Minutes June 24, 2008 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 24, 2008 The Rhode Island Ethics Commission held its 13th meeting of 2008 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 24, 2008, pursuant to the notice published at the Commission Headquarters and at the State House Library. The following Commissioners were present: Barbara R. Binder, Chair Richard E. Kirby* Ross Cheit, Vice Chair James V. Murray J. William W. Harsch, Secretary Deborah M. Cerullo SSND Also present were Kathleen Managhan, Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Staff Attorney Jason Gramitt; and Commission Investigator Peter J. Mancini. At approximately 9:06 a.m., the Chair opened the meeting. The first order of business was to extend time to approve minutes of the Open Session held on June 17, 2008. Upon motion made by Commissioner Murray and duly seconded by Commissioner Cheit, it was unanimously VOTED: To extend time to approve minutes of the Open Session held on June 17, 2008. The next order of business was a motion to go into Executive Session. Chair Binder advised that the Legal Counsel applicants have been notified in advance in writing and advised that they may require that the interviews and discussions be held at an open meeting. At approximately 9:07 a.m., upon motion made by Commissioner Cerullo and duly seconded by Commissioner Harsch, it was unanimously VOTED: To go into Executive Session pursuant to R.I. Gen. Laws § 42-46-5(a)(1), to wit: a.) Motion to extend time to approve minutes of Executive Session held on June 17, 2008. b.) Legal Counsel Applicant Interviews. c.) Discussion re: Legal Counsel Applicant Interviews. d.) Motion to return to Open Session. The Commission reconvened in Open Session at 11:13 a.m., with Commissioner Kirby present.* Chair Binder reported that the Commission approved the minutes of the Executive Session held on June 3, 2008 and conducted Legal Counsel applicant interviews with discussion thereon. The next order of business was a motion to seal minutes of the Executive Session held on June 24, 2008. Upon motion made by Commissioner Kirby and duly seconded by Commissioner Cheit, it was unanimously VOTED: To seal minutes of the Executive Session held on June 24, 2008. The next order of business was Discussion & Decision re: Search for Legal Counsel. Upon motion made by Commissioner Murray and duly seconded by Commissioner Harsch, it was unanimously VOTED: To hire William J. Conley, Jr., Esq. as the Commission’s Legal Counsel. Commissioner Kirby expressed that the Commission was impressed with all of the applicants. He made a motion to hire Matthew T. Oliverio, Esq. & Samuel D. Zurier, Esq. as independent counsel, to be negotiated by the Vice Chair and Executive Director, in the event that Attorney Conley has a conflict. Commissioner Murray questioned whether it would be procedurally appropriate to vote on that motion at this time or whether such a vote would even be required. In response to Commissioner Cheit, Senior Staff Attorney D’Arezzo informed that the Commission did not separately vote to retain Attorney Conley as independent counsel when Legal Counsel Managhan had a conflict or was unavailable in the past. Upon further discussion, Chair Binder directed the Vice Chair and Executive Director to handle the retention of Attorneys Oliverio and Zurier as independent counsel in the event that Attorney Conley has a conflict. The next order of business was New Business. There being none, at 11:20 a.m., upon motion made by Commissioner Kirby and duly seconded by Commissioner Cheit, it was unanimously VOTED: To adjourn. Respectfully submitted, __________________ J. William W. Harsch Secretary