Minutes August 18, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION August 18, 2020 The Rhode Island Ethics Commission remotely conducted its 10th meeting of 2020 in Zoom webinar format at 9:00 a.m. on Tuesday, August 18, 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 J. Douglas Bennett Arianne Corrente, Vice Chair Timothy Murphy Kyle P. Palumbo, Secretary Robert A. Salk M. Therese Antone Emili B. Vaziri 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 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, after Open Session adjourns, the Commission will convene Executive Session in a separate webinar meeting after which the Commission will return to Open Session to provide a live report on all actions taken in Executive Session. 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. The next order of business was: Approval of minutes of the Open Session held on July 14, 2020. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on July 14, 2020. AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Robert A. Salk; and Emili B. Vaziri. ABSTENTION: Kyle P. Palumbo. The next order of business was: Approval of minutes of the Open Session held on July 29, 2020. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Antone, it was VOTED: To approve the minutes of the Open Session held on July 29, 2020. AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; Robert A. Salk; and Emili B. Vaziri. ABSTENTION: Timothy Murphy. 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 the temporary changes in office procedures in response to COVID-19 remain in effect, with the majority of staff teleworking and 2-3 staff members in the office daily. He informed that these temporary procedures are being reviewed on a month-to-month basis and will continue through September 2020. Executive Director Gramitt further informed that the Governor has issued an executive order allowing remote meetings to continue through September 9, 2020. He noted that remote meetings have been successful with a higher attendance by Commissioners and members of the public and expects that said meetings will continue for the next few months. b.) Complaints and investigations pending There are six complaints pending. Executive Director Gramitt informed that the moratorium for accepting new complaints against declared candidates went into effect on August 5, 2020, and it will remain in effect through November 3, 2020. c.) Advisory opinions pending There are seven advisory opinions pending, with five noticed on today’s meeting agenda. d.) Access to Public Records Act requests since last meeting There were 13 APRA requests received since the last meeting, all of which were granted within one business day. Nine of the requests were related to financial disclosure, three were related to recusal forms filed by officials, and one was related to the report of actions taken during the last Executive Session. e.) Financial Disclosure, update on 2019 filings Executive Director Gramitt stated that the 2019 financial disclosure season is winding down. He informed that the compliance percentage rate for online filing is in the 90s, the highest it has ever been. He noted that some candidates still need to file. 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: The Honorable Ryan Pearson, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether he may participate in Senate discussions and voting relative to the FY2021 State Budget, given his private employment with a lending institution that could be financially impacted by certain line item budget appropriations. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via audio link. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Ryan Pearson, a legislator serving as a member of the Rhode Island Senate. The next advisory opinion was that of: James E. Toner, the former Senior Projects Review Coordinator for the Rhode Island Historical Preservation & Heritage Commission, requests an advisory opinion regarding the application of the revolving door provisions of the Code of Ethics to his potential employment with a private cultural resources firm. Staff Attorney Radiches informed that the Petitioner could not join today’s meeting due to illness but wished for the Commission to proceed in his absence. She presented the Commission Staff recommendation. In response to Chair Quinn’s inquiry regarding the Petitioner’s response to the draft advisory opinion, Staff Attorney Radiches stated that the Petitioner received the advisory opinion but did not provide any comments as to its substance. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to James E. Toner, the former Senior Projects Review Coordinator for the Rhode Island Historical Preservation & Heritage Commission. The next advisory opinion was that of: Jason E. Licciardi, Sr., a member of the West Warwick Town Council, requests an advisory opinion regarding whether he may appear before the West Warwick Planning Board, the West Warwick Zoning Board of Review, and/or potentially the West Warwick Town Council regarding a proposed development of property located across the street from his personal residence. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission and queried whether he may recuse when the proposed development appears before the Town Council and then speak from the audience as an abutter. Staff Attorney Popova Papa informed that the Petitioner may do so pursuant to the public forum exception and or application of the hardship exception. Chair Quinn noted that this is addressed on page four of the draft. In response to Commissioner Palumbo, Staff Attorney Popova Papa stated that advisory opinions do not apply retroactively to past conduct but only apply to future conduct. Executive Director Gramitt noted that an official does not need to request an advisory opinion if he acts pursuant to the public forum exception; however, an official is required to request an advisory opinion to obtain a hardship exception under R.I. Gen. Laws § 36-14-5(e). Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Jason E. Licciardi, Sr., a member of the West Warwick Town Council. The next advisory opinion was that of: Timothy E. Sweeney, a member of the Bristol Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before the Bristol Historic District Commission, over which the Bristol Town Council has appointing authority, in order to seek review and approval of proposed renovations to his primary residence. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner and Assistant Town Solicitor Amy Goins both were present via video links. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Timothy E. Sweeney, a member of the Bristol Town Council. The final advisory opinion was that of: Michael J. Dutilly, Sr., the recently elected Clerk for the Harrisville Fire District, and a firefighter for the Harrisville Fire District, who in his private capacity is the President of the Harrisville Firefighters Association IAFF Local 4910, requests an advisory opinion regarding whether the Code of Ethics prohibits him from serving as Clerk, given his employment as a firefighter and his position as the President of Local 4910. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Popova Papa noted that a correction had already been made to page two of the draft, which listed Regulation 1.5.4 as former Regulation 5004 rather than 5014. In response to Commissioner Palumbo, the Petitioner stated that the Operating Committee does not supervise or oversee the Clerk, which is an elected position. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Michael J. Dutilly, Sr., the recently elected Clerk for the Harrisville Fire District, and a firefighter for the Harrisville Fire District, who in his private capacity is the President of the Harrisville Firefighters Association IAFF Local 4910. The next order of business was: Education Update: Report on ethics education provided over the last year, and goals for current year. Education Coordinator Radiches gave an update on ethics trainings that she provided during FY 2020 and the goals for FY 2021. In FY 2019, she provided 49 trainings to 1,890 attendees. She stated that the goal for FY 2020 was to provide at least 45 trainings to a minimum of 2,000 attendees. Education Coordinator Radiches explained that, as a direct result of the pandemic, 21 additional trainings scheduled for between mid-March and June had to be postponed. She informed that she provided six of ten scheduled trainings to the Rhode Island State Police in March, but the remaining four trainings were among those that had to be postponed. She stated that trainings from FY 2020 worthy of specific mention included presentations to the following: 30 attendees on Block Island in October 2019; 36 attendees from the Tiverton Police Department, assisted by Chief of Investigations Steven T. Cross, in November 2019; and 75 attendees from the Department of Environmental Management in December 2019. She noted that she was able to provide in-person training, consistent with the COVID-19 response guidelines, to the new Board of Trustees at the University of Rhode Island on June 26, 2020. Education Coordinator Radiches explained that finding people to train was not an issue in FY 2020. She further explained that requests steadily came in following her initial letters to all municipalities which had not received ethics training in the previous two years. She informed that, in addition to the monthly trainings provided to new state employees, requests from individual state agencies were also received and accommodated on a regular basis. Education Coordinator Radiches noted that trainings are expected to be provided using Zoom format for the foreseeable future. Education Coordinator Radiches provided an update on the development of online training, explaining that it is intended to supplement, rather than replace, in-person training. She further explained in detail the seven-module PowerPoint program with voiceover audio that she is preparing and its features. Discussion ensued regarding a proposed self-assessment and an evaluation and survey to be completed by those taking the online program and how most, if not all, of these features could be incorporated in a webinar format. The Commissioners provided positive feedback regarding the pending online training program, and Chair Quinn suggested that the online training modules be made available to the Commission before the program’s official launch. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was no new business proposed. At 9:50 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on July 14, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Motion to approve minutes of Executive Session held on July 29, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Leonidas Raptakis, Complaint No. 2020-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: James Kuipers, Complaint No. 2020-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) 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). f.) Motion to return to Open Session. At 11:22 a.m., the Commission reconvened in Open Session. 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 (7-0) to approve the minutes of the Executive Session held on July 14, 2020. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Robert A. Salk; and Emili B. Vaziri. ABSTENTION: Kyle P. Palumbo.] 2. Voted (7-0) to approve the minutes of the Executive Session held on July 29, 2020, as amended. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; M. Therese Antone; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; Robert A. Salk; and Emili B. Vaziri. ABSTENTION: Timothy Murphy.] 3. Unanimously voted (8-0) in the matter of In re: Leonidas Raptakis, Complaint No. 2020-2, to approve an Informal Resolution and Settlement by which the Respondent, who amended his financial statements, agreed to continue to make the subject disclosures in future statements as applicable. The Commission found that the Respondent’s omissions were not knowing and willful and dismissed the Complaint with prejudice. 4. Voted (6-1) in the matter of In re: James Kuipers, Complaint No. 2020-4, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the financial disclosure mandate and authorized an investigation. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Kyle P. Palumbo; and Robert A. Salk. NOES: Emili B. Vaziri. Commissioner Antone left the meeting before the vote.] 5. Discussed the Superior Court Decision issued July 24, 2020 in Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088. 6. Unanimously voted (7-0) to return to Open Session. The next order of business was: Motion to seal minutes of Executive Session held on August 18, 2020. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on August 18, 2020. At 11:24 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, 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, on August 7, 2020, the Governor issued Executive Order 20-63, 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.