Minutes October 4, 2011 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 4, 2011 The Rhode Island Ethics Commission held its 14th meeting of 2011 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, October 4, 2011, pursuant to the notice published at the Commission Headquarters, the State House Library, and electronically with the Rhode Island Secretary of State. The following Commissioners were present: Ross Cheit, Chair Mark B. Heffner** Deborah M. Cerullo SSND, Vice Chair John D. Lynch, Jr. J. William W. Harsch, Secretary James V. Murray Frederick K. Butler* Also present were Edmund L. Alves, Jr., Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Staff Attorneys Jason Gramitt, Nicole B. DiLibero and Amy C. Stewart; and Commission Investigators Steven T. Cross, Peter J. Mancini and Gary V. Petrarca. At 9:01 a.m. the Chair opened the meeting. The first order of business was a motion to approve minutes of the Open Session held on September 20, 2011. Upon motion made by Commissioner Murray and duly seconded by Commissioner Lynch, it was unanimously VOTED: To approve minutes of the Open Session held on September 20, 2011. 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: Robert Howe, the former Director of Emergency Management for the City of Pawtucket, a municipal appointed position, requesting an advisory opinion regarding whether and to what extent he may provide advisory and safety consulting services to the Pawtucket School Department and to businesses located within the City. Staff Attorney DiLibero presented the Commission Staff recommendation. The Petitioner was present. *Commissioner Butler arrived at 9:05 a.m. **Commissioner Heffner arrived at 9:07 a.m. In response to Commissioner Butler, the Petitioner stated that the school department’s emergency plan would have his private business’ name on it. He said that the school department needed someone to follow through on implementing an emergency plan. Upon motion by Commissioner Butler and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Robert Howe, the former Director of Emergency Management for the City of Pawtucket The next advisory opinion was that of: Kristen Catanzaro, a North Providence Town Council member, requesting an advisory opinion regarding whether she may participate in Town Council discussions relative to hiring new firefighters from an existing list of persons who successfully completed the 2007 Firefighter Recruit Training Academy, which includes the Petitioner’s step-son. Staff Attorney DiLibero presented the Commission Staff recommendation. The Petitioner was present. The Petitioner noted that the 2011 candidates have already begun training, and she asked whether she is permitted to participate in Town Council matters that solely concern these new recruits. Chair Cheit responded that as long as matters concerning the 2011 class have no bearing on the issues surrounding the use of the 2007 list, and there is no impact on her step-son, then she may participate. In response to a question from Commissioner Harsch, the Petitioner stated that a quorum would exist on this agenda item even if she recused. Commissioner Cerullo asked the Petitioner whether, as Town Council President, she would still have control over the agenda even if she recused. The Petitioner replied that the Town Council accepts all requests to appear on the agenda. Upon motion by Commissioner Harsch and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kristen Catanzaro, a North Providence Town Council member. At approximately 9:21 a.m., upon motion made by Commissioner Cerullo 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)(2) and (4), to wit: a) Motion to approve minutes of Executive Session held on September 20, 2011, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). b) In re: Samuel C. Kinder, Complaint No. 2011-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). The Commission reconvened in Open Session at approximately 10:45 a.m., at which time Commissioner Harsch left the meeting. The next order of business was a motion to seal minutes of the Executive Session held on October 4, 2011. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Murray, it was unanimously VOTED: To seal minutes of the Executive Session held on October 4, 2011. The next order of business was a motion to approve the minutes of Executive Session held on September 20, 2011. Upon motion made by Commissioner Cerullo and duly seconded by Commissioner Lynch, it was unanimously VOTED: To approve the minutes of Executive Session held on September 20, 2011. Chair Cheit reported that the Commission took the following action in Executive Session: approved an Informal Resolution & Settlement in the matter of In re: Samuel C. Kinder, Complaint No. 2011-1, by a vote of 4 to 3. The next order of business was the Director’s Report. Executive Director Willever reported that there are fourteen complaints pending: ten non-filing complaints and four conflict of interest complaints. He stated that there are three advisory opinions pending and that two formal APRA requests were granted since the last meeting. The next matter was New Business. Chair Cheit reflected on the complaint matter in Executive Session and expressed concern that there is no one in each city or town designated to provide ethics guidance and advice. He noted that in the matter of In re: Samuel C. Kinder, the Respondent got bad advice and the town was not complying with the Code. He questioned whether the Commission can do something to address this problem in the future and also suggested that the Staff follow up with the Town of Bristol to ensure that other long-standing practices are in compliance with the Code. Commissioner Butler suggested continuing discussions with Bristol and other towns, noting that it is easy for old practices to slip under the radar. He suggested incorporating this case into future educational programs as an example. Staff Attorney Gramitt stated that the Commission’s comments were well taken. He said that the Staff will follow up with Bristol’s Town Administrator and express specific concerns. He agreed with Commissioner Butler and said that this case will be a good example for educational seminars in the future. Chair Cheit stated that it is a systematic problem that no one is legally tasked with implementing the Code of Ethics in municipalities. Staff Attorney Gramitt stated that the past few Governors have issued their first executive order on ethics, named their chief legal counsel as chief ethics officer, and required every executive agency to have a designated ethics officer. This model may work in municipalities. At 10:55 a.m. upon motion made by Commissioner Butler and duly seconded by Commissioner Lynch, it was unanimously VOTED: To adjourn. Respectfully submitted, __________________ J. William W. Harsch Secretary