Minutes July 17, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION July 17, 2018 The Rhode Island Ethics Commission held its 13th meeting of 2018 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, July 17, 2018, 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 M. Therese Antone Marisa A. Quinn, Vice Chair J. Douglas Bennett Robert A. Salk, Secretary Arianne Corrente The following Commissioner(s) were not present: John D. Lynch, Jr.; Timothy Murphy; and James V. Murray. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior 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 19, 2018. Upon motion made by Commissioner Antone and duly seconded by Commissioner Bennett, it was VOTED: To approve the minutes of the Open Session held on June 19, 2018. AYES: M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Robert A. Salk; and Ross Cheit. ABSTENTIONS: Marisa A. Quinn. 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: Teresa Bartomioli, a member of the North Smithfield Town Council, who in her private capacity is the President and co-owner of North Smithfield Fence, Inc., requests an advisory opinion regarding whether her company may continue to provide estimates or submit bids to perform work for the Town of Smithfield and/or its various departments. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and stated that her company has been performing work for the Town since 2005. In response to Chair Cheit, the Petitioner informed that she was appointed in December 2017 due to a vacancy on the Town Council. She informed that at times she receives calls from the Town to perform repairs on work her company has already done, and the Town does not put such work out to bid because its falls under $5,000. In response to Chair Cheit, Staff Attorney Popova Papa stated that for repair work the Town calls the Petitioner and two other companies to get estimates and issues a purchase order. She explained that this creates a new contract for repairs which would be subject to section 36-14-5(h) of the Code. The Petitioner explained that, in her industry, most companies will not perform repairs if they did not do the underlying work. In response to Commissioner Corrente, the Petitioner stated that she was aware of the Code of Ethics and that she could not perform work for the Town but, now that she is running for election, she would like a formal advisory opinion as to whether she can respond to the Town’s requests for repairs to work previously performed. In response to Commissioner Quinn, Staff Attorney Popova Papa explained that the Petitioner’s position on the Town Council is an elected one, but she was appointed due to a vacancy. Discussion ensued regarding the Petitioner as an appointed official serving in an elected position. In response to Chair Cheit, Executive Director Gramitt explained that the Commission has interpreted Commission Regulation 36-14-5014 to apply to those elected in a general election and those appointed as school committee members, not to Town Council members appointed due to a vacancy. He further explained that section 36-14-2(10) defines a state and municipal elected official as one holding office pursuant to an election. Staff Attorney Popova Papa informed that, if and when she is elected, the Petitioner will be subject to both Regulation 5014 and section 5(h). She also stated that section 5(h) applies with respect to to all state and municipal agencies, not just North Smithfield. Commissioner Salk stated that there should be a change in the rule such that persons appointed to elected offices are subject to the same requirements as elected officials. In response to Commissioner Bennett, Staff Attorney Popova Papa stated that the draft advisory opinion applies to the Petitioner as an appointed official. Commissioner Bennett inquired whether the Petitioner should return for another advisory opinion if she is elected. Chair Cheit responded in the affirmative, adding that this advisory opinion speaks to the Petitioner’s current status. Upon motionmade by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Teresa Bartomioli, a member of the North Smithfield Town Council. The next advisory opinion was that of: André Boudreau, a member of the New Shoreham Town Council serving as the Second Warden, requests an advisory opinion regarding whether he may participate in the Town Council’s decision-making relative to issuance of a Hawkers and Peddlers License to an applicant who operates a food truck on Block Island, given that the Petitioner also operates a food truck on Block Island. Executive Director Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Executive Director Gramitt explained that there were three separate Town Council members claiming to have a conflict and asking to invoke the Rule of Necessity. He further explained that the Petitioner did not appear to have a conflict and, therefore, the Rule of Necessity did not apply and the advisory opinion was drafted only as to the Petitioner. In response to Commissioner Quinn, Executive Director Gramitt stated that the Petitioner has been recusing on other license renewal applications, but an issue arose in this instance with Ms. Payne’s application because two other Town Council members have recused. Upon motionmade by Commissioner Quinn and duly seconded, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to André Boudreau, a member of the New Shoreham Town Council serving as the Second Warden. The next advisory opinion was that of: Christopher Willi, a member of the New Shoreham Town Council, a municipal elected position, requests an advisory opinion as to whether, upon recusal, he may attend and speak at public hearings before the New Shoreham Town Council and/or other New Shoreham Town Boards regarding a proposed “Town Employee Housing Initiative” that would be developed on a property that directly abuts his personal residence. 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 she had spoken with the Petitioner regarding this advisory opinion and he had no questions or concerns. Upon motionmade by Commissioner Salk and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Christopher Willi, a member of the New Shoreham Town Council. The final advisory opinion was that of: Anthony Pesare, the Chief of the Middletown Police Department, a municipal appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits him from working, in his private capacity, as a part-time instructor with Blue Aid Consulting teaching a course in Mental Health First Aid for Public Safety at the New England State Police Information Network. At 9:35 a.m., Commissioner Antone recused and left the hearing room. