Minutes October 27, 2020 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 27, 2020 The Rhode Island Ethics Commission remotely conducted its 12th meeting of 2020 in Zoom webinar format at 9:00 a.m. on Tuesday, October 27, 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 M. Therese Antone Arianne Corrente, Vice Chair J. Douglas Bennett Kyle P. Palumbo, Secretary Emili B. Vaziri The following Commissioners were not present: Timothy Murphy and Robert A. Salk. 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 9:00 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 stated that the Commission has been operating pursuant to the Governor’s executive orders relating to remote meetings. He explained that each petitioner will be moved into video or audio stream when his respective advisory opinion is presented and discussed. After Open Session adjourns, everyone will leave the meeting and the Commission will convene in 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. Executive Director Gramitt informed that today’s agenda and draft advisory opinions are available on the Commission’s website. The next order of business was: Approval of minutes of the Open Session held on September 22, 2020. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on September 22, 2020. AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTION: M. Therese Antone. 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 explained that the temporary changes in office operations and procedures in response to COVID-19 have not changed since the last Commission meeting. He stated that a staff member and/or family member who experiences any symptoms of the virus will get tested and stay at home. He informed that only two or three staff members are in the office at a time to address matters that can only be handled in the office, and they are following CDC guidelines. Commissioner Bennett thanked the staff for their seamless work of maintaining Commission operations. b.) Complaints and investigations pending There are three investigations pending. Executive Director Gramitt informed that the pre-election moratorium is 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 eight APRA requests received since the last meeting, all of which were granted within one business day. The requests related to complaints, advisory opinions, recusals, and financial disclosure. e.) Financial Disclosure, update on 2019 filings Executive Director Gramitt informed that Commission Investigator Gary Petrarca is preparing a survey of other states’ ethics commissions and their procedures for handling financial disclosure. He further informed that a small working group of staff members comprised of Attorney Teresa Giusti, Investigator Gary Petrarca, and Financial Disclosure Officer Michelle Berg are reviewing the financial disclosure statutes and regulations to highlight areas in need of attention and reform and will present their findings and recommendations to the Commission for its consideration in 2021. Executive Director Gramitt stated that the 2019 Financial Disclosure season is closing, and the compliance rate is currently at just under 97%. He informed that there are approximately 150 non-filers remaining including both current office holders and candidates. He stated that, at this juncture, a large amount of time and effort would be required to get the remaining non-filers to file. Executive Director Gramitt informed that the staff is currently working with our online contractor to prepare next year’s forms. The next order of business was that of: 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 opinionwas that of: John Yoakum, a member of the Smithfield Planning Board, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing oneself before one’s own board, for purposes of seeking a variance that would allow him to subdivide his residential property in order to create an additional lot on which his son can build a house in which to live. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Radiches informed that a correction had been made to page three of the draft changing the word “extension” to “exception.” In response to Commissioner Palumbo, Staff Attorney Radiches explained that the relief sought in this matter does not involve a commercial venture because the Petitioner had intended on transferring a portion of his property to one of his children prior to his joining the Planning Board, and how or to which of his children he transfers the property interest is a personal matter that does not fall under the Commission’s purview. Upon motion made by Commissioner Bennett* and duly seconded by Commissioner Vaziri, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John Yoakum, a member of the Smithfield Planning Board. *Following his motion, Commissioner Bennett briefly logged out of the meeting at 9:14 a.m. and did not participate in the vote to approve the advisory opinion issued to John Yoakum. The next advisory opinion was that of: Erik Brine, a member of the Jamestown Zoning Board of Review, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on appearing before one’s own board, for purposes of seeking a special use permit to raise chickens at his personal residence. 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 Vaziri, it was unanimously* VOTED: To issue an advisory opinion, attached hereto, to Erik Brine, a member of the Jamestown Zoning Board of Review. *Commissioner Bennett had not yet returned to the meeting and did not participate in the vote to approve the advisory opinion issued to Erik Brine. The next advisory opinion was that of: Sven Risom, a member of the Town of New Shoreham Town Council, requests an advisory opinion regarding what restrictions, if any, the Code of Ethics places upon him in carrying out his Town Council duties, given that his brother is employed by the Town as its residential building inspector. *Commissioner Bennett returned to the meeting at 9:19 a.m. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. The meeting was briefly paused at 9:21 a.m. to address a technical difficulty and resumed at 9:23 a.m. Commissioner Bennett stated that he wanted to ensure that the Petitioner understands that he cannot vote on matters involving remuneration to his brother. The Petitioner represented that he understands when he is required to recuse under the Code of Ethics and will seek further direction from the Commission if issues arise. In response to Chair Quinn, the Petitioner stated that the building inspector reports to the building official who then reports to the Town Manager, and the Town Manager reports to the Town Council. Chair Quinn cautioned the Petitioner regarding his brother reporting to someone who then reports to the Petitioner as a Town Council member. Upon motion made by Commissioner Vaziri and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Sven Risom, a member of the Town of New Shoreham Town Council. The next advisory opinion was that of: Brett P. Smiley, the Director of the Rhode Island Department of Administration who is interested in exploring the possibility of running for Mayor of the City of Providence, requests an advisory opinion regarding whether the Code of Ethics prohibits him from soliciting and receiving campaign contributions from persons who are not state employees or vendors. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Staff Attorney Popova Papa informed that a correction to the third bullet point on page two of the draft had already been made to read official “action.” In response to Commissioner Palumbo, Staff Attorney Popova Papa stated that “vendors” include vendor representatives as well as anyone the Petitioner supervises. In response to Chair Quinn, Executive Director Gramitt explained that a vendor or entity’s agents refer to those persons who are authorized to act on the vendor or entity’s behalf. Commissioner Bennett advised the Petitioner to be aware of potential conflicts and to proceed with caution. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Brett P. Smiley, the Director of the Rhode Island Department of Administration who is interested in exploring the possibility of running for Mayor of the City of Providence The final advisory opinion was that of: Michael Junge, a member of the Jamestown Harbor Commission, requests an advisory opinion regarding whether the Code of Ethics prohibits him from interviewing for and accepting, if offered, the position of Jamestown Harbormaster, provided that he resigns from the Jamestown Harbor Commission upon accepting the position of Harbormaster. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via audio link. Commissioner Bennett stated that, prior to the meeting, Senior Staff Attorney D’Arezzo had clarified some questions he had regarding an opinion previously issued by the Commission that had raised similar issues but he has no questions regarding the instant opinion. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Michael Junge, a member of the Jamestown Harbor Commission. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 9:38 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on September 22, 2020, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Motion to return to Open Session. At 9:44 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. Unanimously voted (5-0) to approve the minutes of the Executive Session held on September 22, 2020. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTION: M. Therese Antone.] 2. Unanimously voted (6-0) to return to Open Session. At 9:46 a.m., upon motion made by Commissioner Palumbo 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 October 9, 2020, the Governor issued Executive Order 20-84, 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.