Minutes June 8, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 8, 2021 The Rhode Island Ethics Commission remotely conducted its 10th meeting of 2021 in Zoom webinar format at 9:00 a.m. on Tuesday, June 8, 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 Kyle P. Palumbo, Secretary Timothy Murphy M. Therese Antone Matthew D. Strauss J. Douglas Bennett Holly J. Susi The following Commissioner was not present: Arianne Corrente. 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 9:05 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 the Governor’s executive orders allowing 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 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. Executive Director Gramitt stated that anyone experiencing technical issues with today’s meeting may contact the Commission’s office for assistance. The next order of business was: Approval of minutes of the Open Session held on May 18, 2021. Upon motion made by Commissioner Antone and duly seconded by Commissioner Jones, it was VOTED: To approve the minutes of the Open Session held on May 18, 2021. AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly Susi. ABSTENTION: Timothy Murphy. 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 staff members are slowly starting to return to work in person. He informed that the Governor’s executive orders with respect to remote meetings had been extended on a monthly basis throughout the pandemic due to the state of emergency and the Legislature’s inability to meet in person. Executive Director Gramitt further informed that the current executive order, which expires on June 25, 2021, may be the last extension. He noted that there is a bill before the Legislature to allow remote meetings to continue permanently subject to a sunset provision. Executive Director Gramitt stated that if the Legislature does not consider the bill during the current session and/or rejects the bill, public meetings resume with all attending in person consistent with the Open Meetings Act requirements. In response to Commissioner Bennett, Executive Director Gramitt stated that organizations such as Common Cause have appeared at legislative committee hearings to express their general support for the remote meeting format, but with some reservations. In response to Chair Quinn, Executive Director Gramitt explained that while it is not definite that the current executive order will not be extended, the Commission should be prepared for a possible return to in-person meetings. b.) Complaints and investigations pending The appeal period in the consolidated Corrigan Complaints expired and no appeal was filed with the Superior Court. Executive Director Gramitt informed that these two cases are now closed. He stated that there are three active cases pending and that a motion for an extension of time in Merolla is on today’s agenda, a probable cause hearing in Alba is likely to be scheduled for the next Commission meeting, and the investigation in Smiley is ongoing. c.) Advisory opinions pending There are six advisory opinions pending, with four noticed for today’s meeting. d.) Access to Public Records Act requests since last meeting There were two APRA requests received since the last meeting, both of which were granted within one business day. Executive Director Gramitt informed that one request related to meeting materials and the other related to an advisory opinion. e.) Financial Disclosure: Update on upcoming 2020 filing period Executive Director Gramitt informed that the compliance rate is currently at 93%, with approximately 300 non-filers remaining. He further informed that the investigative staff will soon begin contacting solicitors and various agencies asking them to reach out to non-filers in their communities about filing their 2020 financial statements. Executive Director Gramitt informed the Commission that a summer intern from the University of Rhode Island, Katherine LeBlanc, started working at the Commission today. He stated that she is majoring in political science and journalism. 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: Gregory A. Mancini, a member of the North Kingstown Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing oneself before the North Kingstown Historic District Commission, and/or potentially the North Kingstown Zoning Board of Review, entities over which the Town Council has appointing authority. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission and represented that if the HDC denies his request to construct a shed, he does not intend to appeal. Staff Attorney Popova Papa informed the Commission that when the Petitioner contacted her regarding the Town Council’s upcoming appointments to the Zoning Board of Review in June, she advised him to recuse from said appointments given that it was unclear whether a decision of the HDC would be appealed to the Zoning Board. Commissioner Jones noted that if the Petitioner’s request before the HDC is granted, an appeal by an objector could be problematic. In response to Commissioner Jones, the Petitioner stated that the upcoming appointments are of alternate members of the Zoning Board of Review. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Gregory A. Mancini, a member of the North Kingstown Town Council. Executive Director Gramitt informed the Commission that the stenographer required for an executive session matter has advised of an impending time constraint. He requested that the Commission convene in executive session and then reconvene in open session. At 9:36 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on May 18, 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.) Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). d.) Motion to return to Open Session. At 10:15 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on June 8, 2021. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 8, 2021. The next order of business was: 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 (6-0) to approve the minutes of the Executive Session held on May 18, 2021. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; J. Douglas Bennett; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly Susi. ABSTENTIONS: M. Therese Antone and Timothy Murphy.] 2. Voted (7-0) in the matter of In re: Steven Merolla, Complaint No. 2020-6, to enlarge time for investigation for 60 days. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Timothy Murphy; Kyle P. Palumbo; Matthew D. Strauss; and Holly Susi. ABSTENTION: Lauren E. Jones.] 3. Conducted its annual review of Legal Counsel’s contract. No vote was taken in Executive Session. [Reporter’s Note: Legal Counsel DeSimone was not present for the consideration of this agenda item and returned to the meeting upon reconvening in Open Session.] 