Minutes July 14, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION July 14, 2020 The Rhode Island Ethics Commission remotely conducted its 8th meeting of 2020 in Zoom webinar format at 9:00 a.m. on Tuesday, July 14, 2020, 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 Timothy Murphy Arianne Corrente, Vice Chair Robert A. Salk M. Therese Antone* Emili B. Vaziri J. Douglas Bennett The following Commissioner was not present: Kyle P. Palumbo, Secretary. 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 Peter J. Mancini and Gary V. Petrarca. At 9:03 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 explained that the Zoom webinar format is consistent with the Governor’s most recent executive order, which continues to allow public bodies to conduct meetings remotely. He stated that the materials for today’s meeting are available on the Commission’s website. Executive Director Gramitt reviewed the webinar format and informed the public that anyone may call the Commission during the meeting for assistance with technical questions or issues. Executive Director Gramitt stated that, at the end of Open Session, the Commission will convene Executive Session in a separate webinar meeting to which the respondents will receive access, after which the Commission will return to Open Session to provide a live report on all actions taken in Executive Session. Chair Quinn noted that after she reports on all actions taken in Executive Session, the Commission will vote on Legal Counsel’s contract. Executive Director Gramitt stated that a written report of all actions taken in Executive Session will be published and available on the Commission’s website after the meeting ends. Copies of the written report can be also requested by calling the Commission at (401) 222-3790 or emailing ethics.email@ethics.ri.gov. *At 9:07 a.m., Commissioner Antone joined the meeting. The next order of business was: Approval of minutes of the Open Session held on June 2, 2020. Commissioner Murphy requested that page four of the draft minutes be amended relative to discussion of the Honorable Erin Lynch Prata’s advisory opinion. Commissioner Murphy asked the Staff to add that he responded to Attorney Flanagan that he interpreted his comment to mean that § 36-14-5(n)(3)’s exception did not apply in this case. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was VOTED: To approve the minutes of the Open Session held on June 2, 2020, as amended. AYES: Marisa A. Quinn; Arianne Corrente; M. Therese Antone; J. Douglas Bennett; Timothy Murphy; and Emili B. Vaziri. ABSTENTION: 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 recapped changes in office operations and procedures during the current crisis. He noted that, although the office is closed to in-person visits by the public, it continues to operate through phone and email communications. He also stated that about ¾ of the staff teleworks daily and those working in the office exercise social distancing and wear masks. Executive Director Gramitt informed that he has extended the change in operations policy through the next Commission meeting on August 18, 2020. b.) Complaints and investigations pending There are nine complaints pending, seven of which are substantive matters and two of which are related to financial disclosure. c.) Advisory opinions pending There are seven advisory opinions pending, including four on today’s agenda. Executive Director Gramitt stated that for every advisory opinion on an agenda the Staff provides informal guidance to about four individuals, obviating their need for advisory opinions. d.) Access to Public Records Act requests since last meeting There were 11 APRA requests received since the last meeting, ten of which were granted within one business day. One request required more research but was still granted within the 10-day statutory period. e.) Financial Disclosure Executive Director Gramitt stated that this is an election year and all candidates were required to declare their candidacy by June 24, 2020. He informed that of the 3,100 individuals who declared for elective office, the Staff has filtered the number of individuals required to file financial disclosure down to about 900 candidates, about half of whom have already done so due to holding another position. The filing deadline for candidates is July 24, 2020. In response to Chair Quinn, Executive Director Gramitt informed that the Workshare Program is voluntary and employees who opted to participate take 2 of 5 workdays off without pay, for which they can collect unemployment insurance, which currently includes the $600 weekly bonus. He advised that two Commission staff members are participating, a third employee is on medical leave, and the remaining staff is taking on the additional duties. In response to Chair Quinn, Executive Director Gramitt stated that the Commission’s next meeting, scheduled for August 18, 2020, will also be held remotely via Zoom, and he expects that the Governor will extend the current Executive Order. 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: David W. Fish, former Administrator of Project Management for the Rhode Island Department of Transportation, requests an advisory opinion regarding the application of the revolving door provisions of the Code of Ethics to his impending employment with a private engineering firm. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission, informing that he had reviewed the advisory opinions cited in the instant draft and will conform to the guidance set forth therein. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to David W. Fish, former Administrator of Project Management for the Rhode Island Department of Transportation. The next advisory opinion was that of: Matthew McGeorge, AIA, LEED AP, a member of the East Greenwich Historic District Commission, who in his private capacity is an architect, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before his own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner could not be present due to a family matter. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Matthew McGeorge, AIA, LEED AP, a member of the East Greenwich Historic District Commission, who in his private capacity is an architect. The next advisory opinion was that of: Timothy T. More, who serves as a member of an advisory finance committee and property committee for the Paul Cuffee School, a Rhode Island public charter school, and who in his private capacity is an attorney, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places on his ability to accept financial compensation for providing legal services to the Paul Cuffee School at the request of its Board of Trustees. