Minute April 28, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 28, 2020 The Rhode Island Ethics Commission remotely conducted its 6th meeting of 2020 in Zoom webinar format at 9:00 a.m. on Tuesday, April 28, 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 Robert A. Salk M. Therese Antone Emili B. Vaziri 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 reminded the Commission of the webinar format and its features and how to communicate with the meeting hosts for any technical issues during the meeting. He stated that a recording will be made of the meeting which will become a public record. He further informed that, after Open Session adjourns, the Commission will convene Executive Session 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. Chair Quinn thanked the Commission staff for arranging this remote meeting. The next order of business was: Approval of minutes of the Open Session held on April 7, 2020. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on April 7, 2020. AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTION: Robert A. Salk. The next order of business was: Motion to seal minutes of Executive Session held on April 7, 2020. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Antone, it was unanimously VOTED: To seal the minutes of the Executive Session held on April 7, 2020. AYES: Marisa A. Quinn; M. Therese Antone; Arianne Corrente; Timothy Murphy; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTIONS: J. Douglas Bennett and Robert A. Salk. 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 informed that there have been no changes in Commission operations and staffing since the last report. He explained that a majority of the staff has been teleworking and a small number has been present in the office daily. In response to Commissioner Salk, Executive Director Gramitt stated that the webinar format for meetings will likely stay in place for the Commission’s next meeting on May 12th. b.) Complaints and investigations pending There are nine complaints pending. Executive Director Gramitt spoke of the challenges involved in conducting investigations during the present COVID-19 crisis but stated that the staff can still conduct interviews and request documents. c.) Advisory opinions pending There are five advisory opinions pending. Executive Director Gramitt informed that staff continues to receive calls asking for advice and guidance and some of these may lead to advisory opinion requests. d.) Access to Public Records Act requests since last meeting There were four APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt stated that the Commission voted at the last meeting to extend the deadline for filing financial disclosure statements to May 26, 2020, for those who did not file the 2019 Financial Statement by the April 24, 2020 deadline. He informed that compliance is currently at 68%, a bit lower than this time last year, but likely due to the automatic 30-day filing extension. 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: John Austin Murphy, the Town Moderator for the Town of Jamestown, requests an advisory opinion regarding whether the Code of Ethics prohibits him from performing his Town Moderator duties at the Town’s annual financial meeting, at which time the Jamestown Philomenian Library Board of Trustees is expected to seek bond funding to supplement its Capital Campaign, given that the Petitioner currently simultaneously serves as Honorary Co-Chairman of the Capital Campaign. Upon Chair Quinn’s recusal, Vice Chair Corrente presided over the matter. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via audio link. Upon motion made by Commissioner Salk and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John Austin Murphy, the Town Moderator for the Town of Jamestown. RECUSAL: Marisa A. Quinn. Executive Director Gramitt informed that copies of the advisory opinions will be available on the Commission’s website. The next advisory opinion was that of: Richard Peck, the Acting Chief of the Pascoag Fire Department, requests an advisory opinion regarding whether the Code of Ethics prohibits him from signing “pay-on-call” sheets completed by either or both of his sons who are volunteer firefighters for the Pascoag Fire Department, following a response by either or both sons to an emergency call, in situations where the Petitioner is the only senior officer at the scene available to sign such sheets. Staff Attorney Popova Papa presented the Commission Staff recommendation. Christopher R. Alger, Esq. was present for the Petitioner via audio link. Staff Attorney Popova Papa informed that the advisory opinion only addresses the first question raised in the Petitioner’s request letter, given his representation that he is aware that the conduct described in the second question is prohibited and, therefore, he no longer needs the advisory opinion to address that issue. Upon motion made by Commissioner Vaziri and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Richard Peck, the Acting Chief of the Pascoag Fire Department. The final advisory opinion was that of: Gail Hallock Cyr, AIA, a member of the North Kingstown Historic District Commission, who in her private capacity is an architect, requests an advisory opinion regarding whether she qualifies for a hardship exception to the Code of Ethics’ prohibition on representing her client before her own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Popova Papa noted that the Commission has issued five advisory opinions to the Petitioner in accordance with General Commission Advisory No. 2010-1. The Petitioner stated that the facts in this opinion are similar to the previous one she received. Upon motion made and duly seconded, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Gail Hallock Cyr, AIA, a member of the North Kingstown Historic District Commission. 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. Executive Director Gramitt stated that after Open Session, the Executive Session will convene in a separate webinar meeting. He 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 emailing ethics.email@ethics.ri.gov. At 9:24 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, 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 April 7, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Gina M. Raimondo, Complaint No. 2019-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) 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). d.) 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 20-25 on April 15, 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