Minutes June 18, 2019 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 18, 2019 The Rhode Island Ethics Commission held its 8th meeting of 2019 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, June 18, 2019, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State. The following Commissioners were present: Ross Cheit, Chair Kyle P. Palumbo Marisa A. Quinn, Vice Chair Robert A. Salk* Arianne Corrente, Secretary Emili B. Vaziri M. Therese Antone The following Commissioner(s) were not present: J. Douglas Bennett and Timothy Murphy. 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 Chair opened the meeting. The first order of business was: Administrationof Oath of Office to Kyle P. Palumbo. Chair Cheit administered the Oath of Office to Commissioner Palumbo. Chair Cheit welcomed Commissioner Palumbo as the newest member of the Commission and noted that all vacancies have now been filled. The next order of business was: Approval of minutes of the Open Session held on May 21, 2019. Commissioner Quinn noted that the minutes do not reflect that she left early from the May 21, 2019 meeting and did not participate in the vote to approve the Informal Resolution and Settlement in In re: Daniel McKee. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on May 21, 2019, as amended. AYES: Ross Cheit; Arianne Corrente; Marisa A. Quinn; Robert A. Salk; and Emili B. Vaziri. ABSTENTIONS: M. Therese Antone and Kyle P. Palumbo. 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: Anastasia P. Williams, a legislator serving in the House of Representatives, who is also employed as a Compliance Officer at First Source Providence, requests an advisory opinion regarding whether the Code of Ethics prohibits her from applying for and receiving a loan made available through the Providence Business Loan Fund. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. *Commissioner Salk arrived at 9:06 a.m. In response to Commissioner Quinn, the Petitioner informed that the Providence Business Loan Fund is federally funded, and the state does not provide any funding. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was VOTED: To issue an advisory opinion, attached hereto, to Anastasia P. Williams, a legislator serving in the House of Representatives, who is also employed as a Compliance Officer at First Source Providence. AYES: Ross Cheit; M. Therese Antone; Arianne Corrente; Kyle P. Palumbo; Marisa A. Quinn; and Emili B. Vaziri. ABSTENTIONS: Robert A. Salk. The next advisory opinion was that of: The Honorable Allan W. Fung, Mayor of the City of Cranston, requests an advisory opinion regarding whether the Code of Ethics prohibits him from filling in as a talk show host at a local radio station. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Quinn, the Petitioner informed that the radio station entity does not have any contracts with the City and, thus, it would not likely appear before the City or any of its agencies unless it were looking to purchase property and relocate to Cranston, which is remote and speculative. In further response to Commissioner Quinn, the Petitioner explained that when he takes vacations or personal time, he designates someone, usually the Director of Administration, to be in charge in his absence, but the Petitioner is always available 24 hours a day, seven days per week. He represented that he does not discharge personal or vacation time when he is absent. Chair Cheit noted that the use of “account” on page three of the draft advisory opinion in the sentence “he will be required to account for any time spent at the radio station, or in preparation therefor” may imply that he does not account for his time in any way. Staff Attorney Radiches proposed replacing “account” with “document” instead, and the Commission agreed. In response to Commissioner Salk, the Petitioner explained that the radio station advertisers contract with the station directly to advertise and not with the Petitioner or the City. He further explained that the talk show is not his talk show and he will only fill in as a host on occasion. In response to Commissioner Palumbo, the Petitioner stated that he will host the talk show on an on-call basis and has no obligation to do so. In response to Commissioner Quinn, Executive Director Gramitt stated that the draft advisory opinion is based on the Petitioner’s current representation that he has not declared candidacy for any public office. Executive Director Gramitt added that if the Petitioner declares candidacy for public office in the future, he will be required to return to the Commission for an advisory opinion based on those facts. In response to Chair Cheit, the Petitioner stated that, for purposes of this advisory opinion, he does not intend to declare