Minutes November 14, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION November 14, 2017 The Rhode Island Ethics Commission held its 13th 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, November 14, 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 J. Douglas Bennett Marisa A. Quinn, Vice Chair Arianne Corrente Robert A. Salk, Secretary Timothy Murphy M. Therese Antone James V. Murray The following Commissioner(s) were not present: John D. Lynch, Jr. Also present were Herbert F. DeSimone, 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 9:02 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on October 17, 2017. Chair Cheit noted a correction to page 2 of the minutes. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was VOTED: To approve minutes of the Open Session held on October 17, 2017 as corrected. AYES: J. Douglas Bennett; Arianne Corrente; Timothy Murphy; James V. Murray; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone and Robert A. Salk. 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: Gregory Maxwell, AIA, 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 a client before his own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner asked if there was any circumstance that would permit him to appear before his board. Staff Attorney Popova Papa informed the Petitioner that he must recuse from any participation or voting by the Commission on his client’s matter, but he may represent his client before his board. Upon motionmade by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Gregory Maxwell, AIA, a member of the East Greenwich Historic District Commission. The next advisory opinion was that of: Bonnita B. Van Slyke, a member of the Charlestown Town Council, requests an advisory opinion regarding whether she may participate in the Town Council’s consideration of an increase in the amount of a tax credit available to veterans, given that her spouse is eligible for the existing tax credit. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner informed the Commission that she learned the previous night that the class size had decreased by 15 persons. Chair Cheit stated that this fact did not change the legal analysis. In response to Commissioner Quinn, the Petitioner stated that she recused at the October 10, 2017 meeting. She informed that she did participate in the discussion of facts at the meeting the night before based on the safe harbor that Commission Staff had issued to her, but the voting was continued to a meeting in December. Uponmotion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Bonnita B. Van Slyke, a member of the Charlestown Town Council. The next advisory opinion was that of: Virginia Lee, a member of the Charlestown Town Council, requests an advisory opinion regarding whether she may participate in the Town Council’s consideration of an increase in the amount of a tax credit available to veterans, given that her domestic partner is eligible for the existing tax credit. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Staff Attorney Popova Papa explained that the facts were similar to those in the prior advisory opinion granted to Bonnita B. Van Slyke and the legal analysis was the same. In response to Chair Cheit, Staff Attorney Popova Papa stated that the Petitioner’s domestic partner is eligible for the tax credit but has not applied for it. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Virginia Lee, a member of the Charlestown Town Council. The final advisory opinion was that of: Joseph C. Perry, Jr., a member of the Tiverton Town Council, requests an advisory opinion regarding whether he may participate in contract negotiations between the Town of Tiverton and the local bargaining unit for Tiverton’s fire fighters, given that he is a retired fire fighter who receives a continuing health care benefit. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Joseph C. Perry, Jr., a member of the Tiverton Town Council. The next order of business was: Director’s Report. Executive Director Willever reported that there were twenty-seven (27) complaints, including twenty-one (21) non-filing complaints, eight (8) advisory opinions, and two (2) litigation matters pending. He stated that nine (9) APRA requests were received since the last meeting, all of which were granted within one business day. The next order of business was: Executive Session. At 9:19 a.m., upon motion 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 October 17, 2017, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: Cristine McBurney, Complaint No. 2017-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. Antonio S. Fonseca v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC2017-3591, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 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. Motion to return to Open Session. The Commission reconvened in Open Session at 9:34 a.m. The next order of business was: Motion to seal minutes of Executive Session held on November 14, 2017. Upon motion made by Commissioner Murray and duly seconded by Commissioner Murphy, it was unanimously VOTED: To seal minutes of the Executive Session held on November 14, 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. Voted (6-0) to approve the minutes of the Executive Session held on October 17, 2017. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; Arianne Corrente; Timothy Murphy; James V. Murray; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone and Robert A. Salk.] 2. Unanimously voted (8-0) to initially determine that, based on a four-corners review, the facts alleged in In re: Cristine McBurney, Complaint No. 2017-9, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 3. Received a litigation update in and discussed the matter of Antonio S. Fonseca v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC2017-3591. 4. Received a litigation update in Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. The final order of business was: New Business. There was no new business. At 9:35 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary