Minutes November 19, 2019 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION November 19, 2019 The Rhode Island Ethics Commission held its 14th meeting of 2019 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 19, 2019, 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 Kyle P. Palumbo Arianne Corrente, Secretary Robert A. Salk J. Douglas Bennett Emili B. Vaziri Timothy Murphy The following Commissioner(s) were not present: M. Therese Antone and Marisa A. Quinn. 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 and Peter J. Mancini. 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 29, 2019. 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 October 29, 2019. AYES: Ross Cheit; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; Robert A. Salk; and Emili B. Vaziri. ABSTENTIONS: Timothy Murphy. 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: Jeffrey Barone, the Executive Director of the Cranston Department of Senior Services, requests an advisory opinion regarding whether the Code of Ethics prohibits him from working in his private capacity as an independent broker for Medicare and supplemental insurance plans and from answering his subordinates’ questions regarding Medicare and various supplemental insurance plans. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and stated that the Director of Social Services provided a letter in which the Director represents that no one from Social Services has sought advice from the Petitioner. The Petitioner explained that he became an independent insurance agent in February 2019 and disclosed this position to his public employer. He represented that he does not solicit business at the Senior Center, explaining that Medicare has strict guidelines against insurance brokers approaching potential clients for business. In response to Chair Cheit, the Petitioner stated that he sought advice from the Commission now because another broker raised a concern with the Mayor of Cranston, prompting the Town Administrator to suggest to the Petitioner that he seek an advisory opinion. In response to Commissioner Vaziri, Staff Attorney Popova Papa explained that at all times that the Petitioner is an active business associate of the insurance companies for which he sells supplemental insurance plans, he will have a conflict if his subordinates refer clients to those insurance entities. In response to Commissioner Salk, Executive Director Gramitt stated that, even if an insurance product is offered in Massachusetts instead, the Petitioner is still a business associate of Aetna, United Healthcare, and Blue Cross Blue Shield, the providers of the product. Commissioner Murphy referenced the advisory opinion cited in the draft in which a correctional officer serving in a supervisory capacity was prohibited from working with a batterers intervention program because his subordinate officers referred cases to the batters intervention program. Chair Cheit stated the Petitioner’s supervisory position, like that of the correctional officer, creates the conflict in the instant matter as the Petitioner’s subordinates are referring clients to his business associates, the insurance providers. In response to Commissioner Vaziri, the Petitioner informed that he is compensated by the insurance provider after a person enrolls. The Petitioner explained that he is certified with two insurance providers to sell policies, but the seniors at the Senior Center do not have to select those providers for supplemental insurance. In response to Commissioner Murphy, the Petitioner stated that he gets his clients from referrals and is not permitted to solicit business or distribute his business cards at the Senior Center. Upon motion made by Commissioner Salk and duly seconded by Commissioner Bennett, it was VOTED: To issue an advisory opinion, attached hereto, to Jeffrey Barone, the Executive Director of the Cranston Department of Senior Services. AYES: Ross Cheit; J. Douglas Bennett; Arianne Corrente; Timothy Murphy; and Robert A. Salk. NOES: Kyle P. Palumbo and Emili B. Vaziri. The next advisory opinion was that of: Sarkis Zeitountzian, a Rhode Island Family Court Investigator, requests an advisory opinion regarding whether the Code of Ethics prohibits him from owning and operating a private investigation firm that would provide background checks for private corporate clients and investigative services to private attorneys on cases that do not involve Family Court matters. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Cheit, the Petitioner stated that, if a case to which he is assigned in his public employment involves a business associate, that case will be reassigned to another investigator. In further response to Chair Cheit, the Petitioner informed that it is very feasible to have a case reassigned. In response to Commissioner Bennett, the Petitioner explained that, in his private work, his focus will be on providing investigatory services to private attorneys handling criminal cases and not family court matters and that there is no overlap. The Petitioner represented that, if he receives a referral from a criminal law attorney representing a family in a home study in a family court matter to which the Petitioner is assigned, he will request that his supervisor reassign the matter. In response to Chair Cheit, the Petitioner informed that he has discussed his private employment plans with his Family Court supervisor. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Bennett, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Sarkis Zeitountzian, a Rhode Island Family Court Investigator. The next advisory opinion was that of: Margie O’Brien, the Director of Capitol Television, requests an advisory opinion regarding whether the Code of Ethics prohibits her from hosting, in her private capacity and on her own time, a television special aimed at de-stigmatizing mental illness and addiction in Rhode Island. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Margie O’Brien, the Director of Capitol Television. The next advisory opinion was that of: Larry Anderson, a member of the Little Compton Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in discussions and decision-making relative to certain zoning ordinance matters, given that said discussions and decision-making will incorporate the results of litigation about which the Ethics Commission previously opined that the Petitioner was prohibited from discussing and decision-making. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and informed that an additional issue has arisen for this week’s Town Council agenda relating to the issuance of food and entertainment licenses. He stated that his understanding of the instant draft opinion would allow him to deal with this issue. The Petitioner also referred to the question he raised in his advisory opinion request letter regarding his status as a business associate. Staff Attorney Radiches stated that any potential business associations had ended before he ran for office and, therefore, were not addressed in the draft. Upon motion made by Commissioner Salk and duly seconded by Commissioner Murphy, it was VOTED: To issue an advisory opinion, attached hereto, to Larry Anderson, a member of the Little Compton Town Council.* *[Reporter’s Note: Commissioner Bennett briefly stepped out of the hearing room before the Commission voted and returned following its vote and did not participate. The vote among the remaining six Commissioners was unanimous.] The final advisory opinion was that of: Paul E. Vadenais, the President of the North Smithfield 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 North Smithfield Zoning Board of Review, over which the Town Council has appointing authority, in order to seek a dimensional variance for his personal residence. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Paul E. Vadenais, the President of the North Smithfield Town Council. Executive Session. At 10:01 a.m., uponmotion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve minutes of Executive Session held on October 29, 2019, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 2. In re: Daryl Gould, Complaint No. 2019-14, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 3. In re: Peter Drouin, Complaint No. 2019-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 4. 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). 5. Motion to return to Open Session. At 10:21 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on November 19, 2019. 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 November 19, 2019. 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 29, 2019. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; Robert A. Salk; and Emili B. Vaziri. ABSTENTIONS: Timothy Murphy.] 2. Unanimously voted (7-0) in the matter of In re: Daryl Gould, Complaint No. 2019-14, to approve an Informal Resolution and Settlement and impose a civil penalty of $100. 3. Voted (6-1) in the matter of In re: Peter Drouin, Complaint No. 2019-8, to approve an Informal Resolution and Settlement and impose a civil penalty of $150. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; J. Douglas Bennett; Arianne Corrente; Kyle P. Palumbo; Robert A. Salk; and Emili B. Vaziri. NOES: Timothy Murphy.] 4. Received a litigation update in Francis X. Flaherty v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC-2019-5088. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations There are eight substantive complaints pending. The Staff is preparing to file self-initiated financial disclosure complaints for calendar year 2018. b.) Advisory opinions There are two advisory opinions pending. c.) Access to Public Records Act requests since last meeting Fourteen APRA requests were received since the last meeting, twelve of which were granted within one business day and two of which involved research and required the full 10 days under the statute. In response to Commissioner Palumbo, Executive Director Gramitt informed that public officials are not notified of APRA requests as this would have a chilling effect on those making such requests. The final order of business was: New Business and General Comments from the Commission. There was no new business. At 10:26 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Murphy, it was unanimously VOTED: To adjourn. Respectfully submitted, _____________________________ Arianne Corrente Secretary