Minutes January 10, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 10, 2017 The Rhode Island Ethics Commission held its 1st meeting of 2017 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, January 10, 2017, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State. The following Commissioners were present: Ross Cheit, Chair J. Douglas Bennett Marisa A. Quinn, Vice Chair Mark B. Heffner Timothy Murphy John D. Lynch, Jr. Also present were Edmund L. Alves, Jr., Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Jason Gramitt, Education Coordinator/Staff Attorney; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Steven T. Cross and Gary V. Petrarca. At 9:05 a.m., the Chair opened the meeting. The first order of business was: Recognition of former Commissioner Frederick K. Butler. Chair Cheit presented a plaque to former Commissioner Butler and thanked him for his years of service on the Rhode Island Ethics Commission. The next order of business was: Approval of minutes of the Open Session held on December 6, 2016. Upon motion made by Commissioner Heffner and duly seconded by Commissioner Quinn, it was VOTED: To approve minutes of the Open Session held on December 6, 2016. AYES: Mark B. Heffner; J. Douglas Bennett; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: Timothy Murphy; John D. Lynch, Jr. The next order of business was: Advisory Opinions. The advisory opinions were based on draft advisory opinions prepared by 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: Edgar N. Ladouceur, a member of the Warwick City Council, requests an advisory opinion regarding the application of the Code of Ethics in light of his business relationship with the Central Rhode Island Chamber of Commerce. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Murphy, Staff Attorney Popova Papa explained that the Community Development Block Grant for which the Chamber of Commerce had applied for its renovation project did not require the Chamber of Commerce to appear before the City Council for approval. The Petitioner further noted that the funds for the Block Grant are not budgeted by the City Council. Staff Attorney Popova Papa stated that there are separate portions of the renovation project, and the vinyl siding and window installation portion which the Petitioner would perform is funded solely by membership donations and the Chamber’s general operation revenues and not by any funds received from the City. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Edgar N. Ladouceur, a member of the Warwick City Council. The next advisory opinion was that of: Jamia R. McDonald, the outgoing Chief Strategy Officer for the Executive Office of Health and Human Services, requests an advisory opinion regarding the application of the Code of Ethics to her impending private employment with Deloitte Consulting LLP, a state vendor. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was present with Kevin Aucoin, DCYF Chief Legal Counsel. In response to Commissioner Quinn, the Petitioner explained that she did not have a role in selecting Deloitte Consulting as a state vendor. In response to Commissioner Murphy’s question regarding confidential information that the Petitioner may have acquired in her public employment, Staff Attorney Gramitt stated that, if the Petitioner were privy to the State’s strategy regarding litigation versus Deloitte, this would be confidential information, whereas the Petitioner’s impressions on who to speak or deal with at the State would not be confidential information. The Petitioner explained that her position at Deloitte will be Manager of Strategy and Operations, and she will be stationed in Boston and working as part of the company’s national team on projects outside Rhode Island. The Petitioner further noted that she does not expect to be assigned to any Deloitte projects within Rhode Island, but will seek out further advice from the Ethics Commission if she is assigned to work on any matters in Rhode Island. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Heffner, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Jamia R. McDonald, the outgoing Chief Strategy Officer for the Executive Office of Health and Human Services. The next advisory opinion was that of: Joel D. Mathews, a former part-time Special Projects Administrator for the City of Woonsocket, requests an advisory opinion regarding whether he may accept private employment with a business that is considering locating operations within the City. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Joel D. Mathews, a former part-time Special Projects Administrator for the City of Woonsocket. The next order of business was: Director’s Report. Executive Director Willever reported that there were five (5) complaints and four (4) advisory opinions pending. He stated that four (4) APRA requests were received since the last meeting, all of which were granted within one business day. The next order of business was: Executive Session. At 9:41 a.m., upon motion made and duly seconded, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve minutes of Executive Session held on December 6, 2016, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 2. In re: Donald J. Lally, Jr., Complaint No. 2015-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Luis Aponte, Complaint No. 2016-13, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Motion to return to Open Session. At 11:15 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on January 10, 2017. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Heffner, it was unanimously VOTED: To seal minutes of the Executive Session held on January 10, 2017. The next order of business was: Report on Actions Taken in Executive Session. Chair Cheit reported that the Commission took the following actions in Executive Session: 1. Voted (4-0) to approve the minutes of the Executive Session held on December 6, 2016. [Reporter’s note – The vote was as follows: AYES: J. Douglas Bennett; Mark B. Heffner; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: Timothy Murphy; John D. Lynch, Jr.] 2. In the matter of In re: Donald J. Lally, Jr., Complaint No. 2015-7, voted (5-1) to approve the Informal Resolution & Settlement, as amended, and impose a civil penalty of $5,000.00. [AYES: Timothy Murphy; John D. Lynch, Jr.; Mark B. Heffner; Marisa A. Quinn; and J. Douglas Bennett. NOES: Ross Cheit.] 3. In the matter of In re: Luis Aponte, Complaint No. 2016-13, unanimously voted (6-0) to find that probable cause exists to believe that the Respondent violated the Code of Ethics, as alleged in the Complaint. The final order of business was: New Business. There was no new business. Chair Cheit reminded the Commissioners to block out time for an adjudication to be held at the next meeting on February 7, 2017. At 11:20 a.m., upon motion made by Commissioner Lynch and duly seconded by Commissioner Quinn, it was unanimously VOTED: To adjourn. Respectfully submitted, __________________ Robert A. Salk Secretary