candidacy for any public office in the foreseeable future, but if he does, he will seek further guidance from the Commission. Upon motion made by Commissioner Salk and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to The Honorable Allan W. Fung, Mayor of the City of Cranston. The next advisory opinion was that of: John F. Ward, Finance Director for the Town of Lincoln, requests an advisory opinion regarding what conflicts of interest exist under the Code of Ethics, if any, and what prohibitions or limitations are imposed upon him in carrying out his current duties, given that the Town has a customer relationship with The Valley Breeze newspaper, for which his brother works as an independent contractor. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Antone and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John F. Ward, Finance Director for the Town of Lincoln. The final advisory opinion was that of: Janice Ruggieri, a member of the Cranston School Committee, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in teachers’ contract negotiations, given that in her private capacity she is employed at a child daycare facility owned by two teachers in the Cranston public school system. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Chair Cheit, Staff Attorney Popova Papa informed that the Petitioner could not attend the meeting but represented that she received the draft and will abide by the Commission’s decision. In further response to Chair Cheit, Staff Attorney Popova Papa explained that the facts in Advisory Opinion 2002-66 cited in the draft are similar to those in the instant matter. In further response to Cheit Cheit, Executive Director Gramitt stated that the Commission has previously applied the class exception analysis in the nepotism context. He explained that there is no precedent precisely on point for these facts but the analysis here is the same. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Janice Ruggieri, a member of the Cranston School Committee. The next order of business was: Adjudications. In re: Philip Bongiovanni, Complaint No. NF2018-1. The hearing was stenographically recorded and a transcript of the proceeding will be available at the Commission’s Office. Commission Prosecutor Giusti represented the People of the State of Rhode Island. The Respondent, Philip Bongiovanni, was not present. Chair Cheit read the Commission’s Finding of Probable Cause. Commission Prosecutor Giusti presented the case to the Commission. Copies of the Prosecution’s exhibits were distributed to the Commission members. Commission Prosecutor Giusti summarized the evidence contained in the exhibits and then moved to admit Prosecution’s Exhibit 1, the affidavit of Michelle Berg, Ethics Commission Financial Disclosure Officer, along with six attachments into evidence. Chair Cheit granted the motion and Exhibit 1 was admitted as a full exhibit. Commission Prosecutor Giusti also moved to admit Prosecution’s Exhibit 2, the affidavit of Steven T. Cross, Ethics Commission Investigator, along with four attachments into evidence. Chair Cheit granted the motion and Exhibit 2 was admitted as a full exhibit. Commission Investigator Cross was sworn in and responded to questions from the Commission. The Commission deliberated in Open Session. The discussion turned to the imposition of a civil penalty. In response to Chair Cheit, Commission Prosecutor Giusti recommended a $500 civil penalty. Discussion ensued. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was VOTED: That the Respondent, Philip Bongiovanni, committed a knowing and willful violation of R.I. Gen. Laws § 36-14-16 by failing to timely file a 2017 Financial Disclosure Statement with the Ethics Commission. AYES: Ross Cheit; M. Therese Antone; Arianne Corrente; Kyle P. Palumbo; Marisa A. Quinn; and Robert A. Salk. NOES: Emili B. Vaziri. Upon motion made by Commissioner Salk and duly seconded by Commissioner Antone, it was VOTED: To impose a civil penalty in the amount of $500. AYES: Ross Cheit; M. Therese Antone; Arianne Corrente; Kyle P. Palumbo; Marisa A. Quinn; and Robert A. Salk. NOES: Emili B. Vaziri. The next adjudication was: In re: Paige Spink, Complaint No. NF2018-2 The hearing was stenographically recorded and a transcript of the proceeding will be available at the Commission’s Office. Commission Prosecutor Popova Papa represented the People of the State of Rhode Island. The Respondent, Paige Spink, was not present. Chair Cheit read the Commission’s Finding of Probable Cause. Commission Prosecutor Popova Papa presented the case to the Commission. Copies of the Prosecution’s exhibits were distributed to the Commission members. Commission Prosecutor Popova Papa summarized the evidence contained in the exhibits