Minutes November 28, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION November 28, 2017 The Rhode Island Ethics Commission held its 14th 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 28, 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 The following Commissioner(s) were not present: M. Therese Antone; John D. Lynch, Jr.; and James V. Murray. 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 November 14, 2017. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To approve minutes of the Open Session held on November 14, 2017. 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: Andrew T. Tyska, 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 on representing himself before the Bristol Zoning Board of Review, over which the Town Council has appointing authority. *Commissioner Corrente arrived at 9:06 a.m. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner clarified the ownership structure of the subject property and his ownership interest therein. Chair Cheit asked that the advisory opinion reflect this clarification. Discussion ensued regarding whether the Zoning Board members become aware of the Petitioner’s recusal from their appointment and/or reappointment and whether failure to recuse constitutes a violation of the Code of Ethics. In response to Chair Cheit, Staff Attorney Popova Papa stated that the requirement to recuse from appointing and/or reappointing members of a subsidiary body has only been applied in hardship cases. Commissioner Murphy stated that advisory opinions pertaining to the hardship exception should also require that when petitioners appear before their own boards or boards over which they have appointing authority, they must disclose that they received an advisory opinion from the Ethics Commission and the terms of said opinion. Chair Cheit asked that language to this effect be included in this advisory opinion as well as all advisory opinions going forward that address the hardship exception. Upon motionmade by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, amended and attached hereto, to Andrew T. Tyska, a member of the Bristol Town Council. The next advisory opinion was that of: Thomas M. Sabbagh, Ph.D., Dean of Business, Science and Technology at the Community College of Rhode Island, requests an advisory opinion regarding whether he has taken all necessary and appropriate steps as required by the Code of Ethics to insulate himself from decision-making relative to his sister, who was recently hired as a visiting lecturer in one of the departments that he manages. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was present. Uponmotion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Thomas M. Sabbagh, Ph.D., Dean of Business, Science and Technology at the Community College of Rhode Island. The final advisory opinion was that of: John P. Carson, Sr., a member of the Westerly Town Council, requests an advisory opinion regarding whether he may participate in the Town Council’s discussions and decision-making relative to the creation of beachgoer drop-off points near the rights-of-way to Misquamicut and Watch Hill beaches, given that he is a seasonal employee at the Misquamicut Club and some of its members own property abutting or in close proximity to the rights-of-way. Staff Attorney Gramitt informed the Commission that the Petitioner had appeared to inform Staff Attorney Popova Papa that there were additional facts that should have been included in the advisory opinion. Staff Attorney Gramitt explained that the new facts that the Petitioner presented were significant such that they could alter the legal analysis of the advisory opinion. He informed that the advisory opinion would be continued until a legal analysis of the new facts could be conducted. The next order of business was: Director’s Report. Executive Director Willever reported that there were thirteen (13) complaints, including seven (7) non-filing complaints, seven (7) advisory opinions, and two (2) litigation matters pending. He stated that seven (7) APRA requests were received since the last meeting, all of which were granted within one business day. The next order of business was: Motion to Add Item to the Agenda for Executive Session. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To add Luis Aponte v. Rhode Island Ethics Commission to the agenda for the Executive Session for informational purposes. Executive Session. At 9:27 a.m., uponmotion made and duly seconded, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on November 14, 2017, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: Glen Skurka, Complaint No. 2017-10, 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. Discussion of Potential Litigation, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 6. Motion to return to Open Session. The Commission reconvened in Open Session at 9:49 a.m. The next order of business was: Motion to seal minutes of Executive Session held on November 28, 2017. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To seal minutes of the Executive Session held on November 28, 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 November 14, 2017. 2. Unanimously voted (6-0) to initially determine that the facts alleged in In re: Glen Skurka, Complaint No. 2017-10, 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 and voted (5-1) to approve a proposed settlement in the matter of Antonio S. Fonseca v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC2017-3591. [Reporter’s Note: The vote was as follows: AYES: Robert A. Salk; Arianne Corrente; Timothy Murphy; Marisa A. Quinn; and Ross Cheit. NOES: J. Douglas Bennett.] 4. Received a litigation update in Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. 5. Discussion of Potential Litigation. The final order of business was: New Business. Chair Cheit stated that a workshop related to rule-making should be scheduled for January. In response to Chair Cheit, Staff Attorney Gramitt stated that the Commission must provide a 30-day notice of the scheduled date to the public. Chair Cheit also commented on the Tentative 2018 Meeting Schedule. He thanked his fellow Commissioners for their attendance and encouraged continued attendance, especially when there is only one meeting scheduled per month. At 9:51 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary