Minutes March 27, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 27, 2018 The Rhode Island Ethics Commission held its 6th meeting of 2018 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 27, 2018, 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 Arianne Corrente Marisa A. Quinn, Vice Chair John D. Lynch, Jr.* J. Douglas Bennett Timothy Murphy The following Commissioner(s) were not present: M. Therese Antone; Robert A. Salk, Secretary; and James V. Murray. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; 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: Approval of minutes of the Open Session held on March 15, 2018. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Quinn, it was VOTED: To approve the minutes of the Open Session held on March 15, 2018. AYES: J. Douglas Bennett; Arianne Corrente; and Ross Cheit. ABSTENTIONS: Timothy Murphy; and Marisa A. Quinn. 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: Paul Francis Kesson, a member of the Portsmouth Town Council, a municipal elected position, requests an advisory opinion regarding whether he may participate in the Town Council’s discussions and decision-making relative to mitigating the negative effects caused by the operation of a Town-supported wind turbine on the neighboring homes, given that the Petitioner is one of the affected residents. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Murphy, Staff Attorney Popova Papa stated that the class exception was not applied to these facts because it is unclear what action the Town Council will take and what restrictions it will put into effect. She further stated that the restrictions may or may not affect all residents equally. The Petitioner informed that the Town might provide tax relief as a form of financial compensation to affected residents. Staff Attorney Popova Papa explained that there are too many uncertainties at this juncture and, if the Petitioner participates, he could help create a resolution that might financially impact him. In response to Commissioner Murphy, Staff Attorney Popova Papa informed that the Petitioner should not participate in any discussion at all where there is the potential for a financial benefit. Chair Cheit stated that the Petitioner may return before the Commission if the issues become clearer. In response to Commissioner Quinn, the Petitioner stated that he is the only Town Councilmember that is affected by this matter. Upon motionmade by Commissioner Quinn and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Paul Francis Kesson, a member of the Portsmouth Town Council. The next advisory opinion was that of: Matthew Alves , a Detective Sergeant with the Cumberland Police Department, Detective Division, requests an advisory opinion regarding whether the established alternative supervisory chain of command is sufficient to insulate him from conflicts of interest arising out of his new position, given that his spouse is a detective in the Detective Division. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Commissioner Murphy stated that the Petitioner should be aware of situations that may arise that require him to return before the Commission. The Petitioner stated that it is clear to him to whom his spouse will report and he does not anticipate any issues. Uponmotion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Matthew Alves, a Detective Sergeant with the Cumberland Police Department, Detective Division. The next advisory opinion was that of: Mary E. Bray, a former member of the Pawtucket City Council, who is currently employed by the Rhode Island Office of Housing and Community Development as a Housing Commission Coordinator, requests an advisory opinion regarding whether she may serve as a member of the Pawtucket Housing Authority’s Board of Commissioners. *Commissioner John D. Lynch, Jr., arrived at 9:22 a.m. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Chair Cheit stated that the requirement that a person subject to the Code not accept other employment that would impair his or her independence of judgment is self-regulating, one that the Commission generally cannot monitor. In response to Commissioner Quinn, Staff Attorney Gramitt stated that the Petitioner’s new state position is that of Housing Commission Coordinator for the Rhode Island Office of Housing and Community Development. He informed that the Petitioner represented that the position is clerical/administrative and does not involve any decision-making. Commissioner Bennett stated that this matter has the potential for a two-way conflict in both of her positions and the Petitioner should be advised to exercise caution and be mindful of issues that might arise. Staff Attorney Gramitt agreed and informed that, while caution must be exercised, the Code of Ethics does not generally prohibit a person from favoring one public entity over another. He stated that the Code focuses on official action favoring a private entity. Uponmotion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Mary E. Bray, a former member of the Pawtucket City Council. The final advisory opinion was that of: John A. Beauregard, a member and President of the North Smithfield Town Council, requests an advisory opinion regarding whether he may participate in the Town Council’s discussions and voting relative to a solar farm project in North Smithfield, given that the Petitioner has previously provided parking lot paint striping for a business owned by the solar farm’s developer. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. After discussion, and, upon motion made by Commissioner Corrente and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John A. Beauregard, a member and President of the North Smithfield Town Council. The next order of business was: Director’s Report. Senior Staff Attorney D’Arezzo reported that there were nine (9) complaints, including one (1) non-filing complaint, fifteen (15) advisory opinions, and one (1) preliminary investigation pending. She stated that three (3) APRA requests were received since the last meeting, two of which were granted within one business day and one which was denied on the basis that it sought investigative records. Executive Session. At 9:32 a.m., uponmotion made by Commissioner Murphy and duly seconded by Commissioner Lynch, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on March 15, 2018, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: Francis X. Flaherty, Complaint No. 2016-14, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Cristine McBurney, Complaint No. 2017-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. In re: Harold Carter, III, Complaint. No. 2018-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 5. In re: William C. Perry, Complaint No. 2018-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 6. Motion to return to Open Session. The Commission reconvened in Open Session at 10:10 a.m. The next order of business was: Motion to seal minutes of Executive Session held on March 27, 2018. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Bennett, it was unanimously VOTED: To seal the minutes of the Executive Session held on March 27, 2018. 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 March 15, 2018. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; Arianne Corrente; John D. Lynch, Jr.; and Ross Cheit. ABSTENTIONS: Timothy Murphy; and Marisa A. Quinn. 2. In the matter of In re: Francis X. Flaherty, Complaint No. 2016-14, voted not to approve a proposed Informal Resolution and Settlement as offered. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Marisa A. Quinn; and Ross Cheit. RECUSALS: John D. Lynch, Jr.] 3. Unanimously voted (6-0) in the matter of In re: Cristine McBurney, Complaint No. 2017-9, to enlarge time for investigation for sixty days. 4. Unanimously voted (6-0) to initially determine that the facts alleged in In re: Harold Carter, III, Complaint No. 2018-3, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 5. Unanimously voted (6-0) to initially determine that the facts alleged in In re: William C. Perry, Complaint No. 2018-4, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. The final order of business was: New Business. Chair Cheit informed that there will be a short agenda for the Commission meeting on April 10, 2018, and at 10:00 a.m., the Commission will honor our outgoing Executive Director, Kent A. Willever. Chair Cheit stated that there will be a meeting of the Personnel Subcommittee immediately following this meeting in anticipation of making a list of candidates to be interviewed. Chair Cheit further stated he is hopeful that there will be a full Commission meeting held on April 3, 2018, at which the candidates will be interviewed and a selection made. At 10:12 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Bennett, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary