Minutes April 27, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 27, 2021 The Rhode Island Ethics Commission remotely conducted its 8th meeting of 2021 in Zoom webinar format at 9:00 a.m. on Tuesday, April 27, 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 Lauren E. Jones Arianne Corrente, Vice Chair Timothy Murphy Kyle P. Palumbo, Secretary Matthew D. Strauss M. Therese Antone Holly J. Susi J. Douglas Bennett 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 9:02 a.m., the Chairopened the meeting. The first order of business was: Discussion of Remote Meeting Format; Identifying and Troubleshooting any Remote Meeting Issues. Executive Director Gramitt stated that the Commission has been operating pursuant to Executive Order 20-46 which has been extended to allow public bodies to conduct remote meetings during the COVID-19 pandemic. He explained that the Commission will consider the draft advisory opinions noticed for today in a recorded Open Session after which it will convene briefly in a separate Executive Session and then return to this Open Session to provide a live report on all actions taken in Executive Session. He informed that copies of today’s agenda and draft advisory opinions are accessible on the Commission’s website under the link for Meeting Materials, and a written report of all actions taken in Executive Session will be published and available on the website after the meeting ends. Copies of the written report may also be requested by emailing the Commission’s office at ethics.email@ethics.ri.gov. The next order of business was: Administration of Oath of Office to Matthew D. Strauss, Holly J. Susi, and Lauren E. Jones. Chair Quinn welcomed and administered the Oath of Office to each of the three new Commissioners, Matthew D. Strauss, Holly J. Susi, and Lauren E. Jones, after which each provided a brief introduction. The next order of business was: Approval of minutes of the Open Session held on April 6, 2021. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Murphy, it was VOTED: To approve the minutes of the Open Session held on April 6, 2021. AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; and Kyle P. Palumbo. ABSTENTIONS: M. Therese Antone; Lauren E. Jones; Matthew D. Strauss; and Holly J. Susi. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt explained that the office has been operating pursuant to temporary changes in procedures in response to COVID-19, with most of the staff teleworking and two to three staff members in the office daily, especially during financial disclosure season. He referred to the recent email communication from the Department of Administration informing offices that they may operate at 80% capacity as of May 7, 2021, and 100% capacity as of May 28, 2021, and explained that this guidance applies mostly to the private sector. Executive Director Gramitt stated that state offices, including the Commission’s office, will largely continue to operate as they have been while devising workforce plans to gradually increase capacity. b.) Complaints and investigations pending There are five open complaints pending, including the two Corrigan Complaints. Executive Director Gramitt informed that Legal Counsel DeSimone has circulated the draft Decision and Order to the Commissioners who were present for the adjudication. Executive Director Gramitt stated that the Decision and Order will likely issue this week, at which point the appeals period will start. c.) Advisory opinions pending There are 20 advisory opinions pending, with nine noticed on today’s agenda. Executive Director Gramitt informed that many more advisory opinion requests were received but handled with informal guidance, obviating the need for formal opinions. d.) Access to Public Records Act requests since last meeting There were seven APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that three requests related to advisory opinions and recusals and the remaining related to financial disclosure. e.) Financial Disclosure: Update on upcoming 2020 filing period Executive Director Gramitt informed that the deadline for filing the 2020 financial disclosure statements is this Friday, April 30, 2021. He further informed that extensions of up to 60 days may be requested before the April 30, 2021 deadline. Executive Director Gramitt stated that as of today, the compliance rate for filing is at 76%, compared to 59% at this time last year. He further stated that the Administrative staff processes all statements that are filed, which currently is 3,166 statements. In response to Chair Quinn, Executive Director Gramitt stated that the Governor’s current Executive Order relating to remote public meetings expires on April 29, 2021, and he anticipates that it will continue to be renewed as it has been on a monthly basis during the pandemic. He informed that legislation is pending in the Rhode Island House and Senate to permanently allow public bodies to conduct remote meetings subject to certain requirements. 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 opinionwas that of: Kate McMahon Macinanti, a member of the South Kingstown School Committee, who in her private capacity is employed by SK Wellness as its outreach coordinator, requests an advisory opinion regarding whether, following her recusal from any School Committee matter involving an application by SK Wellness for grant funding and/or a service contract with the South Kingstown School District, she is prohibited by the Code of Ethics from serving as a moderator and/or facilitator on a project funded by a grant or service contract awarded to SK Wellness by the School Committee. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kate McMahon Macinanti, a member of the South Kingstown School Committee, who in her private capacity is employed by SK Wellness as its outreach coordinator. The next advisory opinion was that of: Thomas N. Warren, the Chairman of the Narragansett Recreation Advisory Board, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in Recreation Advisory Board discussions and recommendations to the Narragansett Town Council concerning the existing rental policy for cabanas located directly on the Narragansett Town Beach, given that the Petitioner’s spouse currently rents one of the cabanas. