Minutes April 7, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 7, 2020 The Rhode Island Ethics Commission remotely conducted its 5th meeting of 2020 in Zoom webinar format at 9:00 a.m. on Tuesday, April 7, 2020, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State.[1] 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 M. Therese Antone The following Commissioner(s) were not present: 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 9:06 a.m., the Chairopened the meeting. Chair Quinn thanked the Commission staff for their hard work in arranging this remote meeting and for keeping operations moving during these tumultuous times. The first order of business was: Approval of minutes of the Open Session held on March 3, 2020. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was VOTED: To approve the minutes of the Open Session held on March 3, 2020. AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTIONS: M. Therese Antone. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of Remote Meeting Format; Identifying and Troubleshooting any Remote Meeting Issues Executive Director Gramitt explained that the Rhode Island Open Meetings Act (“OMA”) prohibits public bodies from conducting public meetings remotely, however, the Governor’s Executive Order 20-05 issued on March 16, 2020, relieves public bodies from said prohibitions during the current COVID-19 health crisis. Executive Director Gramitt stated that the instructions for logging into Zoom webinar are included on the Commission’s agenda, which has been posted on the Secretary of State’s website and emailed to all interested parties. Executive Director Gramitt explained the use of the webinar format and its features. He stated that he, Financial Disclosure Officer Michelle Berg, and Office Manager Tracy Teixeira are the meeting hosts who will have control over access to the webinar meeting and be able to respond to technical questions and issues. He credited Ms. Berg and Ms. Teixeira for their significant efforts to make this remote meeting happen. Executive Director Gramitt explained how the Commissioners may participate in the remote meeting. He informed that a recording will be made of the meeting which will become a public record. He further informed that those Commissioners attending today will immediately leave the meeting after Open Session adjourns and Executive Session will convene in a separate webinar meeting. A written report of all actions taken in Executive Session will be published and available on the Commission’s website immediately following the meeting, copies of which can be requested by calling the Commission at (401) 222-3790 or emailing ethics.email@ethics.ri.gov. In response to Chair Quinn, Executive Director Gramitt informed that the staff attorneys presenting advisory opinions will forego formal oration of said opinions and will present only their recommendation. Where a petitioner is present for the webinar meeting, he/she will have the ability to speak when applicable and to appear on video at the request of the Commission. b.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt informed that a document has been provided in the Commissioners’ binders detailing the changes in Commission operations, which changes will expire at the end of April. He explained that the Commission’s office is open and operational with a limited staff physically present in the office and most employees are teleworking. Executive Director Gramitt stated that financial disclosure season is underway, and the staff has been busy receiving and processing statements and handling related duty calls. He further stated there is no in-person contact with members of the public with matters being handled by phone and/or via email communication. Individuals are being encouraged to utilize the online filing system for financial disclosure statements. c.) Complaints and investigations pending There are nine complaints pending, including eight conflict of interest complaints and one non-filing complaint. d.) Advisory opinions pending There are nine advisory opinions pending. e.) 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. Chair Quinn thanked the staff for ensuring that Commission operations continue. 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: Randall White, a member of the Jamestown Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on appearing before the Jamestown Tax Assessment Board of Review regarding the appeal of the tax assessment of his personal residence. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches noted two edits to the draft: (1) on page two, line six, removal of the sentence beginning with “the petitioner specifies;” and (2) on page three, the second full paragraph, removal of the sentence that starts with “notably.” Staff Attorney Radiches explained that the Petitioner received safe harbor protection from the Commission on March 27, 2020, and appeared before the Tax Assessment Board of Review (“Board of Review”) on April 2, 2020. In response to Commissioner Murphy, the Petitioner stated that the Board of Review is a four-member public body with only three current members. The Petitioner further stated that he is one of five members of the Town Council and he participated in the appointment of two of the Board of Review members. Commissioner Murphy noted that the draft opinion directs the Petitioner to recuse from participating in the appointment or reappointment of any persons to the Board of Review until after the election cycle for his Town Council seat following the resolution of his tax appeal. In response to Commissioner Palumbo, Staff Attorney Radiches explained that the footnote on page one of the draft opinion addresses the Petitioner’s financial interest in the subject property. Executive Director Gramitt stated that § 36-14-5(e) of the Code of Ethics prohibits the Petitioner from representing himself or appearing on behalf of another before a subsidiary board. In response to Chair Quinn, Staff Attorney Radiches stated that the fact that the Petitioner had appointed members to the Board of Review did not change her legal analysis. *Commissioner Bennett joined the meeting at 9:26 a.m. Upon motion made by Commissioner Antone and duly seconded by Commissioner Vaziri, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Randall White, a member of the Jamestown Town Council. The next advisory opinion was that of: Robert Najarian, a member of the North Smithfield 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 objecting to an appeal before the Zoning Board filed by the owner of property that abuts the Petitioner’s personal residential property. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Bennett, the Petitioner stated that the part of the business’s operations that has generated Town action has been occurring for less than one year. He explained that it is this second or ancillary component to the business that has prompted the Town’s involvement. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Robert Najarian, a member of the North Smithfield Zoning Board of Review. The next advisory opinion was that of: Joseph T. Murphy, a member of the South Kingstown Planning Board, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on appearing before his own board to seek approval to subdivide his property. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Amy Goins, Esq., Solicitor for the Town of South Kingstown, was also present to address any questions or concerns. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Joseph T. Murphy, a member of the South Kingstown Planning Board. The final advisory opinion was that of: The Honorable Joshua J. Giraldo, a member of the Rhode Island House of Representatives, who is also the Chief of Staff to the Mayor of the City of Central Falls, requests an advisory opinion regarding whether the Code of Ethics prohibits from entering into a personal service contract with a public relations and communications firm. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Bennett, the Petitioner informed that his position as Chief of Staff to the Mayor of Central Falls is full-time. In further response to Commissioner Bennett, the Petitioner clarified that the subject grants are private and do not involve state funds. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Joshua J. Giraldo, a member of the Rhode Island House of Representatives, who is also the Chief of Staff to the Mayor of the City of Central Falls. Discussion and potential voting regarding changes to Financial Disclosure procedures in light of COVID-19. Executive Director Gramitt informed that the 2019 financial disclosure forms and instructions were mailed in March and the filing deadline is April 24, 2020. He further informed that 1,800 filings have been received thus far, with more to come including from candidates. Executive Director Gramitt stated that 94% have filed online, which is 4% higher than normal and all 1,800 have been processed. He credited the administrative staff, Sherilyn Gutierrez and Christine Andreozzi, as well as Michelle Berg and the Commission investigators for their hard work and team effort. Executive Director Gramitt stated that the Commission staff has considered ways to amend the current filing procedures to facilitate easier and safer processing in light of the COVID-19 crisis. a.) Automatic 30-day extensions of time, beyond April 24, 2020, for all filers Executive Director Gramitt explained that one option is to provide an automatic 30-day extension to the filing deadline of April 24, 2020. Filers may still request a 60-day extension before the April 24, 2020 deadline. Chair Quinn agreed, noting how people’s lives have been disrupted during this crisis. Commissioners Antone and Bennett concurred. Legal Counsel DeSimone advised that the Commission should consider each item separately. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Murphy, it was unanimously VOTED: To provide an automatic 30-day extension of time, beyond April 24, 2020, for filing the 2019 Financial Disclosure Statement. b.) Waiver of notary requirement for paper filers Executive Director Gramitt informed that the Commission has received many phone calls regarding the notary requirement for paper filings. He explained that online filing requires only an electronic signature and a checked box for certification. Executive Director Gramitt stated that, given the social distancing rules in effect in Rhode Island, filers do not have access to notaries and some simply cannot file online. He proposed a temporary waiver of the notary requirement for paper filers. In response to Chair Quinn, Executive Director Gramitt stated that the Commission could provide an end date for the waiver and explained that a waiver of the notary requirement does not imperil the Commission’s enforcement powers with respect to financial disclosure filings. Discussion ensued regarding the notary requirement. In response to Chair Quinn, Executive Director Gramitt stated that the Commission could apply a waiver of the notary requirement to all 2019 paper filings and have a more substantive discussion at a later time regarding the notary requirement for all future filings. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To waive the notary requirement for all calendar year 2019 financial disclosure paper filings. c.) Allowing scanned and emailed paper filings Executive Director Gramitt explained the concerns related to COVID-19 exposure and the staff’s handling of filings received by mail. He proposed that the Commission allow scanned and emailed filings from those persons who still prefer to file paper statements without the need for mailing the forms. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Murphy, it was unanimously VOTED: To allow scanned and emailed paper filings for the 2019 Financial Disclosure Statement. The final order of business was: New Business Proposed for future Commission agendas and general comments from the Commission. There was no new business proposed. At Chair Quinn’s request, Executive Director Gramitt reiterated that a written report of all actions taken in Executive Session will be published and available on the Commission’s website immediately following the meeting, copies of which can be requested by calling the Commission at (401) 222-3790 or emailing ethics.email@ethics.ri.gov. At 9:59 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To Adjourn Open Session and go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on March 3, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) 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). c.) Motion to Adjourn Executive Session and End 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 20-05 on March 16, 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.