Minutes March 12, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 12, 2021 The Rhode Island Ethics Commission remotely conducted its 5th meeting of 2021 in Zoom webinar format at 9:00 a.m. on Friday, March 12, 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 J. Douglas Bennett Kyle P. Palumbo, Secretary Timothy Murphy M. Therese Antone The following Commissioners were not present: Arianne Corrente 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 9:04 a.m., the Chairopened the meeting. The first order of business was: Adjudication: In re: Gayle Corrigan, Complaint Nos. 2017-11 and 2018-5. The adjudication was stenographically recorded and a transcript of the proceeding will be available at the Commission’s Office. Commission Prosecutor Katherine D’Arezzo represented the People of the State of Rhode Island. The Respondent, Gayle Corrigan, and her attorney, Richard E. Kirby, Esq., were both present via video link. Chair Quinn explained that this was the second day of adjudication of the above-captioned Complaints. Attorney Kirby presented to the Commission a Motion for Judgment as a Matter of Law on Partial Findings pursuant to Rule 52 of the Rhode Island Superior Court Rules of Civil Procedure and agreed to defer a ruling on said Motion until the close of all the evidence. In response to Chair Quinn, Legal Counsel DeSimone explained Rule 52 to the Commission, noting that the Rules of Civil Procedure do not apply to administrative proceedings, and the instant proceedings are governed by Title 36, Chapter 14 of the Rhode Island General Laws and the Commission’s regulations. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To defer Commission action on the Respondent’s Rule 52 Motion until the close of all the evidence. Attorney Kirby called two witnesses for examination. Commission Prosecutor D’Arezzo cross-examined each witness, and the Commission questioned each witness. At the close of all the evidence, Attorney Kirby presented his closing argument and renewed his Rule 52 Motion. Commission Prosecutor D’Arezzo then presented her closing argument and objected to said Motion. In response to Chair Quinn, Executive Director Gramitt explained that the Commission will proceed into Executive Session to deliberate in private with only Legal Counsel DeSimone present. Executive Director Gramitt further explained that following their deliberations, the Commission will reconvene in this same Open Session to vote. At 11:49 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To convene in Executive Session with independent legal counsel to deliberate. At 1:04 p.m., the Commission reconvened in Open Session. Upon motion made by Commissioner Antone and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To deny the Respondent’s Rule 52 Motion for Judgment as a Matter of Law on Partial Findings as to Complaint No. 2017-11, Counts 1 and 2. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To deny the Respondent’s Rule 52 Motion for Judgment as a Matter of Law on Partial Findings as to Complaint No. 2018-5, Counts 1 and 2. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was VOTED: To find that, with respect to Complaint No. 2017-11, Count 1, the Prosecution has established by a preponderance of the evidence that the Respondent committed a knowing and willful violation of R.I. Gen. Laws § 36-14-5(a) & (d) by recommending that the East Greenwich Town Council approve the appointment of her business associate, Linda Dykeman, as the consolidated Town Finance Director and appointing her to said position. AYES: Marisa A. Quinn and M. Therese Antone. NOES: J. Douglas Bennett; Timothy Murphy; and Kyle P. Palumbo. This count was dismissed. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Bennett, it was unanimously VOTED: To find that, with respect to Complaint No. 2017-11, Count 2, the Prosecution has established by a preponderance of the evidence that the Respondent committed a knowing and willful violation of R.I. Gen. Laws § 36-14-5(a) by supervising and directing her business associate, Linda Dykeman, in her employment as the consolidated Town Finance Director. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Antone, it was VOTED: To impose a civil penalty in the amount of $3,000. AYES: Marisa A. Quinn; M. Therese Antone; and Kyle P. Palumbo. NOES: J. Douglas Bennett and Timothy Murphy. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To find that, with respect to Complaint No. 2018-5, Count 1, the Prosecution has established by a preponderance of the evidence that the Respondent committed a knowing and willful violation of R.I. Gen. Laws § 36-14-16 by failing to timely file a 2016 Financial Statement. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Antone, it was VOTED: To impose a civil penalty in the amount of $1. AYES: M. Therese Antone; J. Douglas Bennett; Timothy Murphy; and Kyle P. Palumbo. NOES: Marisa A. Quinn. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To find that, with respect to Complaint No. 2018-5, Count 2, the Prosecution has established by a preponderance of the evidence that the Respondent committed a knowing and willful violation of R.I. Gen. Laws § 36-14-16 by failing to timely disclose on her 2016 Financial Statement that her company, Management Resource Partners, Inc., did business with the Central Coventry Fire Distric Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue a civil penalty in the amount of $250. Legal Counsel DeSimone stated that the hearing was concluded, and he will draft a Decision and Order for the Commission. Executive Director Gramitt informed that the period to file an appeal to the Superior Court begins to run once the Decision and Order is issued by the Commission. At 1:13 p.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Kyle P. Palumbo Secretary [1] On March 9, 2020, former Governor Gina Raimondo declared a state of emergency due to the dangers to health and life posed by COVID-19. In furtherance thereof, the former 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 21-11 by Governor Daniel McKee, on March 3, 2021, said relief was extended through April 1, 2021.