4. Unanimously voted (8-0) to return to Open Session. Annual discussion and potential vote re: Legal Counsel’s contract. Chair Quinn expressed gratitude to Legal Counsel DeSimone for his service to the Commission over the past year. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was unanimously VOTED: To renew Legal Counsel DeSimone’s contract for one year at the hourly rate of $165.00. The next order of business was: Advisory Opinions, continued. The next advisory opinion was that of: Michael Crawley, the Director of the Cumberland Parks and Recreation Department, requests an advisory opinion regarding whether the Code of Ethics prohibits him from purchasing land in the Commonwealth of Massachusetts with two individuals in connection with a new business opportunity, given that those individuals annually organize and sponsor a Halloween event at a park owned by the Town of Cumberland, and what restrictions, if any, the Code of Ethics would place upon him in carrying out his public duties under these circumstances. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Bennett, the Petitioner explained his role and duties with the Parks and Recreation Department. He informed that someone calls to request park availability for an event, his secretary handles the request and his involvement is limited to confirming the park’s availability and signing the request. He stated that the paperwork is then sent to the Clerk’s office where the person must also complete an entertainment license application. The Petitioner explained that the paperwork is also forwarded to the Police, Fire, and Public Works Departments as well as to EMS. He stated that the Town Council votes on the entertainment license application and he has no authority over its approval. In further response to Commissioner Bennett, the Petitioner represented that he could further extricate himself from the process by arranging for people to go directly to the Clerk’s office and the Clerk’s office would contact him regarding park availability. In response to Commissioner Bennett, Staff Attorney Popova Papa stated that this alternate process is addressed in footnote one in the draft. In response to Commissioner Palumbo, the Petitioner stated that the Town Council handles enforcement issues or complaints. Chair Quinn inquired whether the language “and/or oversight” could be added to the second to the last paragraph on page 3 of the draft to protect the Petitioner from potential conflicts. Staff Attorney Popova Papa proposed adding language such as “including, but not limited to, the approval of the park rental application for the Halloween event in Cumberland and/or post-entertainment licensing regulation or enforcement, that is likely.” Upon motion made by Commissioner Jones and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to Michael Crawley, the Director of the Cumberland Parks and Recreation Department. The next advisory opinion was that of: John A. Beauregard, a member of the North Smithfield Town Council, requests an advisory opinion regarding what restrictions, if any, the Code of Ethics places upon him in the discharge of his public duties, given the pending appointment of his sister to the position of Deputy Town Clerk by the Town Administrator, subject to approval by the Town Council. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. Upon motion made by Commissioner Antone and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John A. Beauregard, a member of the North Smithfield Town Council. The final advisory opinion was that of: Adam Schatz, who has applied to fill a current vacancy on the Burrillville Zoning Board of Review, requests an advisory opinion regarding what restrictions, if any, the Code of Ethics will place upon him in carrying out his Zoning Board duties if appointed, given that his father-in-law currently serves as the Town’s Building Official. Before presenting the Commission Staff recommendation, Staff Attorney Radiches explained that the Petitioner needed to leave the meeting to attend a business meeting between 10:15 a.m. and 11:00 a.m., after which he hoped to be able to rejoin the Commission’s meeting to be present for consideration of his advisory opinion request but also agreed to have the Commission proceed in his absence. Commissioner Jones expressed concern over the potential conflicts for the Petitioner as a first-time official, if elected, and recommended that he be present to hear from the Commission. Staff Attorney Radiches was allowed to present the draft advisory opinion in the hope that the Petitioner, who had received and presumably read the draft in advance of the meeting, would be present for the discussion following the presentation. Immediately following the presentation, Chair Quinn proposed that the Commission address the next item on the agenda while it waited for the Petitioner. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 11:03 a.m., the Petitioner rejoined the meeting via video linkand was present for the conversation that ensued and to answer questions from the Commissioners. Chair Quinn explained that the Commission wanted to address its concerns with him. Commissioner Jones requested clarification regarding the language in Regulation 1.2.1 and whether the meaning of the term “appears” as reflected in the draft signifies mere “presence” or a more active role. Staff Attorney Radiches stated that Regulation 1.2.1 reads: “appears or presents evidence or arguments” and opined that mere presence does not amount to an appearance. In response to Commissioner Jones, Executive Director Gramitt confirmed that the Commission has interpreted “appears” to mean taking an active role. Commissioner Jones explained his concern with situations in which the Building Official may show up for a matter that becomes contentious and may involve or come before the Zoning Board of Review. Chair Quinn stated that the advisory opinion contained general advice, but that he should return before the Commission if he is appointed. In response to Commissioner Susi, the Petitioner informed that the Zoning Board of Review has five members and two alternates and that he was applying for a position as an alternate. The Petitioner stated that he is seeking this appointment in hopes of giving his time and service to the Town. Commissioner Jones commended the Petitioner for his willingness to serve and cautioned him to be aware of potential issues and conflicts that may arise. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Adam Schatz, who has applied to fill a current vacancy on the Burrillville Zoning Board of Review. At 11:09 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Palumbo, 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 21-59 by Governor Daniel McKee, on May 27, 2021, said relief was extended through June 25, 2021.