Minutes October 9, 2007 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 9, 2007 The Rhode Island Ethics Commission held its 17th 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, October 9, 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 George E. Weavill, Jr., Secretary Frederick K. Butler Richard E. Kirby Also present were Kathleen Managhan, Commission Legal Counsel; Katherine D’Arezzo, Senior Staff Attorney; Staff Attorneys Jason Gramitt, Dianne L. Leyden and Esme DeVault; and Commission Investigators Steven T. Cross, Peter J. Mancini and Steven Branch. At approximately 9:45 a.m., the Chair opened the meeting. Chair Lynch apologized for the delay in starting the meeting, which was due to a quorum problem. The first order of business was a motion to approve minutes of the Open Session held on September 25, 2007. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Kirby, it was unanimously VOTED: To approve the minutes of the Open Session held on September 25, 2007. ABSTENTION: 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. Salvadore, a member of the Johnston Board of Canvassers. Staff Attorney DeVault presented the Commission Staff recommendation and stated that the petitioner advised her this morning that he has additional facts to present to the Commission. The petitioner represented that he also is a member of the Rhode Island Republican Assembly and an honorary life member of the Rhode Island Republican Party. The petitioner indicated that he has additional questions he would like addressed, including the following: whether he is prohibited from fundraising for the Republican Party; whether he may fundraise for political action committees; if there are any limits on the amounts he may donate; and whether there are any prohibitions relative to him writing opinion editorials and letters to the editor. Legal Counsel Managhan noted that the advisory opinion is limited to his original inquiry and suggested that Staff be allowed sufficient time to respond, perhaps in the context of another opinion. Staff Attorney DeVault stated that she would not be prepared to address the additional issues raised at this time. In response to Commissioner Weavill, Staff Attorney DeVault referenced the Public Forum Exception and stated that there is no prohibition against the petitioner writing opinion pieces and letters to the editor as a citizen. In response to Commissioner Weavill, Staff Attorney Gramitt stated that this opinion marks the end of the advisory opinion backlog. He advised that he had originally spoken with the petitioner, who indicated that he would hold off on seeking a formal opinion unless someone raised the issue. Staff Attorney Gramitt also noted that the long backlog was largely due to the year long absence of the attorney with primary responsibility for drafting opinions. On behalf of the Staff, he apologized to the petitioner for the delay and also informed the Commission that the Board of Canvassers has not met since the petitioner’s appointment. In response to Commissioner Weavill, the petitioner confirmed that the Board has not met since he was appointed in February 2007. In response to Commissioner Segovis’ question regarding the size of the Republican Party in Johnston, the petitioner stated that there are three members, including himself. Commissioner Segovis inquired whether the petitioner would be controlling the financial objectives of the organization, given its small size. The petitioner represented that the organization does not have any funds, he has no direct interest and his involvement is ministerial. Commissioner Segovis commented that he does not have the same concerns regarding financial objectives that he would have if it were the Smithfield Republican Party, given the facts presented. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Butler, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Michael A. Salvadore, a member of the Johnston Board of Canvassers. Chair Lynch advised that the petitioner may return to seek an opinion regarding his additional questions and clarified that he would need to submit an additional request letter. The next advisory opinion was that of Anna Cano-Morales, Chair of the Board of Trustees of the Central Falls School District. Staff Attorney Gramitt presented the Commission Staff recommendation. The petitioner was present. Staff Attorney Gramitt stated his understanding that the Commission did not intend to include a member of a third family, who marries into one’s spouse’s family, under the definitions. He noted that other jurisdictions do not extend the definition of family members as far as Rhode Island does. The petitioner stated her agreement with the draft opinion. Commissioner Kirby stated that he would find it difficult as a public official to vote on anything regarding his wife’s sister’s husband and suggested that some individuals may be very close to their in-laws. The petitioner advised that her Board is appointed because Central Falls is a state run district. She advised that the contract also goes through two other layers of review, through the Commissioners and then the Board of Regents. She suggested that her position is more like that of an intermediary. Staff Attorney Gramitt noted that the statute requires her to be a negotiator. In response to Commissioner Segovis, the petitioner indicated that she would be representing the state, along with the superintendent of schools and legal counsel. In response to Commissioner Butler, Staff Attorney Gramitt stated that the definition would be consistent throughout the regulations and indicated his belief that the term sister-in-law does not appear elsewhere in the Code. Commissioner Segovis suggested that the members discuss the issue further, noting that it is also a cross-cultural issue. Upon motion made by Commissioner Butler and duly seconded by Commissioner Segovis to adopt the Commission Staff recommendation, there was further discussion. Commissioner Weavill agreed that the issue should be discussed when more members are present. He stated that he would like the opinion to indicate the special nature of the Central Falls School Department. Commissioner Kirby suggested that it include language that the petitioner represents that her involvement is mandated by statute and there are two other layers of involvement. Commissioners Butler and Segovis amended the original motion to include such language, and it was unanimously, VOTED: To issue an advisory opinion, as amended and attached hereto, to Anna Cano-Morales, Chair of the Board of Trustees of the Central Falls School District. The next advisory opinion was that of Richard H. Aitchison, the License Administrator for the City of Providence. Staff Attorney DeVault presented the Commission Staff recommendation. The petitioner was present. In response to Commissioner Weavill, the petitioner advised that the Board meets three times weekly and also sits for violation hearings. He represented that all matters come before the Board, which issues an estimated 1,000 licenses yearly. In further response to Commissioner Weavill, the petitioner stated that he is not an attorney. Commissioner Weavill expressed concern that the proposed consulting work could come close to the practice of law. The petitioner replied that the consulting work would involve assistance in completing forms, some of which can be very complex. He stated that he would refer individuals to an attorney if a matter of legal interpretation arose. In response to Commissioner Kirby, the petitioner indicated that he attends the hearings and answers any procedural questions. He noted that the Board has its own guidelines which must be followed. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Butler, there was further discussion. Commissioner Kirby asked for clarification that the petitioner’s question relates to after his retirement and that he would not engage in such conduct beforehand. The petitioner stated that Commissioner Kirby’s understanding was correct. Upon the original motion, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Richard H. Aitchison, the License Administrator for the City of Providence. The next advisory opinion was that of Margaret L. Hogan, Esq., a member of the Town of Charlestown’s Charter Revision Advisory Committee. Commissioner Kirby recused given that that the petitioner is his first cousin. The petitioner was not present. Staff Attorney DeVault noted that the matter would need to be tabled since the recusal left the Commission without a quorum. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Segovis, it was unanimously VOTED: To table the advisory opinion until the next meeting. RECUSAL: Richard E. Kirby. The next advisory opinion was that of Elizabeth A. Crowley, MMC, the Central Falls City Clerk. Staff Attorney DeVault presented the Commission Staff recommendation. The petitioner was not present. In response to Commissioner Weavill, Staff Attorney DeVault informed that the City Council is the petitioner’s appointing authority. Commissioner Weavill noted that she would be appearing before the Board which appointed her. Staff Attorney DeVault clarified that the Clerk position is elected. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Kirby, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Elizabeth A. Crowley, MMC, the Central Falls City Clerk. The next advisory opinion was that of George M. Abbott, a Chariho Regional School Committee member. Staff Attorney Gramitt presented the Commission Staff recommendation. The petitioner was not present. Upon motion made by Commissioner Segovis and duly seconded by Commissioner Butler, there was discussion. Commissioner Weavill suggested that the opinion be tabled until the next meeting to permit wider discussion among the members. Commissioners Segovis and Butler withdrew the original motion and second. Upon motion made by Commissioner Weavill and duly seconded by Commissioner Kirby, it was unanimously VOTED: To table the advisory opinion for further discussion among the full membership. The next order of business was a discussion regarding the definitions of family members enumerated in Regulation 5004, Nepotism. Based upon the Commission’s prior action to table a related advisory opinion, Staff Attorney Gramitt suggested that the item be placed on the next agenda for discussion. The consensus of the Commission was to discuss the issue at the next meeting. Staff Attorney Gramitt noted that, as part of the education program, he receives the most questions regarding this regulation. At approximately 10:37 a.m., upon motion made by Commissioner Weavill and duly seconded by Commissioner Butler, 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 September 25, 2007. b.) Motion to return to Open Session. The Commission reconvened in Open Session at approximately 10:41 a.m. Chair Lynch reported that the Commission approved Executive Session approved minutes of the Executive Session held on September 25, 2007. The next order of business was the Director’s Report. Senior Staff Attorney D’Arezzo delivered the Report on behalf of Executive Director Willever. She advised that, as reported earlier in the meeting, significant progress has been made on the advisory opinion backlog and it is anticipated that the Director will report at the next meeting that the backlog has been eliminated and all pending requests are current. She informed that there are eight conflict complaints pending, and it appears that twelve of the sixteen non-filing complaints initiated by Staff have been settled. She stated that Chief Investigator Cross would provide a report on Operation Compliance at the next meeting and it is likely that four of the non-filing complaints will proceed to a probable cause hearing in early November. She also provided a status update on Schubert, et al. v. Willever. Special Assistant Attorney General Darryl Paquette filed a motion to dismiss pursuant to Rule 12(b) (6) on behalf of the Director, which will be heard before Judge Hurst on November 6th. The next order of business was New Business. There being none, at approximately 10:45 a.m., upon motion made by Commissioner Kirby and Commissioner Weavill, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, __________________ George E. Weavill, Jr. Secretary