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Radiches informed that the Petitioner recently provided her with additional information relevant to the advisory opinion, namely, that the Board’s vote to retain his services was conditioned upon him resigning from the finance committee, which he did, and that he never served on the property committee. In response to Chair Quinn, Executive Director Gramitt explained that the Commission could decide not to issue the advisory opinion based on the Petitioner’s additional representations and the inapplicability of the Code to these circumstances, or it could proceed. Staff Attorney Radiches informed the Commission that the Petitioner represented that his employment with the Paul Cuffee School was conditioned upon his receipt of this opinion. Commissioner Bennett added that the Petitioner will have this opinion as guidance if he decides to return to his former position at some time in the future. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Timothy T. More, who serves as a member of an advisory finance committee and property committee for the Paul Cuffee School, a Rhode Island public charter school, and who in his private capacity is an attorney. The final advisory opinion was that of: Bonnita B. Van Slyke, a member of the Charlestown Town Council, requests an advisory opinion regarding whether she may attend and speak at a public hearing before the Charlestown Planning Commission regarding the proposed subdivision of property that directly abuts her personal residential property. 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 Salk, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Bonnita B. Van Slyke, a member of the Charlestown Town Council. 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. At 9:35 a.m., upon motion made by Commissioner Corrente and duly seconded by Commissioner Salk, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on June 2, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Janice McClanaghan, Complaint No. 2019-15, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Michael Vendetti, Complaint No. 2019-16, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Chris Mannix, Complaint No. 2019-17, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: Natalie McDonald, Complaint No. 2019-18, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) In re: Leonidas Raptakis, Complaint No. 2020-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). g.) In re: James H. Brady, Jr., Complaint No. 2020-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). h.) Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). Chair Quinn informed that Legal Counsel DeSimone had been notified of and waived his statutory right to have this matter discussed in Open Session. i.) 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). j.) Motion to return to Open Session. Executive Director Gramitt reminded that, following Open Session, there will be a separate meeting for Executive Session. He informed that while Executive Session is in progress, anyone who attempts to log back into Open Session will see a message that the host is in another meeting. He stated that if anyone chooses not to wait for Open Session to reconvene, a report of actions taken in Executive Session will be posted on the Commission’s website and may also be obtained by calling the Commission office. At 10:59 a.m., the Commission reconvened in Open Session. Commissioner Antone was not present. 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 June 2, 2020. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; M. Therese Antone; J. Douglas Bennett; Timothy Murphy; and Emili B. Vaziri. ABSTENTION: Robert A. Salk.] 2. Unanimously voted (7-0) to consolidate the matters of In re: Janice McClanaghan, Complaint No. 2019-15, In re: Michael Vendetti, Complaint No. 2019-16, In re: Chris Mannix, Complaint No. 2019-17, and In re: Natalie McDonald, Complaint No. 2019-18, for a probable cause hearing. As an initial matter, the Commission unanimously voted (7-0) to grant the prosecution’s request for leave to amend its Investigative Reports in the aforesaid matters and to substitute the amended Investigative Reports for publication. With respect to each matter, the Commission unanimously voted (7-0) that there does not exist probable cause to believe that the Respondent knowingly and willfully violated the Code of Ethics and dismissed the Complaint with prejudice. Written Decisions and Orders, explaining the basis for the Commission’s votes, are being prepared by the Commission’s Legal Counsel and will be released along with copies of the prosecutors’ amended Investigative Reports. 3. Unanimously voted (7-0) in the matter of In re: Leonidas Raptakis, Complaint No. 2020-2, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a violation of the financial disclosure mandate and to authorize an investigation. 4. Unanimously voted (6-0) in the matter of In re: James H. Brady, Jr., Complaint No. 2020-3, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a violation of the Code of Ethics and to authorize an investigation. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; Douglas Bennett; Timothy Murphy; Robert A. Salk; and Emili B. Vaziri.] 5. Conducted its annual discussion and review of Legal Counsel’s contract. No vote was taken in Executive Session. 6. Received a litigation update in Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088. 7. Unanimously voted (6-0) to return to Open Session. The next order of business was: Motion to seal minutes of Executive Session held on July 14, 2020. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on July 14, 2020. The next order of business was: Annual discussion and potential vote re: Legal Counsel’s contract. Reporter’s Note: The Commission discussed and reviewed Legal Counsel’s contract in Executive Session.] Upon motion made by Commissioner Murphy and duly seconded by Commissioner Corrente, it was unanimously VOTED: To renew Legal Counsel DeSimone’s contract for one year under the current terms. Chair Quinn thanked Legal Counsel DeSimone for his hard work. Legal Counsel DeSimone commented that he was looking forward to another year of service for the Commission. At 11:03 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Bennett, it was unanimously VOTED: To adjourn the 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 20-46 on June 12, 2020, which, in part, continued to relieve 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. On July 10, 2020, the Governor issued Executive Order 20-53, which extended Order 20-46 through August 9, 2020.