and then moved to admit Prosecution’s Exhibit 1, the affidavit of Michelle Berg, Ethics Commission Financial Disclosure Officer, along with five attachments into evidence. Chair Cheit granted the motion and Exhibit 1 was admitted as a full exhibit. Commission Prosecutor Popova Papa also moved to admit Prosecution’s Exhibit 2, the affidavit of Steven T. Cross, Ethics Commission Investigator, along with five attachments into evidence. Chair Cheit granted the motion and Exhibit 2 was admitted as a full exhibit. In response to Commissioner Palumbo, Commission Prosecutor Popova Papa explained that the Staff filed complaints against all non-filers for calendar year 2017 only. She further explained that the Respondent did not file a financial statement for calendar year 2016 and is required to do so. In response to Chair Cheit, Commission Prosecutor Popova Papa recommended a civil penalty in the amount of $500. Commission Investigator Cross and Financial Disclosure Officer Berg were sworn in and responded to questions from the Commission. The Commission deliberated in Open Session. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: That the Respondent, Paige Spink, committed a knowing and willful violation of R.I. Gen. Laws § 36-14-16 by failing to file a 2017 Financial Disclosure Statement with the Ethics Commission. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To impose a civil penalty in the amount of $500. Executive Session. At 10:12 a.m., uponmotion made by Commissioner Corrente and duly seconded by Commissioner Antone, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve minutes of Executive Session held on May 21, 2019, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 2. In re: Peter Drouin, Complaint No. 2019-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 3. In re: Sarah Markey, Complaint No. 2019-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 4. In re: Jonathan N. Savage, Complaint No. 2019-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 5. Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). Chair Cheit noted that Legal Counsel received statutory notice of his right to have the discussion held in Open Session and waived that right. 6. 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). 7. Motion to return to Open Session. At 11:16 a.m., the Commission reconvened in Open Session. The next order of business was: Report on actions taken in Executive Session. Chair Cheit reported that the Commission took the following actions in Executive Session: 1. Voted (5-0) to approve the minutes of the Executive Session held on May 21, 2019, as amended. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; Arianne Corrente; Marisa A. Quinn; Robert A. Salk; and Emili B. Vaziri. ABSTENTIONS: M. Therese Antone and Kyle P. Palumbo.] 2. Voted (7-0) in the matter of In re: Peter Drouin, Complaint No. 2019-8, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and to authorize a full investigation. 3. Voted (7-0) in the matter of In re: Sarah Markey, Complaint No. 2019-9, to initially determine that, as to the December 11, 2018 and February 12, 2019 South Kingstown School Committee meetings, the facts alleged in the Complaint, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and to authorize a full investigation. 4. Voted (5-0) in the matter of In re: Jonathan N. Savage, Complaint No. 2019-6, to enlarge time for investigation for 60 days. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; M. Therese Antone; Arianne Corrente; Marisa A. Quinn; and Emili B. Vaziri. RECUSALS: Kyle P. Palumbo and Robert A. Salk.] 5. Engaged in its annual discussion and review of Legal Counsel’s contract. 6. Received a litigation update in Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088. Commissioner Corrente left the meeting at 11:14 a.m. The next order of business was: Motion to seal minutes of Executive Session held on June 18, 2019. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 18, 2019. The next order of business was: Annual discussion and potential vote re: Legal Counsel’s contract. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To renew Legal Counsel Herbert F. DeSimone’s contract. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations There are nine complaints pending, which include eight conflict of interest cases and one financial disclosure case. b.) Advisory opinions There are eight advisory opinions pending. c.) Access to Public Records Act requests since last meeting Fifteen APRA requests were received since the last meeting, all of which were granted within one business day. At 11:20 a.m., upon motion made by Commissioner Salk and duly seconded by Commissioner Antone, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Arianne Corrente Secretary