Minutes June 19, 2007 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 19, 2007 The Rhode Island Ethics Commission held its 12th 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, June 19, 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 James C. Segovis Barbara R. Binder, Vice Chair Frederick K. Butler George E. Weavill, Jr., Secretary Ross Cheit James V. Murray 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; Commission Investigators Steven T. Cross, Peter J. Mancini, Michael S. Douglas and Commission Administrative Staff Tracy Teixeira. At approximately 9:14 a.m., the Chair opened the meeting. The first order of business was a motion to approve minutes of the Open Session held on May 31, 2007. Upon motion made by Commissioner Binder and duly seconded by Commissioner Weavill, it was unanimously VOTED: To approve the minutes of the Open Session held on May 31, 2007. ABSTENTION: James V. Murray. The next order of business was to approve minutes of the Open Session held on June 5, 2007. Upon motion made by Commissioner Murray and duly seconded by Commissioner Binder, it was unanimously VOTED: To approve minutes of the Open Session held on June 5, 2007. ABSTENTIONS: George E. Weavill, Jr. and Frederick K. Butler. 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 Michael A. Traficante, Chairman of the Cranston School Committee. Staff Attorney Leyden presented the Commission Staff recommendation. The petitioner was present. In response to Commissioner Binder, Staff Attorney Leyden stated that the final opinion would include an answer to the third question posed by the petitioner on page three, which does not change the opinion since there is no impact on his employer. In response to Commissioner Segovis, the petitioner informed that the union provides services in partnership with the Cranston public schools. In response to Commissioner Cheit, he indicated that he previously had recused on every issue relating to the charter school. Upon motion made by Commissioner Murray and duly seconded by Commissioner Cheit, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to Michael A. Traficante, Chairman of the Cranston School Committee. The next advisory opinion was that of Grace Diaz, a state legislator serving in the Rhode Island House of Representatives. *Commissioner Butler recused himself and left the meeting. Staff Attorney Gramitt presented the Commission Staff recommendation. The petitioner was present. In response to Chair Lynch and Commissioner Weavill, the petitioner advised that the Ready to Learn program received a community service grant in 2005 and 2006. In response to Commissioner Weavill, she indicated that she does not know which part of the budget the grant comes from. Staff Attorney Gramitt noted that community service grants generally go through a specific department’s budget, in contrast to legislative grants. The petitioner informed that the Finance Committee hears testimony on all such grants. In response to Commissioner Cheit, she stated her belief that Thomas Slater was the grant’s first sponsor. She also indicated that, after initial sponsorship and approval, the grant would generally continue each year. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Binder, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Grace Diaz, a state legislator serving in the Rhode Island House of Representatives. *Commissioner Butler returned at approximately 9:32 a.m. The next advisory opinion was that of Beatrice A. Lanzi, a legislator serving in the Rhode Island Senate. Staff Attorney Gramitt presented the Commission Staff recommendation. Attorney John M. Roney was present for the petitioner. In response to Commissioner Segovis, Staff Attorney Gramitt clarified that the petitioner may participate in considering the budget as a whole, whether that discussion takes place in committee or on the House floor. However, if either body delves into separate line items that would potentially impact her employer, the petitioner would be required to recuse. Upon motion made by Commissioner Binder and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Beatrice A. Lanzi, a legislator serving in the Rhode Island Senate. The next advisory opinion was that of Miguel Luna, a member of the Providence City Council. Staff Attorney Gramitt presented the Commission Staff recommendation. The petitioner was not present. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Butler, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Miguel Luna, a member of the Providence City Council. The next advisory opinion was that of Amy-Lynn Breault Zolt, a member of the City of Pawtucket School Committee. Staff Attorney Leyden presented the Commission Staff recommendation. The petitioner was not present. Commissioner Weavill indicated that if the petitioner were present he would have questions regarding the relationship between the School Department and the Parks and Recreation Department. However, he noted that her contractual relationship as a bookkeeper is pre-existing. Upon motion made by Commissioner Cheit and duly seconded by Commissioner Weavill, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Amy-Lynn Breault Zolt, a member of the City of Pawtucket School Committee. The next order of business was a Status Update in the matters of In re: Joseph A. Montalbano, Complaint Nos. 2006-4 & 2006-11 and In re: William V. Irons, Complaint No. 2004-1. Executive Director Willever suggested that the Commission address the issue of time limits for argument. Chair Lynch stated that both parties will be allowed one-half hour to present argument and ten minutes for rebuttal. Commission Prosecutor Leyden reported that the parties met and now seek approval of their proposed briefing schedule. She informed that Commissioner Prosecutor D’Arezzo would address the Commission separately regarding the impact of the proposed Montalbano briefing schedule on the Irons matter. She advised that, by agreement, the Respondent’s brief would be due on July 6, 2007, the Prosecution would have until August 6, 2007 to respond and the Respondent would have until August 16, 2007 to reply. She stated that the parties would present argument to the Commission on August 21, 2007. Chair Lynch noted that the aforementioned time limits would apply to arguments on August 21st. *The Commission took a brief recess and, upon reconvening, a stenographer was present to record the recitation of the foregoing. Attorney Max Wistow voiced his agreement with the proposed briefing schedule. Upon motion made by Commissioner Cheit and duly seconded by Commissioner Segovis, it was unanimously VOTED: To approve the briefing scheduled proposed by the parties. Commission Prosecutor D’Arezzo advised the Commission that she and Attorney John Tarantino discussed the impact of the constitutional issues raised in Montalbano on the Irons matter. She stated that Attorney Tarantino has represented that he also will be raising the speech in debate argument. She reported that she has no objection to Attorney Tarantino’s request that the Commission stay adjudication of the Irons case pending final disposition on the issues of jury trial and speech in debate in the Montalbano case, without prejudice to either party. Attorney Tarantino addressed the Commission and stated that those representations were accurate. In response to Commissioner Weavill, he noted that he already filed a full brief on the jury trial issue and does not see what it would add to have two briefs on the same issue in two separate actions. He advised that he has read Attorney Wistow’s brief on the speech in debate issue and would join in those arguments. Attorney Tarantino suggested that the stay would allow for the orderly presentation of the issues and voiced his belief that the Commission would not decide that there is a right to a jury trial, or that the speech in debate clause applies, in one case and not the other. In response to Commissioner Cheit, he indicated that Attorney Wistow agrees with him on the jury trial issue and that he agrees with what Attorney Wistow has argued with respect to speech in debate. Attorney Tarantino represented that he does not have a problem with the issues being argued separately in the Montalbano case and noted that the stay would be without prejudice. Upon motion made by Commissioner Binder and duly seconded by Commissioner Murray, there was discussion. Commissioner Cheit clarified that the stay would be pending the Commission’s decision. Legal Counsel Managhan also noted that it would be just as to those two issues and not as to any other arguments Montalbano may raise. Attorney Tarantino clarified that he is not waiving his right to raise other issues. Upon the original motion, it was unanimously VOTED: To stay adjudication of In re: William Irons pending the Commission’s disposition on the issues of the Right to a Jury Trial and the Speech in Debate clause in the matter of In re: Joseph Montalbano, without prejudice to either party. Commissioner Weavill inquired if the Montalbano brief will include other issues Attorney Wistow may raise. Commission Prosecutor Leyden stated that she does not object to the brief addressing all the issues. At approximately 10:10 a.m., upon motion made by Commissioner Cheit and duly seconded by Commissioner Weavill, 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 June 5, 2007. b.) In re: Daniel J. McGregor, Complaint No. 2006-12 c.) In re: Frederic C. Crowley, Complaint No. 2007-2 d.) In re: Frank A. Ciccone, III Complaint No. 2007-3 e.) Motion to return to Open Session. The Commission reconvened in Open Session at approximately 11:10 a.m. Chair Lynch reported that the Commission took the following actions in Executive Session: 1) voted to approve an Informal Resolution and Settlement in the matter of In re: Daniel J. McGregor, Complaint No. 2006-12, and imposed a civil penalty of $500; 2) voted that In re: Frederic C. Crowley, Complaint No. 2007-2, alleges sufficient facts to support a knowing and willful violation and authorized a full investigation; 3) voted that In re: Frank A. Ciccone, III, Complaint No. 2007-3, alleges sufficient facts to support a knowing and willful violation and authorized a full investigation; and 4) approved minutes of the Executive Session held on June 5, 2007. The next order of business was a motion to seal the minutes of the Executive Session held on June 19, 2007. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Binder, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 19, 2007. The next order of business was a discussion regarding Legal Counsel’s Contract. Chair Lynch advised that prior to the last meeting he received a letter from Legal Counsel Managhan informing him that she would not seek renewal of her contract beyond the upcoming year. Legal Counsel Managhan stated that if the Commission renews her contract her service would end June 30, 2008. * Legal Counsel Managhan left the meeting at 11:14 a.m. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Segovis, there was discussion. Commissioner Cheit suggested that the Commission might wish to explore the possibility of a multi-year contract in the future. Commissioner Segovis noted that he would like to discuss a review process and having tighter communication between the membership and Legal Counsel. On the original motion, it was unanimously VOTED: To approve the extension of Legal Counsel’s contract through June 2008. *Legal Counsel Managhan returned to the meeting at approximately 11:16 a.m. The next order of business was the Director’s Report. Executive Director Willever reported that there are six complaints and eighteen advisory opinions pending, and the Commission received one formal APRA request since the last meeting. He stated that he has received over forty applications for the Staff Attorney I position and applicant interviews are scheduled to be held tomorrow. He informed that he and Staff Attorney Gramitt participated in an ethics panel for the RI Bar Association’s annual meeting last week. In response to Commissioner Weavill, Director Willever explained that the Staff is presenting those advisory opinions that must be acted upon, but that a backlog is unavoidable due to the vacancy and present caseload. He noted that the new hire will be handling most of the opinions. Chair Lynch commented that the annual reminder letters were mailed to those individuals who had failed to file their 2006 Financial Statements. The next order of business was New Business. There being none, at 11:25 a.m., upon motion made by Commissioner Butler and duly seconded by Commissioner Binder, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, __________________ George E. Weavill, Jr. Secretary