Minutes February 9, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION February 9, 2021 The Rhode Island Ethics Commission remotely conducted its 3rd meeting of 2021 in Zoom webinar format at 9:00 a.m. on Tuesday, February 9, 2021, pursuant to the notice published at the Commission offices, 40 Fountain Street, Providence, Rhode Island, and electronically with the Rhode Island Secretary of State.[1] The following Commissioners were present: Marisa A. Quinn, Chair M. Therese Antone Arianne Corrente, Vice Chair J. Douglas Bennett Kyle P. Palumbo, Secretary The following Commissioners were not present: Timothy Murphy and Robert A. Salk. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Lynne Radiches, Staff Attorney/Education Coordinator; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Steven T. Cross and Peter J. Mancini. At 9:04 a.m., the Chairopened the meeting. The first order of business was: Discussion of Remote Meeting Format; Identifying and Troubleshooting any Remote Meeting Issues. Executive Director Gramitt stated that the Commission has been operating pursuant to the Governor’s executive orders relating to remote meetings during the COVID-19 pandemic. He informed that copies of the agenda and draft advisory opinions for today’s meeting are available on the Commission’s website. He explained that following the adjournment of Open Session, everyone will leave the meeting and the Commission will convene in Executive Session in a separate webinar meeting, after which the Commission will return to Open Session to provide a live report on all actions taken in Executive Session. Executive Director Gramitt stated that a written report of all actions taken in Executive Session will be published and available on the Commission’s website after the meeting ends and that copies of the written report can also be requested by calling the Commission at (401) 222-3790. The next order of business was: Approval of minutes of the Open Session held on January 26, 2021. Upon motion made by Commissioner Antone and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To approve the minutes of the Open Session held on January 26, 2021. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt stated that the Commission’s office continues to operate pursuant to the temporary changes in daily office operations and procedures in effect due to the COVID-19 pandemic. He informed that the Commission will hold its first adjudication via Zoom at its next meeting on March 2, 2021. b.) Complaints and investigations pending There are four complaints pending. Executive Director Gramitt informed that two of the four pending complaints will be adjudicated at the Commission’s March 2, 2021 meeting. c.) Advisory opinions pending There are 17 advisory opinions pending, with six noticed on today’s meeting agenda. Executive Director Gramitt noted that the staff resolves many concerns over the phone obviating the need for formal advisory opinions. He further noted that time-sensitive advisory opinion requests are expedited by the staff. d.) Access to Public Records Act requests since last meeting There were six APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that two related to financial disclosure, two related to advisory opinions, and the remaining two related to complaints. e.) Financial Disclosure, update on 2019 and 2020 filing years The staff is currently involved in the transition from the 2019 to the 2020 filing year. Executive Director Gramitt also informed the Commission that Commissioner Emili B. Vaziri tendered her resignation last Friday and indicated her desire to pursue other opportunities. Executive Director Gramitt stated that he reported Emili Vaziri’s resignation to Speaker of the House Joseph Shekarchi and to the Office of the Governor. Executive Director Gramitt stated that the Governor had selected Diana DeQuattro Rothermel to fill the vacancy left when former Chair Ross Cheit resigned, but Ms. DeQuattro Rothermel, a member of the United States Army, was recently called up to serve and had to decline appointment to the Commission. Executive Director Gramitt informed that he has reported Ms. DeQuattro Rothermel’s inability to serve on the Commission to Senate Minority Leader Dennis Algiere and to the Office of the Governor. Executive Director Gramitt informed that he reached out to Lieutenant Governor Dan McKee’s Chief of Staff regarding ethics training for the incoming Governor and his staff. In response to Chair Quinn, Executive Director Gramitt stated that the Governor’s original executive order regarding remote meetings, 20-46, has been and continues to be extended to allow for virtual meetings by public bodies during the pandemic. He further stated that during this legislative session, the General Assembly may consider a bill to enact legislation authorizing remote meetings going forward. In further response to Chair Quinn, Executive Director Gramitt stated that there has been no negative feedback regarding the Commission’s virtual meeting format. He added that the Commission implemented some suggestions it had received and has become an example for other public bodies that hold virtual meetings. The next order of business was that of: 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 opinionwas that of: Vahid Ownjazayeri, the Chairman of the Board of Directors of the Rhode Island Infrastructure Bank, requests an advisory opinion regarding whether the Code of Ethics restricts his participation in various Board matters, given that his son is employed by the Rhode Island Infrastructure Bank. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission and stated that he was comfortable with the guidance set forth in the draft opinion and will seek further direction as needed. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Vahid Ownjazayeri, the Chairman of the Board of Directors of the Rhode Island Infrastructure Bank. The next advisory opinion was that of: Mary Meagher, a member of the State Housing Appeals Board, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from participating in a matter currently before the State Housing Appeals Board in which the appellant is represented by legal counsel who once provided legal services to the Petitioner. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video linkThe Petitioner addressed the Commission and expressed appreciation for the staff’s efficient and speedy response to her request. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Mary Meagher, a member of the State Housing Appeals Board. The next advisory opinion was that of: William E. McIntosh, a former member of the Richmond Planning Board, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against appearing before one’s own board within a period of one year following his official severance from said board, for purposes of appearing before the Planning Board, whether individually or through legal counsel, relative to applications involving the development of two pieces of property, both of which were purchased by the Petitioner prior to his appointment to the Planning Board. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video linkStaff Attorney Radiches informed the Commission of two revisions already made to the draft on page three, the first full paragraph, which should read: “prohibition against” and “before an agency of which.” In response to Chair Quinn, the Petitioner stated that the Solicitor advised him to request a hardship exception from the Commission. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to William E. McIntosh, a former member of the Richmond Planning Board. The next advisory opinion was that of: Cody W. Clarkin, a member of the Charlestown Town Council, requests an advisory opinion regarding: (1) whether he may serve as the Town Council’s liaison to the Parks and Recreation Commission while his father is employed by the Parks and Recreation Department as a seasonal employee and what limitations, if any, the Code of Ethics places upon the Petitioner in carrying out his public duties; and (2) whether he may participate in the Town Council’s vote on the Town’s budget, which includes funds for the Parks and Recreation Department. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner expressed appreciation to the Commission and staff. Commissioner Bennett advised the Petitioner to err on the side of caution in all matters. The Petitioner stated that when his father’s lease renewal comes before the Town Council, he intends to recuse. In response to Chair Quinn, the Petitioner stated that the lease renewal will go before the Parks and Recreation Department and then will go before the Town Council. He further stated that because a liaison is not required, his recusal will not create any issues for the Town Council. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Cody W. Clarkin, a member of the Charlestown Town Council. The next advisory opinion was that of: Peter Brent Regan, Esq., the Town Solicitor for the Town of Middletown, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participation in the Middletown Town Council discussions regarding the proposed revision of an ordinance relative to Short-Term Residential Leases, given that the Petitioner and his spouse own property regulated by said ordinance. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner expressed gratitude for the staff’s willingness to assist him. In response to Commissioner Palumbo, the Petitioner stated that he is assisted by assistant solicitors who are also associates at his law firm. He further stated that the Town also has conflict solicitors that assist if he and his associates have a conflict. Commissioner Palumbo noted a typo to the last page of the draft in the first paragraph. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Peter Brent Regan, Esq., the Town Solicitor for the Town of Middletown. The final advisory opinion was that of: John Edwards, a member of the Tiverton Budget Committee, requests an advisory opinion regarding what restrictions, if any, the Code of Ethics places upon him in carrying out his Budget Committee duties, specifically relative to the Budget Committee’s discussions and voting on the Tiverton School Department’s Budget, given that his spouse is an employee of said School Department. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had provided earlier consent to the Commission proceeding in his absence. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John Edwards, a member of the Tiverton Budget Committee. The next order of business was: Review of Exemption for Navindra Seeram, Ph.D., pursuant to the R.I. Public/Private Partnership Act, R.I. Gen. Laws § 16-59-26. Executive Director Gramitt presented a request for exemption under the Public/Private Partnership Act (“Act”) for Navindra Seeram, Ph.D. Theodore Myatt, Associate Vice President for Research Administration at the University of Rhode Island (“URI”) was present on behalf of URI. Executive Director Gramitt referred to his memorandum and explained that the Act, originally enacted in 2003, authorizes the Board of Trustees at URI to allow individual exemptions to the Code of Ethics’ prohibitions in order to attract quality staff and foster research and invention. He further explained that an exemption is required because state employees, including public university employees, are prohibited by the Code of Ethics from using their public positions to obtain a financial benefit for themselves, their employers, or their business associates. Executive Director Gramitt informed that, pursuant to the Act, URI has established written procedures, previously reviewed and approved by the Ethics Commission, for managing and reducing conflicts. Executive Director Gramitt stated that the materials provided state that Professor Seeram holds a 2% stock interest in Alluvion Brands LLC (“Alluvion”), a Rhode Island company focused on the medical and legal recreational cannabis business and she is also a paid consultant of the company. Alluvion is interested in funding research at URI aimed at evaluating the properties of cannabidiol (“CBD”) for dermatological use. Executive Director Gramitt noted that Professor Seeram will not be involved in supervising any of the research at URI. Executive Director Gramitt informed that the URI Board of Trustees recently approved Professor Navindra Seeram’s request for an exemption and has established a policy for managing any conflicts. He noted that Mr. Myatt was present to answer any questions or address any concerns. Executive Director Gramitt advised that the Commission is not required to take any action in this matter but may, if it wishes, vote to require URI to reconsider the exemption at an open meeting. He explained that the Commission’s sole authority is to require the Board of Trustees to reexamine the exemption request through a public process or the Commission can take no action. In response to Commissioner Palumbo, Mr. Myatt explained that Professor Seeram disclosed his conflict to the Board of Trustees prior to the Conflict of Interest Management Committee’s review and vote. No issues were raised by the Commission and no action was taken. The next order of business was that of: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 9:56 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on January 26, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Motion to return to Open Session. At 10:01 a.m., the Commission reconvened in Open Session. The next order of business was: Report on actions taken in Executive Session. Chair Quinn reported that the Commission took the following actions in Executive Session, which information will also be available on the Commission’s website: 1. Voted (5-0) to approve the minutes of the Executive Session held on January 26, 2021. 2. Unanimously voted (5-0) to return to Open Session. In response to Chair Quinn, Executive Director Gramitt explained that the Commission does not need to seal the Executive Session minutes because the only matter considered was approval of the January 26, 2021 Executive Session minutes. At 10:04 a.m., upon motion made by Commissioner Palumbo and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Kyle P. Palumbo Secretary [1] On March 9, 2020, Governor Gina Raimondo declared a state of emergency due to the dangers to health and life posed by COVID-19. In furtherance thereof, the Governor issued Executive Order 20-46 on June 12, 2020, which, in part, relieved public bodies from the prohibitions regarding the use of telephonic or electronic communication to conduct meetings set forth under the Rhode Island Open Meetings Act. Pursuant to the issuance of Executive Order 21-10, on February 3, 2021, said relief was extended through March 4, 2021.