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Anthony Pesare, the Chief of the Middletown Police Department. At 9:40 a.m., Commissioner Antone returned to the hearing room. Executive Session. At 9:40 a.m., uponmotion made by Commissioner Antone and duly seconded by Commissioner Quinn, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on June 19, 2018, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 2. In re: Arthur Capaldi, Complaint No. 2018-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: David M. Gleason, Complaint No. 2018-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. In re: Gayle Corrigan, Complaint No. 2017-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 5. Motion to return to Open Session. Commissioner Antone left the meeting during Executive Session. The Commission reconvened in Open Session at 10:41 a.m. without Commissioner Antone present. The next order of business was: Motion to seal minutes of Executive Session held on July 17, 2018. Upon motion made and duly seconded, it was unanimously VOTED: To seal the minutes of the Executive Session held on July 17, 2018. 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 June 19, 2018. [Reporter’s Note: The vote was as follows: AYES: M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Robert A. Salk; and Ross Cheit. ABSTENTIONS: Marisa A. Quinn.] 2. Voted (3-2) in the matter of In re: Arthur Capaldi, Complaint No. 2018-2, to find that probable cause does not exist to believe that the Respondent violated the Code of Ethics and to dismiss the Complaint. [Reporter’s Note: The vote was as follows: AYES: Arianne Corrente; Robert A. Salk; and Marisa A. Quinn. NOES: J. Douglas Bennett and Ross Cheit.] 3. Unanimously voted (5-0) in the matter of In re: David M. Gleason, Complaint No. 2018-9, 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 an investigation. 4. Unanimously voted (5-0) in the matter of In re: Gayle Corrigan, Complaint No. 2017-11, to enlarge time for investigation for sixty days. The next order of business was: Update and discussion concerning increasing public access to financial disclosure statements, including consideration of online access to financial disclosure statements through the Ethics Commission’s website. Executive Director Gramitt informed that the legislative session has ended with no action taken on the bill requiring the online posting of financial disclosure statements. He stated that the House passed the bill with no amendments proffered. Executive Director Gramitt explained that, in 2016, the response to a public hearing regarding the online posting of financial disclosure statements was underwhelming as privacy concerns were more paramount at that time. In contrast, more recently, the press has been critical of the Ethics Commission for not making financial statements accessible online with the greater concern being transparency. Executive Director Gramitt informed that he met with DoIT and the Commission’s IT vendor to discuss the Commission’s options: (1) a short-term solution at little cost; or (2) a long-term, more robust solution. He noted that the Commission does not have to wait for the General Assembly to pass a bill in this regard, and he asked that the Commission allow him to proceed with its IT vendor to implement an online process for access to financial disclosure statements. In response, Chair Cheit stated that the Executive Director should be able to make these decisions. In response to Commissioner Corrente, Executive Director Gramitt stated that the Commission does not redact financial disclosure statements. He explained that if the Commission makes the statements accessible online, thereafter the General Assembly may respond legislatively if it believes that redaction is necessary. Chair Cheit stated that it will be good to have Executive Director Gramitt take control of this matter and report back to the Commission with occasional updates. Director’s Report: Status report and updates. a.) Complaints and investigations There are ten (10) substantive complaints pending. b.) Advisory opinions There are eight (8) advisory opinions pending. Executive Director Gramitt explained that the Staff has been working proactively with petitioners where the answers to their advisory opinion requests are clear. c.) Financial Disclosure We are now moving into the candidate filing period. The declaration period expired on June 27, 2018, and candidates have 30 days from their declaration date to file their financial disclosure statements. Executive Director Gramitt explained that the Secretary of State’s Office sends us a list of those who have declared their candidacy, and the Commission Staff must filter through those names and remove any who are not required to file financial disclosure statements or have already filed. The remaining number of those who are required to file is 495 and July 27, 2018, is their filing deadline. Commissioner Quinn proposed an informational call-in procedure or a workshop session for first-time filers with questions regarding completing their statements. Executive Director Gramitt explained that the Staff sends a letter to candidates in which they are encouraged to contact our office for any questions or help, and the Staff receives training every year to be able to answer financial disclosure questions. Chair Cheit commented that a webinar might be an effective way to proceed, especially for those persons who will not ask their own questions but would likely listen to questions raised by others. d.) Personnel Update on filling Staff Attorney IV position. Executive Director Gramitt stated that, although some good candidates applied, the Commission only received about 30 applications when it normally receives many more. He stated that the low number of applications may be indicative of the time of year or because of the specialized skills that were posted as part of the position, such as public speaking and knowledge about and comfort with technology. He explained that those who already applied are still under consideration, but the job posting has been extended for an additional week until Sunday, July 22, 2018. Executive Director Gramitt stated that he hopes to fill the position by the next Commission meeting. e.) Regulations Update on proposed rulemaking to amend Regulation 1006. There will be a public workshop at the Commission’s next meeting regarding Regulation 1006. Thus far, there has not been an overwhelming response to the request for written comments. f.) Access to Public Records Act requests since last meeting Fifteen (15) APRA requests were received since the last meeting, fourteen (14) of which were granted within one (1) business day, and one (1) was granted within ten (10) days as it required the retrieval of documents from off-site storage. The final order of business was: New Business. Chair Cheit stated that the issue of voluntary filers needs to be addressed. In response to Chair Cheit, Executive Director Gramitt stated that it is not apparent to the Staff if a person files voluntarily. Commissioner Corrente raised the issue of persons appointed to elected positions. Executive Director Gramitt informed that the Staff will work on amending Regulation 5014. Commissioner Salk noted that municipal court judges should be required to file financial disclosure statements. Executive Director Gramitt stated that he is working to bring to the General Assembly proposed changes to the financial disclosure statutory mandate. At 11:01 a.m., upon motion made by Commissioner Quinn and duly seconded by Commissioner Salk, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary