Minutes January 2, 2008

MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION

January 2, 2008  

            The Rhode Island Ethics Commission held its 1st meeting of 2008 at 10:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8thFloor, Providence, Rhode Island, on Wednesday, January 2, 2008, pursuant to the notice published at the Commission Headquarters and at the State House Library. 

            The following Commissioners were present:                                   

            James Lynch, Sr., Chair                                    James V. Murray

            Barbara R. Binder, Vice Chair                          Frederick K. Butler

            George E. Weavill, Jr., Secretary                      Ross Cheit                                                       

            Richard E. Kirby

            Also present were Kathleen Managhan, Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Staff Attorney Dianne L. Leyden; and Commission Investigators Steven T. Cross, Peter J. Mancini and Steven Branch. 

            At approximately 10:02 a.m., the Chair opened the meeting.  The first order of business was a motion to approve minutes of the Open Session held on December 18, 2007.  Upon motion made by Commissioner Binder and duly seconded by Commissioner Murray, it was unanimously

            VOTED:          To approve the minutes of the Open Session held on December 18, 2007.

            At approximately 10:04 a.m., upon motion made by Commissioner Cheit and duly seconded by Commissioner Binder, it was unanimously  

            VOTED:          To go into Executive Session pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4), to wit:

a.)                Motion to approve minutes of Executive Session held on December 18, 2007.  

b.)        In re:  Frank A. Ciccone, III,

            Complaint No. 2007-3  

c.)        William V. Irons v. Rhode Island Ethics Commmission, Superior Court C.A. No. 07-6666  

d.)        Motion to return to Open Session.

              The Commission reconvened in Open Session at approximately 11:46 a.m.  The next order of business was a motion to seal minutes of the Executive Session held on January 2, 2008.  Upon motion made by Commissioner Murray and duly seconded by Commissioner Kirby, it was unanimously  

            VOTED:          To seal the minutes of the Executive Session held on January 2, 2008.  

            Chair Lynch reported that the Commission took the following actions in Executive Session: 1) approved the minutes of the Executive Session held on December 18, 2007; 2) in the matter of In re:  Frank A. Ciccone, III, Complaint No. 2007-3, found that probable cause exists with respect to Counts 1 and 2 of the Complaint and that probable cause does not exist with respect to Counts 3 through 7; and 3) received a litigation update on William V. Irons v. Rhode Island Ethics Commission.  In response to Commissioner Cheit, Chair Lynch disclosed that in the matter of In re:  Frank A. Ciccone, III, the Commission voted unanimously with respect to Counts 1, 2, 3, 4 and 5.  The Commission voted 5-2 with respect to Counts 6 and 7.           

            The next order of business was the Director’s Report.  Executive Director Willever advised that there are six complaints and eight advisory opinions pending.  He reported that the Staff is in the process of responding to one new APRA request.   

            The next order of business was New Business.  In response to Chair Lynch, Executive Director Willever stated that the Commission will receive material for the January 15th meeting regarding the discussion of potential regulatory actions.  At approximately 11:58 a.m., upon motion made by Commissioner Kirby and duly seconded by Commissioner Binder, it was unanimously  

            VOTED:          To adjourn. 

                                                                                    Respectfully submitted,

                                                                                    __________________

                                                                                    George E. Weavill, Jr.

                                                                                    Secretary