will render the opinion and its guidance therein inapplicable to that petitioner. She further explained that she had no reason to doubt the facts as represented by the Petitioner. The Petitioner addressed the Commission and stated that he sought this opinion after receiving many emails regarding whether he should recuse from discussions regarding the proposed ordinance revision. He explained how property evaluations are conducted in Middletown. In response to Chair Quinn, the Petitioner informed that abutters in the town receive notice for matters involving planning/zoning use changes and liquor license applications. He expressed his concern with the proposed ordinance change and how it would affect the quality of life in his neighborhood. In response to Commissioner Jones, the Petitioner represented that the proposed ordinance revision would affect all property owners the same. Upon motion made by Commissioner Jones and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To issue an advisory opinion to Paul M. Rodrigues, a member of the Middletown Town Council. The next order of business was: Review and discussion of Fine Schedule for financial disclosure complaints. Executive Director Gramitt explained that in response to the Commission’s request at its last meeting, the staff has provided a copy of the existing fine schedule that applies to staff-initiated non-filing complaints and not to complaints initiated by members of the public. He informed that the Commission voted to establish the current fine schedule in 2015. Executive Director Gramitt stated that the schedule provides that if a non-filer agrees to file their delinquent financial disclosure statement, sign a consent to a violation form, and pay a $100 civil penalty, the case may be settled without the need to appear before the Commission. He further stated that this schedule has been effective in resolving such cases more quickly and efficiently. Executive Director Gramitt explained that if the Commission wishes to change the fine schedule, such proposed action would require notice on the agenda for a future meeting. Discussion ensued regarding a non-filer’s ability to pay and the staff’s discretion to consider unique circumstances in such cases. Commissioner Cenerini expressed concern with the fine schedule being applied too rigidly. Commissioner Jones stated that the staff’s discretion with respect to imposing a fine is broad and does not apply only to a non-filer’s ability to pay. Executive Director Gramitt explained the process that is involved in filing and informally resolving non-filing complaints, including the investigators’ role in contacting those who have not filed and the efforts that the investigators make to work with these persons. He also explained that the investigators go to great lengths to meet and accommodate respondents in order to help them comply. Executive Director Gramitt stated that the “unique circumstances” clause in the fine schedule is broadly worded to allow the staff discretion to consider numerous factors in resolving these cases. Commissioner Cenerini stated that this information was helpful to his understanding of how the fine schedule is applied. In response to Chair Quinn, Executive Director Gramitt informed that there is no fine schedule for resolving substantive cases, and the Commission has broad discretion to consider each case on its own facts. In response to Commissioner Jones, Executive Director Gramitt stated that copies of the fine schedule are included in the complaint packets that are sent to persons against whom complaints are filed. At 9:36 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on December 12, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: K. Joseph Shekarchi, Complaint No. 2023-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Frank Brown, Jr., Complaint No. 2023-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Denise Brown, Complaint No. 2023-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) Motion to return to Open Session. Executive Director Gramitt reminded all in attendance that the Open Session portion of the livestream meeting will close for Executive Session and will be reactivated for Open Session after Executive Session concludes. At 10:35 a.m., the Commission reconvened in Open Session. The livestream of the meeting resumed. The next order of business was: Motion to seal minutes of Executive Session held on January 9, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on January 9, 2024. The next order of business was: Report on actions taken in Executive Session. Chair Quinn reported that the Commission took the following actions in Executive Session: Voted (7-0) to approve the minutes of the Executive Session held on December 12, 2023. Unanimously voted (5-0) in the matter of In re: K. Joseph Shekarchi, Complaint No. 2023-3, to find that there does not exist probable cause to believe that the Respondent, a member of the Rhode Island House of Representatives, violated Rhode Island General Laws § 36-14-5(a) and 5(d) by supporting and voting on legislation 2017-H6172A in June 2017, that, if enacted, would have prevented municipalities from prohibiting farms of 15 acres or more from hosting weddings as a form of enterprise. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. RECUSALS: Lauren E. Jones and Hugo L. Ricci, Jr.] Copies of the Investigative Report will be available at the conclusion of the meeting. The Commission will prepare and issue a written Decision & Order explaining the basis of its vote. Unanimously voted (7-0) to approve a proposed Informal Resolution and Settlement in the matter of In re: Frank Brown, Jr., Complaint No. 2023-4, by which the Ethics Commission imposed a civil penalty of $2,500 for a violation of the Code of Ethics. Copies of the Informal Resolution & Settlement will be available at the conclusion of the meeting. Unanimously voted (7-0) in the matter of In re: Denise Brown, Complaint No. 2023-5, to find that there does not exist probable cause to believe that the Respondent, a member of the Board of Directors of the Hopkins Hill Fire District, violated the Code of Ethics and the Financial Disclosure mandate. Copies of the Investigative Report will be available at the conclusion of the meeting. The Commission will prepare and issue a written Decision & Order explaining the basis of its vote. Unanimously voted (7-0) to return to Open Session. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There were none. At 10:39 a.m., upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary