Minutes April 17, 2007 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 17, 2007 The Rhode Island Ethics Commission held its 7th meeting of 2007 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8thFloor, Providence, Rhode Island, on Tuesday, April 17, 2007, pursuant to the notice published at the Commission Headquarters and at the State House Library. The following Commissioners were present: James Lynch, Sr., Chair Richard E. Kirby Barbara R. Binder, Vice Chair Ross Cheit George E. Weavill, Jr., Secretary Also present were Kathleen Managhan, Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Staff Attorneys Jason M. Gramitt and Dianne L. Leyden; and Commission Investigators Peter J. Mancini and Michael Douglas. At approximately 9:19 a.m., the Chair opened the meeting. The first order of business was to approve the minutes of the Open Session held on April 3, 2007. Commissioner Weavill noted that he and Commissioner Murray were absent from the prior meeting and abstained from approving the minutes. Upon motion made by Commissioner Binder and duly seconded by Commissioner Cheit, it was unanimously VOTED: To approve the minutes of the Open Session held on April 3, 2007. ABSTENTION: Richard E. Kirby. The next order of business was advisory opinions. The advisory opinions were based on draft advisory opinions prepared by the Commission Staff for review by the Commission and were scheduled as items on the Open Session Agenda for this date. The first advisory opinion was that of Anthony J. Silva. The petitioner was present. Staff Attorney Gramitt presented the Commission Staff recommendation. In response to Commissioner Cheit, the petitioner stated that he has been administering the grants for the past seventeen years, dating back to when he was a patrol officer. He noted that he did not seek or accept any grants this year. Commissioner Cheit expressed his concern that the petitioner’s knowledge and experience in this area is in his public capacity. The petitioner stated that all the work has been done in his private, home office and on his own time. Commissioner Weavill inquired whether any part of the grant has related to training. The petitioner replied that in the past three years training has not been involved, but it could be. In response to Commissioner Weavill, he represented that if the purchase of any equipment were involved the municipality would make the purchase, not him. The petitioner stated that he would be careful to ensure there would be no overlap with his training functions. In further response to Commissioner Weavill, he informed that he reports to a five member panel, of which Colonel McCartney is the Chair. Upon motion made by Commissioner Binder and duly seconded by Commissioner Kirby, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Anthony J. Silva, the Director of the Rhode Island Municipal Police Academy. The next advisory opinion was that of John A. Patterson, a member of the North Kingstown Town Council and a Director of the Quonset Development Corporation. Attorney James H. Reilly was present for the petitioner. Chair Lynch disclosed that, as a resident of North Kingstown, he knows the petitioner and he also serves on the Veteran’s Advisory Committee with his counsel. He stated his belief that he is able to fairly participate. Staff Attorney Gramitt advised that the same issue is presented by two Council members, each of whom will receive separate opinions. He presented the Commission Staff recommendation. In response to Commissioner Weavill, Staff Attorney Gramitt stated that he received a letter from both Council members authorizing Attorney Reilly to seek the opinion. In response to Commissioner Weavill, Attorney Reilly informed that the Council could appoint anyone to the QDC, not just Council members. Upon motion made by Commissioner Cheit and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John A. Patterson, a member of the North Kingstown Town Council and a Director of the Quonset Development Corporation. Upon motion made by Commissioner Cheit and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Steven Campo, a member of the North Kingstown Town Council and a Director of the Quonset Development Corporation. The next advisory opinion was that of Angel Taveras, Esq., a judicial candidate for the City of Providence Housing Court. The petitioner was present. Staff Attorney Leyden presented the Commission Staff recommendation. The Chair disclosed that he knows the petitioner, but there is no relationship between them. In response to Commissioner Weavill, the petitioner stated his belief that Housing Court decisions are appealed to the Supreme Court by writ of certiorari. Commissioner Weavill asked whether he would have dealings with the Providence Building Inspector in representing the hospital and private clients. The petitioner stated that his practice involves commercial and industrial buildings and the Director of the Department of Standards is head of the whole Code Enforcement Division. In response to Commissioner Weavill, he represented that his intent is to avoid the appearance of impropriety and he would recuse if there were any crossover. Commissioner Kirby noted that Commissioner Weavill’s concern is that the petitioner would be appointed to a Housing Court dealing with land use and development and town officials with whom he has dealings in his private practice could appear before the Housing Court. The petitioner stated his understanding that the Code Enforcement officers and a member of the Solicitor’s office appear before the Housing Court. In response to Commissioner Kirby, the petitioner acknowledged there could be consideration of zoning code violations as well. In response to Commissioner Cheit, the petitioner advised that Lifespan is not his only client, but it is his principal client in the city for those issues. He represented that he does not appear before the Housing Court. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Kirby, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Angel Taveras, Esq., a judicial candidate for the City of Providence Housing Court. The next advisory opinion was that of Jeremiah T. O’Grady , a member of the Lincoln Town Council. The petitioner was not present. Staff Attorney Gramitt presented the Commission Staff recommendation. In response to Commissioner Cheit’s inquiry, Staff Attorney Gramitt advised the matter is not moot because the Council’s discussion had to be continued and the issue will appear on the agenda again. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Jeremiah T. O’Grady , a member of the Lincoln Town Council. The next advisory opinion was that of Giovanni Conti, a member of the Johnston School Committee. The petitioner was not present. Staff Attorney Gramitt presented the Commission Staff recommendation. In response to Commissioner Weavill, he stated that he does not have information as to whether the Town has a disproportionate amount of business with the Providence Center, but it appears to be a statewide provider. Upon motion made by Commissioner Cheit and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Giovanni Conti, a member of the Johnston School Committee. The next advisory opinion was that of Ronald F. Manni, a member of the Smithfield Town Council. The petitioner was not present. Staff Attorney Gramitt presented the Commission Staff recommendation. Commissioner Kirby inquired whether the outcome would change if the petitioner were the owner and holder of a liquor license and an abutter. Staff Attorney Gramitt stated that the public forum exception would still clearly allow him to speak on the issue. Commissioner Kirby suggested that under those circumstances the petitioner should have to disclose his status as a competitor. Upon motion made by Commissioner Kirby and duly seconded by Commissioner Weavill, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Ronald F. Manni, a member of the Smithfield Town Council. The next advisory opinion was that of Rosemary Eva, a Tiverton Street Review Committee member and Chair of the Tiverton Planning Board. The petitioner was not present. Senior Staff Attorney D’Arezzo presented the Commission Staff recommendation. In response to Commissioner Weavill, she informed that the petitioner represented that the original structure on the property was destroyed in the 1938 hurricane and the land, which from time to time is underwater, is current undeveloped. Upon motion made by Commissioner Kirby and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Rosemary Eva, a Tiverton Street Review Committee member and Chair of the Tiverton Planning Board. At approximately 10:07 a.m., upon motion made by Commissioner Weavill 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)(4), to wit: a.) Motion to approve minutes of Executive Session held on April 3, 2007. b.) Motion to amend minutes of Executive Session held on March 6, 2007. c.) Motion to return to Open Session. The Commission reconvened in Open Session at approximately 10:14 a.m. and briefly recessed until 10:18 a.m. The Chair reported that the Commission took the following actions in Executive Session: 1) approved minutes of the Executive Session held on April 3, 2007; and 2) amended minutes of the Executive Session held on March 6, 2007. The next order of business was the Director’s Report. Senior Staff Attorney D’Arezzo reported that Executive Director Willever is away from the office this week but asked her to report on financial disclosure. She advised that approximately 4,000 Financial Statements for calendar year 2006 were mailed during the last week in March and will be due back to the Commission by Friday, April 27th. She informed that Director Willever sent correspondence to the general officers advising them of the new requirement that they report sources and amounts of income within enumerated ranges. The next order of business was New Business. Commissioner Cheit stated that he received correspondence from Judith Reilly which raised a public records question and a personnel question. He asked the Chair to place this on the agenda for the next meeting. Chair Lynch noted that he has been corresponding with Ms. Reilly and through the Director and Legal Counsel. Chair Lynch stated he will consult with the Director on the issue. At approximately 10:22 a.m., upon motion made by Commissioner Kirby and duly seconded by Commission Binder, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, __________________ George E. Weavill, Jr. Secretary