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Palumbo, Staff Attorney Radiches explained that the class exception does not apply to these facts because it is currently unknown what specific recommendations the Recreation Advisory Board will make to the Town Council concerning the existing rental policy for cabanas and what impact any given recommendation might have on the Petitioner’s spouse that might differ from the impact upon other cabana renters. In response to Commissioner Murphy, Staff Attorney Radiches informed that in considering whether the Narragansett Recreation Advisory Board is truly advisory in nature, she examined whether its only function is to make recommendations to the Town Council and, if so, how far removed the Board’s recommendations are from the Town Council’s final decision, as well as how much deference the Town Council affords the Board’s recommendations. Upon motion made by Commissioner Antone and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Thomas N. Warren, the Chairman of the Narragansett Recreation Advisory Board. The next advisory opinion was that of: The Honorable Marcia Ranglin-Vassell, a legislator serving as a member of the Rhode Island House of Representatives, who is also a teacher at the E-Cubed Academy, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from performing work in her private capacity as an independent contractor for Ranglin & Associates Consulting, a business owned by the Petitioner’s sister. Staff Attorney Radiches presented the Commission Staff recommendation and explained that the Petitioner could not be present this morning but agreed to proceeding in her absence. In response to Commissioner Jones, Staff Attorney Radiches stated that the analysis would not be so different if the Petitioner were an employee versus an independent contractor as the focus is on the type of work she will be doing, when she will perform such work, and what resources she will use. In response to Chair Quinn, Staff Attorney Radiches stated that the Petitioner would need to request further guidance from the Ethics Commission if she works on state projects. In further response to Chair Quinn, Staff Attorney Radiches explained that the Petitioner must consider the five elements discussed in General Advisory Opinion 2009-4 when performing work on state or municipal projects. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Marcia Ranglin-Vassell, a legislator serving as a member of the Rhode Island House of Representatives, who is also a teacher at the E-Cubed Academy. The next advisory opinion was that of: William J. Conley, Jr., Esq., a former legislator who served as a member of the Rhode Island Senate, requests an advisory opinion regarding whether he may, prior to the expiration of one year after leaving legislative office, provide legal services to the Rhode Island Senate Committee on Education in a purely voluntary capacity with no compensation. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Popova Papa explained that this matter was initially heard at the Commission’s March 16, 2021meeting, at which four of the five members in attendance had voted to approve the draft opinion. Staff Attorney Popova Papa stated that the Commission invited the Petitioner to return when a fuller complement of the Commission would be present, given that five affirmative votes are required to issue an opinion. The Petitioner addressed the Commission and expressed appreciation for the opportunity to return. In response to Commissioner Murphy, Staff Attorney Popova Papa explained that, while there is no precedent for making exceptions to Regulation 1.5.2’s prohibition relating to “state employment,” in prior advisory opinions that discuss Regulation 1.5.4, which contains language similar to that of Regulation 1.5.2, the Commission has interpreted “employment” to mean work done for compensation. Commissioner Murphy expressed concern over the language in Regulation 1.5.2 that serves as an absolute bar for state legislators and that the opinions cited in the draft specifically deal with the municipal revolving door provision. He proposed that the Commission hold any decision in this matter to conduct a further review of prior opinions for supporting precedent. In response to Commissioner Susi, Staff Attorney Popova Papa informed that the Petitioner is prohibited from receiving compensation for providing legal services to the Senate Committee on Education even after one year, because the regulation’s intent is to preclude former legislators from circumventing the prohibition by using their prior contacts to secure a position without compensation during the one-year prohibitive period and then accepting compensation after the one-year period expires. Staff Attorney Popova Papa stated that if the Petitioner decided to wait one year, then he could accept the position with compensation at that time. In further response to Commissioner Susi, Staff Attorney Popova Papa stated that the regulation refers to employment, which the Commission has interpreted to require compensation. Commissioner Palumbo stated that he does not interpret Regulation 1.5.2 as an absolute bar because it is qualified as to employment. He expressed that he could not envision it extending to a volunteer who does not receive compensation as an employee or contractor would. In response to Chair Quinn and Commissioner Antone, the Petitioner explained his interest in working without compensation instead of waiting one year. He represented that, upon being asked to serve as legal counsel by the Chair of the Senate Education Committee, he informed her that he could not accept compensation and would seek an advisory opinion. The Petitioner represented that this role is consistent with his law firm’s commitment to pro bono work, as well as his exploration of community engagement as a servant-leader as he pursues a master’s degree in Leadership. Chair Quinn expressed concern that the Petitioner’s law practice could become more attractive to clients as a result of this work. Commissioner Corrente noted that the Petitioner has served as an elected official, including as Chair of the Senate Finance Committee, which would already make his practice attractive to many clients. She stated that she is not in favor of holding this opinion any longer. In response to Commissioner Jones, the Petitioner explained two past occasions in which he had involvement with the Committee while he was a Senator. In response to Chair Quinn, Executive Director Gramitt stated that whether the Petitioner would be subject to the Code of Ethics as legal counsel would be dependent upon how the relationship is structured, with it not being likely if he were an independent contractor. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Strauss, it was VOTED: To hold decision on the advisory opinion to William J. Conley, Jr., Esq., a former legislator who served as a member of the Rhode Island Senate, and conduct further study of Regulation 1.5.2 and its application to these facts. AYES: M. Therese Antone; Timothy Murphy; and Matthew D. Strauss. NOES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; and Holly J. Susi. The motion did not carry. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was VOTED: To issue an advisory opinion, attached hereto, to William J. Conley, Jr., Esq., a former legislator who served as a member of the Rhode Island Senate. AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; and Holly J. Susi. NOES: M. Therese Antone; Timothy Murphy; and Matthew D. Strauss. Commissioner Strauss clarified that it had been his intent to vote in the affirmative on the initial vote. The next advisory opinion was that of: The Honorable Mary Ann Shallcross Smith, a legislator serving as a member of the Rhode Island House of Representatives, requests an advisory opinion regarding whether the Code of Ethics permits her to accept appointment to the Permanent Legislative Commission on Child Care in Rhode Island, in her capacity as a State Representative, given that the Petitioner owns and/or manages a number of child care centers in Rhode Island. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Popova Papa noted a correction to footnote four on page four of the draft, which should read “1.2.1(B)” and not “1.2.2(B).” In response to Commissioner Jones, the Petitioner represented that she will not need to recuse on a frequent basis, and the discussions and voting will center on more general issues and not specifically on reimbursement to parents for child-care costs. Upon motion made by Commissioner Antone and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Mary Ann Shallcross Smith, a legislator serving as a member of the Rhode Island House of Representatives. The next advisory opinion was that of: The Honorable Charles A. Lombardi, the Mayor of the Town of North Providence, requests an advisory opinion regarding whether the Code of Ethics prohibits him from renting a building that he personally owns to Tri-County Community Action Agency, a private non-profit entity which seeks to provide social services to North Providence residents who are in need. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission and represented that he has agreed to rent his building to Tri-County to assist the agency and because its services would be useful to the community. Commissioner Jones noted that he performed work for the Town of North Providence Board of Canvassers last year but had no interaction or communication with the Petitioner. In response to Chair Quinn, Legal Counsel DeSimone stated that there is no conflict for Commissioner Jones in this matter. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Charles A. Lombardi, the Mayor of the Town of North Providence. The next advisory opinion was that of: Philip Gould, the Administrative Captain for the Town of Lincoln Police Department, requests an advisory opinion regarding whether the Code of Ethics allows him to continue serving in that position while seeking election to the position of Town Administrator for the Town of Lincoln and what limitations, if any, the Code of Ethics places upon his ability to campaign for Town Administrator while serving as Administrative Captain. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Commissioner Bennett cautioned the Petitioner that this is a sensitive issue and he should return to the Commission for further guidance as necessary. In response to Commissioner Jones, the Petitioner stated that he sought this opinion to allow him to maintain his employment as Captain while running for office. He represented that he sought advice from the Town Solicitor as well. Commissioner Corrente noted that she is a resident of the Town of Lincoln and thanked the Petitioner for his service. She echoed Commissioner Bennett’s cautions, noting that even the timing of social media posts will be subject to scrutiny by some individuals. Upon motion made by Commissioner Antone and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Philip Gould, the Administrative Captain for the Town of Lincoln Police Department. The next advisory opinion was that of: Matthew McGeorge, AIA, LEED AP, a member of the East Greenwich Historic District Commission, who in his private capacity is an architect, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before his own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via audio link. In response to Chair Quinn, Executive Director Gramitt explained that the Commission first authorized a General Advisory Opinion in 1989 to carve out a hardship exception for historical architects. He further explained that the Commission then revisited the exception in 2009 through public workshops and testimony that favored the continuation of the hardship exception, leading to GCA 2010-1. He stated that the Commission may wish to periodically review whether the exception should continue to be applied. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Matthew McGeorge, AIA, LEED AP, a member of the East Greenwich Historic District Commission, who in his private capacity is an architect.* *Commissioner Palumbo encountered technical difficulties and was not present for this vote. The final advisory opinion was that of: Kenneth D. Jones, the Chairperson of the West Greenwich 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 his own board to oppose a special use permit application for the construction of a solar energy generation and battery storage facility for which he received notice as an abutter. Staff Attorney Giusti presented the Commission Staff recommendation. The Petitioner was present via video link along with his attorney, Kevin J. McAllister, Esq. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kenneth D. Jones, the Chairperson of the West Greenwich Zoning Board of Review.* *Commissioner Palumbo was not present for this vote due to the previously-mentioned technical difficulties he experienced. Additionally, he filed a notice of recusal as to this matter and would not have participated in any event. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 10:58 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on April 6, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Motion to return to Open Session. At 11:02 a.m., the Commission reconvened in Open Session. Commissioner Palumbo was present for Executive Session and the remainder of Open Session as follows. Report on actions taken in Executive Session. Chair Quinn reported that the Commission took the following actions in Executive Session, which information will also be available on the Commission’s website: 1. Voted (5-0) to approve the minutes of the Executive Session held on April 6, 2021. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; and Kyle P. Palumbo. ABSTENTIONS: M. Therese Antone; Lauren E. Jones; Matthew D. Strauss; and Holly J. Susi.] 2. Unanimously voted (9-0) to return to Open Session. At 11:05 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Murphy, 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 21-30 by Governor Daniel McKee, on March 31, 2021, said relief was extended through April 29, 2021.