Minutes April 6, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 6, 2021 The Rhode Island Ethics Commission remotely conducted its 7th meeting of 2021 in Zoom webinar format at 9:00 a.m. on Tuesday, April 6, 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 J. Douglas Bennett Arianne Corrente, Vice Chair Timothy Murphy Kyle P. Palumbo, Secretary The following Commissioners were not present: M. Therese Antone and 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 9:01 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 former Governor Raimondo’s Executive Order 20-46 which has been extended to allow public bodies to conduct remote meetings during the COVID-19 pandemic. He informed that the Commission will convene in Executive Session before considering the draft advisory opinions noticed for today and will then return to this Open Session to provide a live report on all actions taken in Executive Session. He further 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. Executive Director Gramitt stated that the advisory opinion request of William Conley, Esq. will be re-noticed for the Commission’s April 27, 2021 meeting. The next order of business was: Approval of minutes of the Open Session held on March 2, 2021. Executive Director Gramitt informed that the draft March 2, 2021 meeting minutes were amended with respect to the Honorable Gayle Goldin’s advisory opinion on page four to state that “the Petitioner’s spouse is currently representing the restaurant owner on legal matters unrelated to the restaurant or property that is impacted by the legislation at issue.” Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Murphy, it was VOTED: To approve the minutes of the Open Session held on March 2, 2021 as amended. AYES: Marisa A. Quinn; J. Douglas Bennett; Timothy Murphy; and Kyle P. Palumbo. ABSTENTION: Arianne Corrente. The next order of business was: Approval of minutes of the Open Session held on March 12, 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 March 12, 2021. AYES: Marisa A. Quinn; J. Douglas Bennett; Timothy Murphy; and Kyle P. Palumbo. ABSTENTION: Arianne Corrente. The next order of business was: Approval of minutes of the Open Session held on March 16, 2021. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To approve the minutes of the Open Session held on March 16, 2021. At 9:06 a.m., upon motion made by Commissioner Murphy 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 March 16, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Steven Merolla, Complaint No. 2020-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Suzanna Alba, Complaint No. 2020-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. At 9:32 a.m., the Commission reconvened in Open Session. 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. Unanimously voted (5-0) to approve the minutes of the Executive Session held on March 16, 2021. 2. Unanimously voted (5-0) in the matter of In re: Steven Merolla, Complaint No. 2020-6, to enlarge time for investigation for 60 days. 3. Unanimously voted (5-0) in the matter of In re: Suzanna Alba, Complaint No. 2020-5, to enlarge time for investigation for 60 days. 4. Unanimously voted (5-0) to return to Open Session. The next order of business was: Motion to seal minutes of Executive Session held on April 6, 2021. 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 April 6, 2021. 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: The Honorable Ryan Pearson, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether he may participate in the General Assembly’s discussions and voting relative to proposed legislation that would allow Twin River Casino Hotel to extend its debt leverage ratio limits during the extension of its lottery contract with the State of Rhode Island, given that the Petitioner is privately employed by a commercial lending institution which currently services Twin River Casino Hotel. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Bennett, Staff Attorney Radiches explained that the impact of the legislation on the Petitioner’s employer is hypothetical and indirect because it is unknown at this time if Twin River will borrow more money and, if so, from whom. In response to Commissioner Bennett, the Petitioner informed that Twin River could borrow from any of several lending sources and not necessarily Citizens Bank. In response to Commissioner Palumbo, the Petitioner stated that he works on the consumer side of lending at Citizens Bank and is not familiar with all the facets of the commercial side involving Twin River. He represented that there are approximately 438 lending institutions which could provide lending services to Twin River. Commissioner Murphy stated that the class exception could apply to a class of 438 lenders. In further response to Commissioner Palumbo, the Petitioner explained that the subject legislation is part of a larger bill relating to the Twin River and IGT merger. He further explained that Twin River’s position is that RI’s restrictions on debt leverage limits are too restrictive and this bill would serve to increase that limit. In response to Commissioner Murphy, Staff Attorney Radiches stated that the draft’s analysis of the class exception serves as an alternative argument if the Commission were inclined to find that the impact upon the Petitioner’s employer were direct, which it is not. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Ryan Pearson, a legislator serving as a member of the Rhode Island Senate. The next advisory opinion was that of: Edward J. Quinlan, a member of the Health Services Council, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in discussions and voting on Health Service Council matters involving Prospect Medical, given that Prospect Medical owns Charter Care Medical Associates, for which the Petitioner formerly served as a member of the Board of Trustees. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Bennett, the Petitioner stated that his financial ties with Charter Care Medical Associates have been terminated. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Edward J. Quinlan, a member of the Health Services Council. The final advisory opinion was that of: Keith J. Stover, a member of the New Shoreham Town Council, whose spouse serves on the Board of Directors of Block Island Health Services, Inc. (“BIHS”), requests an advisory opinion regarding: 1) whether he must recuse himself when his spouse or another BIHS Board member appears before the Town Council; and 2) what restrictions the Code of Ethics places upon his ability to vote on the Town budget, given that it contains an annual appropriation to BIHS. Senior Staff Attorney D’Arezzo presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Murphy, the Petitioner represented that his spouse does not receive remuneration or any other benefit for her BIHS service. In response to Chair Quinn, Senior Staff Attorney D’Arezzo stated that, generally, there is no impediment to the Petitioner’s participation in Town Council decision-making relative to BIHS, including line-item appropriations to BIHS in the Town budget. However, if the Petitioner’s spouse were to appear before the Town Council to advocate for BIHS’s appropriation, or to provide informational updates regarding BIHS activities, the Petitioner must recuse consistent with Regulation 1.2.1. In response to Commissioner Murphy, Senior Staff Attorney D’Arezzo stated that R.I. Gen. Laws § 36-14-5 (a) and (d), as well as the nepotism regulation, require the Petitioner’s recusal if there would be a financial impact upon his spouse, with § 7(a) defining a substantial conflict as involving a direct financial impact. She further explained that no such financial impact is required to trigger Regulation 1.2.1’s recusal requirement. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Keith J. Stover, a member of the New Shoreham Town Council, whose spouse serves on the Board of Directors of Block Island Health Services, Inc. (“BIHS”). 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 No updates. b.) Complaints and investigations pending There are five open complaints pending, including the two Corrigan Complaints. Executive Director Gramitt informed that Legal Counsel DeSimone is currently drafting the Decision and Order. c.) Advisory opinions pending There are 15 advisory opinions pending. Executive Director Gramitt stated that the staff gives attention to time-sensitive requests. d.) Access to Public Records Act requests since last meeting There were eight APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that the requests related to complaints, advisory opinions, meetings, recusals, and financial disclosure. e.) Financial Disclosure: Update on upcoming 2020 filing period Executive Director Gramitt informed that, as of March 22, 2021, 4,100 financial disclosure forms and instructions were mailed. He further informed that a reminder email with instructions was sent and another email reminder will be sent one week before the April 30, 2021 deadline. Executive Director Gramitt stated that approximately one-half of the required filers have already filed their statements. He further stated that the Administrative staff is processing the filings, and Investigators Mancini and Petrarca handle the bulk of the financial disclosure-related phone calls, with some directed to Financial Disclosure Officer Michelle Berg. Investigator Cross processes mailings that are returned as undeliverable due to defective addresses and attempts to find accurate addresses. The final order of business was that of: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 10:12 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, 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.