Minutes March 3, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 3, 2020 The Rhode Island Ethics Commission held its 4th meeting of 2020 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, March 3, 2020, 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: Marisa A. Quinn, Chair J. Douglas Bennett Arianne Corrente, Vice Chair Timothy Murphy Kyle P. Palumbo, Secretary Emili B. Vaziri The following Commissioner(s) were not present: M. Therese Antone and Robert A. Salk. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Lynne Radiches, Staff Attorney/Education Coordinator; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Steven T. Cross, Peter J. Mancini , and Gary V. Petrarca. At 9:05 a.m., the Chairopened the meeting. The first order of business was: Approval of minutes of the Open Session held on February 11, 2020. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To approve the minutes of the Open Session held on February 11, 2020. 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: Robert Dexter, a member of the Scituate Capital Committee, a municipal appointed position, who in his private capacity is employed as a regional consultant for a pavement and surface restoration company, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon his ability to bid on service and/or product contracts in the Town of Scituate. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches noted a correction to page two of the draft which should read: “employees of state and local government.” In response to Commissioner Bennett, the Petitioner explained that his private employer could at any time bid on a project for which capital needs have already been assessed by the Scituate Capital Committee (“SCC”). Commissioner Bennett expressed concern with the Petitioner’s ability to foresee a project on which his company could bid. Commissioner Murphy stated that the Petitioner is insulated by the determination that he is not subject to the Code of Ethics as set forth in the draft opinion. Commissioner Palumbo inquired regarding amending the draft to include the Petitioner’s representation that his employer will only bid on projects through an open and public process. Chair Quinn noted that the Commission cannot require that of a private employer that is not subject to the Code. Staff Attorney Radiches explained that although the draft opinion states that the Petitioner is not subject to the Code, it further employs a conflict of interest analysis. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Vaziri, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Robert Dexter, a member of the Scituate Capital Committee, a municipal appointed position, who in his private capacity is employed as a regional consultant for a pavement and surface restoration company. The next advisory opinion was that of: Joseph St. Lawrence, III, a member of the Exeter Zoning Board of Review, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on appearing before one’s own board, for purposes of seeking a dimensional variance to construct a shed at his personal residence. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Joseph St. Lawrence, III, a member of the Exeter Zoning Board of Review. The next advisory opinion was that of: Mark P. Welch, Legal Counsel to the North Providence Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from representing clients in his private law practice before the Rhode Island Superior and District Courts, and before the Rhode Island Traffic Tribunal, in criminal and traffic matters involving the North Providence Police Department. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches explained that this draft opinion had been originally noticed on the February 11, 2020 Commission meeting agenda, but the Petitioner could not be present at that time to address the Commissioners’ questions and concerns. In response to Commissioner Bennett, the Petitioner stated that he does not represent clients on the state level regarding North Providence zoning matters. In further response to Commissioner Bennett, the Petitioner informed that he would not represent a client in a matter in which said client must appear before the Town Council. In response to Commissioner Palumbo, the Petitioner stated that the North Providence Police Department comes before the Town Council regarding liquor and entertainment license violations, as well as for its budget. In further response to Commissioner Palumbo, the Petitioner represented that he advises the Town Council in his role as Legal Counsel, much like Legal Counsel DeSimone advises the Ethics Commission. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Mark P. Welch, Legal Counsel to the North Providence Town Council. The next advisory opinion was that of: Judith Branch, the Director of the Department of Human Services for the Town of Glocester, who recently became a member of the Housing Authority for the Town of Glocester, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon her in her new role as a member of the Housing Authority. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches noted edits to pages two and three of the draft to include the words “direct” and “directly” regarding a financial impact. The Petitioner addressed the Commission and informed that she is not yet familiar with all her duties as a member of the Housing Authority but confirmed that there will be no connection to her work as a Director of the Department of Human Services. In response to Commissioner Bennett, the Petitioner stated that she does not receive any remuneration for her volunteer work with the Housing Authority. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Judith Branch, the Director of the Department of Human Services for the Town of Glocester, who recently became a member of the Housing Authority for the Town of Glocester. The final advisory opinion was that of: Kenneth Amoriggi, a member of the North Providence Town Council, a municipal elected position, who in his private capacity is the President of the Marieville Neighborhood Partnership, a private non-profit organization in the Town of North Providence, requests an advisory opinion regarding: (1) whether the Code of Ethics prohibits from simultaneous service in both positions and what restrictions, if any, the Code of Ethics places upon him in carrying out his Town Council duties; and (2) whether his name may appear on any fundraising materials, newsletters or other correspondence generated by the Marieville Neighborhood Partnership. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Bennett, Staff Attorney Popova Papa stated that the Petitioner represented that the Partnership appeared before the Town Council once in order to introduce the organization. Chair Quinn noted that the Petitioner will have to recuse if the organization appears again in the future. In response to Commissioner Palumbo, Staff Attorney Popova Papa informed that the Partnership has had one fundraiser thus far, which it promoted by posting a flyer at a local business. Chair Quinn queried whether a business association would exist between the Petitioner and a local business that donates to the Partnership or allows fundraising flyers on its property, so as to require the Petitioner’s recusal Staff Attorney Popova Papa stated that said issue is beyond the scope of the question presented and addressed in the advisory opinion. Commissioner Corrente noted that the Petitioner is required to disclose his position with the Partnership on his financial disclosure statements. In response to Commissioner Murphy, Staff Attorney Popova Papa stated that the Petitioner is prohibited from using his public office to advertise or solicit for the Partnership. Commissioner Murphy expressed concern where the Town provides grant money to the Partnership and the Partnership’s newsletters feature the Petitioner’s name, and whether this could be construed as use of public funds for a political campaign. Executive Director Gramitt explained that this would be an issue for the State Board of Elections. Staff Attorney Popova Papa stated that the Petitioner represented that his name will not appear in any newsletters. Legal Counsel DeSimone noted that the advisory opinion provides general guidance in response to the general questions presented by the Petitioner, and the Petitioner is advised to seek further guidance for issues that cannot be anticipated at this time. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Vaziri, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kenneth Amoriggi, a member of the North Providence Town Council, a municipal elected position, who in his private capacity is the President of the Marieville Neighborhood Partnership, a private non-profit organization in the Town of North Providence. Executive Session. At 10:00 a.m., uponmotion made by Commissioner Corrente and duly seconded by Commissioner Murphy, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve minutes of Executive Session held on February 11, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 2. In re: Janice McClanaghan , Complaint No. 2019-15, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 3. In re: Michael Vendetti , Complaint No. 2019-16, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 4. In re: Chris Mannix , Complaint No. 2019-17, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 5. In re: Natalie McDonald , Complaint No. 2019-18, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 6. In re: Sarah Markey , Complaint No. 2019-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 7. In re: Gina M. Raimondo , Complaint No. 2019-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 8. Litigation update re: Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 9. Motion to return to Open Session. At 11:07 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: 1. Unanimously voted to approve the minutes of the Executive Session held on February 11, 2020. 2. Unanimously voted to consolidate the matters of In re: Janice McClanaghan, Complaint No. 2019-15, In re: Michael Vendetti, Complaint No. 2019-16, In re: Chris Mannix, Complaint No. 2019-17, and In re: Natalie McDonald, Complaint No. 2019-18, for hearing on a Motion to Enlarge Time for Investigation, First Extension. Unanimously voted in the matters of In re: Janice McClanaghan, Complaint No. 2019-15, In re: Michael Vendetti, Complaint No. 2019-16, In re: Chris Mannix, Complaint No. 2019-17, and In re: Natalie McDonald, Complaint No. 2019-18, to enlarge time for investigation for 60 days. 3. Unanimously voted in the matter of In re: Sarah Markey, Complaint No. 2019-9, to find that probable cause does not exist to believe that the Respondent violated the Code of Ethics and to dismiss the Complaint. 4. Unanimously voted in the matter of In re: Gina M. Raimondo, Complaint No. 2019-11, to enlarge time for investigation for 60 days. 5. Received a litigation update in Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088. The next order of business was: Motion to seal minutes of Executive Session held on March 3, 2020. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on March 3, 2020. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations There are nine complaints pending. An adjudicative hearing is scheduled for April 7, 2020, in the matters of In re: Gayle Corrigan, Complaint Nos. 2017-11 & 2018-5. b.) Advisory opinions There are eight advisory opinions pending. c.) Access to Public Records Act requests since last meeting There were five APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that the Rhode Island Department of Health is working with all state agencies to establish best health and hygiene practices to follow given the coronavirus outbreak. In response to Chair Quinn, Executive Director Gramitt stated that, pursuant to the Open Meetings Act, the Commission could not meet electronically or remotely in the event of an emergency. At 11:14 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To adjourn. Respectfully submitted, _____________________________ Kyle P. Palumbo Secretary