Minutes March 26, 2019 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 26, 2019 The Rhode Island Ethics Commission held its 4th meeting of 2019 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 26, 2019, 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, Vice Chair J. Douglas Bennett* Arianne Corrente, Secretary John D. Lynch, Jr. M. Therese Antone Robert A. Salk The following Commissioner(s) were not present: Ross Cheit and Timothy Murphy. 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 Attorney Teodora Popova Papa; and Commission Investigators Steven T. Cross and Gary V. Petrarca. At 9:15 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on February 26, 2019. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Antone, it was VOTED: To approve the minutes of the Open Session held on February 26, 2019. AYES: M. Therese Antone; Robert A. Salk; Arianne Corrente; and Marisa A. Quinn. ABSTENTION: John D. Lynch, Jr. *Commissioner Bennett arrived at 9:16 a.m. 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: The Honorable Frank A. Ciccone, III, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from serving as the Chairperson of the Senate Committee on Labor, given that he presently works as a consultant for the Rhode Island Judicial, Professional and Technical Employees’ Local Union 808, and was previously employed as a Field Representative for the Rhode Island Laborers’ District Council and as Business Manager for Local Union 808. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present with his counsel, Joanna M. Achille, Esq. Staff Attorney Radiches stated that on page 3 of the draft opinion, the word “likelihood” should be replaced with “possibility.” Upon motion made by Commissioner Lynch and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to The Honorable Frank A. Ciccone, III, a legislator serving as a member of the Rhode Island Senate. The next advisory opinion was that of: Sherri L. Desjardins, Deputy Zoning Official and E9 11 Coordinator for the Town of Hopkinton, requests an advisory opinion regarding whether the Code of Ethics prohibits her spouse from petitioning the Hopkinton Town Council for an amendment to the Zoning Ordinance District Use Regulations that would allow the Petitioner to open and operate an art studio and gallery on her spouse’s property. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Vice Chair Quinn, Staff Attorney Radiches stated that there has been no representation made that something would need to be presented to the Zoning Board at any point. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Sherri L. Desjardins, Deputy Zoning Official and E911 Coordinator for the Town of Hopkinton. The next advisory opinion was that of: Kyle Adams, a member of the Warwick School Committee, requests an advisory opinion regarding whether the Code of Ethics restricts his participation in various School Committee matters, given that his mother is a teacher in the Warwick School Department, a member of the Warwick Teachers’ Union, and the Recording Secretary of the Union’s Executive Board of Directors. Staff Attorney Popova Papa presented the Commission Staff recommendation and advised that the Petitioner was unable to attend. Commissioner Bennett cautioned that the opinion provides broad based guidance and the Petitioner needs to be careful. Staff Attorney Popova Papa stated that she has advised the Petitioner that he would need to seek further guidance as specific issues arise. In response to Vice Chair Quinn, Staff Attorney Popova Papa stated her belief that the draft opinion provides the Petitioner with an overall sense of caution and noted that she can follow up with the Petitioner. In response to Commissioner Salk, Vice Chair Quinn stated that the Commission can encourage, but not require, that the Petitioner seek further advice. Commissioner Antone suggested that the Petitioner be “advised” to seek further guidance. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kyle Adams, a member of the Warwick School Committee. The next advisory opinion was that of: Donald Fox, a member of the Burrillville Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from lobbying on behalf of the Rhode Island Firearm Owners’ League. Staff Attorney Popova Papa presented the Commission Staff recommendation and advised that the Petitioner was unable to attend. In response to Commissioner Corrente, Staff Attorney Popova Papa stated that she was not certain what, if any, compensation the Council received. Commissioner Corrente recalled that the Chief of Staff to the Mayor of Central Falls previously received an advisory opinion regarding his ability to accept outside private employment. Legal Counsel DeSimone noted that Chief of Staff is a full-time position whereas the Petitioner’s position on the Council is part-time. Executive Director Gramitt noted that the last paragraph states that the Petitioner represents that he will not utilize public time or resources. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Donald Fox, a member of the Burrillville Town Council. The next advisory opinion was that of: Arthur Corsini, a member of the North Providence School Committee, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating, as the Chairperson of the Teacher Negotiations Subcommittee, in the collective bargaining negotiations between the North Providence School Committee and the North Providence Teachers’ Association, given that he is a retired member of the North Providence School Department who receives continuing health care benefits from the School Department. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Commissioner Bennett expressed that the last provision is very important because an unanticipated issue could arise, such as someone discussing COLAs. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Arthur Corsini, a member of the North Providence School Committee. Executive Session. At 9:40 a.m., uponmotion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve minutes of Executive Session held on February 26, 2019, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 2. In re: Richard J. Fagnant, Complaint No. 2019-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 3. In re: James C. Cournoyer, Complaint No. 2018-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 4. In re: Linda Carter, Complaint Nos. 2018-8 & 2018-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 5. Motion to return to Open Session. At 11:01 a.m., the Commission reconvened in Open Session. The next order of business was: Report on actions taken in Executive Session. Vice Chair Chair Quinn reported that the Commission took the following actions in Executive Session: 1. Voted (5-0) to approve the minutes of the Executive Session held on February 26, 2019. [Reporter’s Note: The vote was as follows: AYES: M. Therese Antone; Robert A. Salk; J. Douglas Bennett; Arianne Corrente; and Marisa A. Quinn. ABSTENTION: John D. Lynch, Jr.] 2. Unanimously voted (6-0) in the matter of In re: Linda Carter, Complaint Nos. 2018-8 & 2018-11, to approve an Informal Resolution and Settlement and impose a civil penalty of $500. 3. Unanimously voted (6-0) in the matter of In re: James C. Cournoyer, Complaint No. 2018-10, that probable cause does not exist to support the Complaint’s allegations. 4. Unanimously voted (6-0) in the matter of In re: Richard Fagnant, Complaint No. 2019-5, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and to authorize an investigation. The next order of business was: Motion to seal minutes of Executive Session held on March 26, 2019. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Antone, it was unanimously VOTED: To seal the minutes of the Executive Session held on March 26, 2019. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations There are nine complaints pending, which includes three non-filing complaints. b.) Advisory opinions There are five advisory opinions pending. Executive Director Gramitt thanked Staff Attorneys Radiches and Papa for their efforts to reduce the number of pending advisory opinions. c.) Access to Public Records Act requests since last meeting Fourteen APRA requests were received since the last meeting, all of which were granted within one business day, with the exception of 1 that involved complex financial disclosure issues. d.) Legislation impacting the Ethics Commission or the Code of Ethics, including: 2019 House Bill 5493: An Act Relating to Public Officers and Employees – Code of Ethics. Executive Director Gramitt advised that legislation similar to House Bill 5493 has been introduced in the past. It is targeted to close perceived loopholes in the revolving door statute in response to advisory opinions issued by the Commission. He noted that the Commission issued an advisory opinion to Brian Stern in which it concluded that Governor Carcieri’s Chief of Staff could be appointed as a judge because he had had 5 years of uninterrupted state service. He explained that the Commission also correctly opined that Richard Licht could be appointed as a judge, despite serving as the Director of Administration, because department heads are not members of the Governor’s staff and, therefore, are not barred from appointment by the statute. He advised that the legislation would extend the prohibition to include department heads. Executive Director Gramitt informed that the bill has been held for further study and he will monitor it as he has in past years. Executive Director Gramitt also informed that he will monitor bills submitted to the House and the Senate to amend the Open Meetings Act, which would have an impact on all state agencies. Executive Director Gramitt advised that he formed a working group with Staff Attorney Radiches and Financial Disclosure Officer Michelle Berg to work with the Governor’s Director of Appointments to ensure that all new state appointees immediately file financial disclosure. He stated that Staff Attorney Radiches is putting together a welcome packet for new appointees which will include information regarding financial disclosure and the Code of Ethics. Commissioner Salk suggested that new appointees sign a form acknowledging that they received the information. Discussion ensued regarding the best mechanisms by which to provide education. Vice Chair Quinn indicated that the Commission needs to define its educational goals and consider how to best communicate the requirements. In response to Commissioner Corrente, Executive Director Gramitt stated that the working group aims to have individuals file financial disclosure immediately, even prior to Senate confirmation. He explained that it is easier with elected officials because they are entered into the Commission’s database from candidate lists supplied by the Secretary of State. Commissioner Antone inquired how an individual would know how to seek an advisory opinion. In response to Vice Chair Quinn, Executive Director Gramitt stated that a workshop on education can be noticed as an agenda item for a future meeting this year. Executive Director Gramitt reminded all that Financial Statements are due by April 26th. Finally, he reported that Commissioner Lynch received advanced notice that today is likely his last meeting, as a list of potential nominees has been submitted to the Governor. He acknowledged Commissioner Lynch’s more than 10 years of service. Vice Chair Quinn thanked Commissioner Lynch for his service and stated that he would be invited back for a formal acknowledgment at a future meeting. The final order of business was: New Business. There being no new business, at 11:17 p.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Arianne Corrente Secretary