Minutes June 20, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 20, 2017 The Rhode Island Ethics Commission held its 8th meeting of 2017 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 20, 2017, 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 John D. Lynch, Jr. Robert A. Salk, Secretary James V. Murray M. Therese Antone Also present were Edmund L. Alves, Jr., Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Jason Gramitt, Education Coordinator/Staff Attorney; 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 Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on June 6, 2017. Upon motion made by Commissioner Murray and duly seconded by Commissioner Antone, it was unanimously VOTED: To approve minutes of the Open Session held on June 6, 2017. 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 two advisory opinions on the agenda were presented together. The first advisory opinion was that of: Cathy Lund, DVM, a member of the Providence Historic District Commission, requests an advisory opinion regarding whether the Code of Ethics prohibits her from simultaneously serving as a member of the Board of Directors of the Providence Preservation Society. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Cheit, the Petitioner explained that she has been a member of the Providence Historic District Commission (“PHDC”) for 15 years and that members of the Board of Directors of the Providence Preservation Society often appear before the PHDC. [Reporter’s note – This advisory opinion was presented and voted on in conjunction with the following opinion.] The second advisory opinion was that of: Kristi Agniel, a member of the Providence Historic District Commission, a municipal appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits her from simultaneously serving as a member of the Board of Directors of the Providence Preservation Society. Staff Attorney Popova Papa explained that this advisory opinion request involves facts identical to those in the above advisory opinion. The Petitioner was not present. Uponmotion made by Commissioner Antone and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue advisory opinions, attached hereto, to Cathy Lund, DVM, and Kristi Agniel, members of the Providence Historic District Commission. Staff Attorney Popova Papa confirmed that the Commission’s vote applies to both Petitioners. The next advisory opinion was that of: Robert V. Russo, Esq., a member of the Johnston Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before the Johnston Zoning Board, over which the Town Council has appointing authority. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with his counsel, Stephen Ucci, Esq. Commissioner Salk stated that he did not see a parallel between the present matter, in which there is an illegal, ancillary use of the subject studio apartment, and the advisory opinions cited in the draft. He also noted that there is no urgency to make this a legal use. The Petitioner explained that the illegal use was created by the prior owners. In response to Commissioner Antone, Attorney Ucci explained that the Petitioner’s hardship is based on his need to appear before the Johnston Zoning Board to request a hardship variance which would allow the Petitioner to occupy and rent the studio apartment. In response to Chair Cheit, the Petitioner stated that he did not anticipate this issue when he purchased the property. However, he invested $40,000 in repairing the distressed property a year and a half ago. He further stated that he did not seek a variance sooner because after he had finished repairs to the front structure he put off doing anything with the studio apartment. Chair Cheit expressed concern with the language in the draft advisory opinion that the Petitioner has already incurred significant expenses, stating that this should not be relevant in the analysis of whether to grant a hardship exception and the draft should be amended to remove this language. In response to Chair Cheit, the Petitioner stated that he did not learn that the second structure was an illegal use until he had already finished repairing the first building and looked into repairing the second one. Commissioner Murray commented that an illegal use would not show up in a title search. Chair Cheit explained that he was comfortable with voting to grant the hardship exception here because the Commission is essentially giving the Petitioner permission to ask someone else for relief due to hardship, with which Commissioner Murray concurred. Chair Cheit noted, however, that the Petitioner should have come before the Commission earlier. Upon motion made by Commissioner Antone and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to Robert V. Russo, Esq., a member of the Johnston Town Council. The next advisory opinion was that of: Christopher K. Lawlor, a member of the Westerly Planning Board, requests an advisory opinion regarding whether he may participate in discussions and decision-making regarding a proposed Airport Protection Overlay District Ordinance, given that he previously owned property that will be impacted by said Ordinance. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Murray and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Christopher K. Lawlor, a member of the Westerly Planning Board. The final advisory opinion was that of: Kim Salerno, a member of the City of Newport Planning Board, requests an advisory opinion regarding whether she may participate in matters before the Planning Board involving the development of boutique hotels, given that in her private capacity she is an architectural designer who is working with the developers of a particular boutique hotel proposal in Newport. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Antone and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kim Salerno, a member of the City of Newport Planning Board. The next order of business was: Director’s Report. Executive Director Willever reported that there were five (5) complaints, nine (9) advisory opinions, and one (1) litigation matter pending. He stated that ten (10) APRA requests were received since the last meeting, nine (9) of which were granted within one business day and one (1) was granted in two (2) business days. The next order of business was: Executive Session. At 9:45 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Murray, it was unanimously VOTED: To go into Executive Session, to wit: 1.Motion to approve the minutes of the Executive Session held on June 6, 2017. 2. In re: Christopher Willi, Complaint No. 2017-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Christopher Willi, Complaint No. 2017-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 5. Discussion of personnel matter pursuant to R.I. Gen. Laws § 42-46-5(a)(1). 6. Motion to return to Open Session. Before convening in Executive Session, Chair Cheit noted that the individual affected by the personnel matter has received notice of and waived the right to have the discussion held in Open Session. The Commission reconvened in Open Session at 10:19 a.m. The next order of business was: Motion to seal minutes of Executive Session held on June 20, 2017. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Murray, it was unanimously VOTED: To seal minutes of the Executive Session held on June 20, 2017. 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. Unanimously voted (5-0) to approve the minutes of the Executive Session held on June 6, 2017. 2.Unanimously voted (5-0) in the matter of In re: Christopher Willi, Complaint Nos. 2017-4 and 2017-5, to grant a Motion to Consolidate said matters. 3. Unanimously voted (5-0) to initially determine that the facts alleged in In re: Christopher Willi, Complaint Nos. 2017-4 and 2017-5, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 4.Received a litigation update in the matter of Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. 5. Discussed a personnel matter involving Legal Counsel. Attorney Alves has consented to public disclosure of what took place in Executive Session. The consensus of the Commission was to refer the matter to the Department of Administration for an opinion regarding and application of the certification clause in Legal Counsel’s contract. This process was suggested by Attorney Alves. Both parties agreed to be bound by the outcome and that the outcome will be made public. The next order of business was: Discussion of Legal Counsel Contract Chair Cheit informed that Legal Counsel Alves’ contract expires at the end of June and he will not be seeking reappointment. Staff Attorney D’Arezzo outlined the process for advertising for new Legal Counsel. She informed that, in the past, the Commission has appointed a Personnel Subcommittee to handle the application and selection process, which would include interviewing candidates and making recommendations to the full Commission. Chair Cheit appointed Commissioner Quinn as Chair of a Personnel Subcommittee. Chair Cheit also appointed Commissioners Murray and Lynch. Chair Cheit stated that he believed that the Commission could have new legal counsel in place by the second meeting in September 2017. Chair Cheit thanked Legal Counsel Alves for his service to the Commission for the past seven (7) years, and commended Legal Counsel Alves for his excellent and professional legal advice. Chair Cheit stated that he has learned a great deal from Legal Counsel Alves’ guidance. The final order of business was: New Business. There was no new business. At 10:25 a.m., upon motion made by Commissioner Antone and duly seconded, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________Robert A. Salk Secretary