Minutes December 10, 2019 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION December 10, 2019 The Rhode Island Ethics Commission held its 15th 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, December 10, 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 M. Therese Antone Marisa A. Quinn, Vice Chair Kyle P. Palumbo Arianne Corrente, Secretary Emili B. Vaziri The following Commissioner(s) were not present: J. Douglas Bennett; 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 9:01 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on November 19, 2019. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Quinn, it was VOTED: To approve the minutes of the Open Session held on November 19, 2019. AYES: Ross Cheit;Arianne Corrente; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTIONS: M. Therese Antone and Marisa A. Quinn. 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: Cynthia Elder, the Chief of the Business Development Office for the Rhode Island Department of Environmental Management, Division of Parks and Recreation, requests an advisory opinion regarding whether she may accept a Jarvi Scholarship offered by the Foundation for Sustainable Parks and Recreation and the Society of Recreation Professionals to cover the cost and expenses of her attendance at the National Association of State Park Foundations Conference in Florida in October of 2020. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Cheit, Staff Attorney Radiches stated that Ms. Bailey, as a member of the Society, was part of the committee that selected the Petitioner. In response to Commissioner Palumbo, Staff Attorney Radiches explained that, in the past, the Commission has determined that a person subject to the Code of Ethics may accept waiver of an event’s registration fee but not airfare, lodging, or food for the event. The Petitioner informed the Commission that she will likely have to decline the scholarship if there is no line item for the Petitioner’s travel and associated expenses in DEM’s budget. In response to Commissioner Vaziri, the Petitioner stated that she had no influence or role in selecting CHM Government Services. In response to Commissioner Corrente, the Petitioner informed that it is conceivable that those persons making decisions would be her supervisors and be aware of the Petitioner’s business relationship with Ms. Bailey. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Cynthia Elder, the Chief of the Business Development Office for the Rhode Island Department of Environmental Management, Division of Parks and Recreation. The next advisory opinion was that of: Karen D. Pinch, the Town Administrator for the Town of Richmond, requests an advisory opinion regarding whether the Town of Richmond is prohibited by the Code of Ethics from accepting a financial contribution from the Beaver River Valley Community Association to be used solely for funding, or partially funding, the videotaping of Planning Board and Zoning Board of Review meetings held in the Town of Richmond. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and explained that the council member who proposed videotaping the meetings has since withdrawn his request due to budgetary constraints, but the issue could arise again in the future. The Petitioner stated that the Town is considering purchasing videography equipment for long-term savings. In response to Commissioner Palumbo, the Petitioner stated that the new equipment could cost more than the $2,400 that Beaver River Valley Community Association (“BRVCA”) originally offered. Commissioner Quinn expressed concern with BRVCA providing videotaping services and then appearing before the Town. Chair Cheit noted that any financial benefit as a result of BRVCA’s videotaping would inure to the Town and not to any public officials personally. Executive Director Gramitt stated that the Commission has not applied the gift regulation to a public entity’s receipt of a gift from a private entity. Legal Counsel DeSimone explained that the regulation’s prohibition applies to persons subject to the Code of Ethics and not to public bodies. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Karen D. Pinch, the Town Administrator for the Town of Richmond. The next advisory opinion was that of: Michael DiBiase, the Director of Administration for the State of Rhode Island, requests an advisory opinion regarding the application of the revolving door provisions of the Code of Ethics to his impending private employment with the Rhode Island Public Expenditure Council. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Popova Papa noted that a few typographical corrections have already been made to the draft. The Petitioner addressed the Commission and stated that he sought this advisory opinion for its importance to promoting transparency. In response to Commissioner Quinn, the Petitioner informed that the advisory opinion’s limitations will not affect him much because, while the Rhode Island Public Expenditure Council (“RIPEC”) lobbies from time to time, it is not an advocacy group. The Petitioner noted that he will have to exercise caution in his interactions with the Department of Administration (“DOA”) for a period of one year. In response to Commissioner Quinn, Staff Attorney Popova Papa stated that other RIPEC staff members may continue to interact with the DOA. In response to Chair Cheit, the Petitioner informed that he is not familiar with the specific matters for which RIPEC has lobbied in the past, but the issues were not directly related to the organization and generally involved fiscal concerns. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Michael DiBiase, the Director of Administration for the State of Rhode Island. The next advisory opinion was that of: Kevin J. Rabbitt, a former Deputy Chief within the Rhode Island Department of Revenue, Division of Motor Vehicles, Dealer Licensing Office, who retired on September 30, 2019, requests an advisory opinion regarding whether the Code of Ethics prohibits him from working as a private consultant to a local attorney who represents consumers and dealers before the Motor Vehicle Dealers License and Hearing Board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kevin J. Rabbitt, a former Deputy Chief within the Rhode Island Department of Revenue, Division of Motor Vehicles, Dealer Licensing Office. The final advisory opinion was that of: Wendy Allmendinger, a probation and parole officer at the Rhode Island Department of Corrections, requests an advisory opinion regarding whether the Code of Ethics prohibit her from working in her private capacity as an independent contractor providing supervised visitation services to Rhode Island families. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Commissioner Vaziri inquired whether a conflict would arise if someone who was referred to the supervised visitation program returns to the Department of Corrections (“Department of Corrections”) and comes before the Petitioner as a probationer. Commissioner Vaziri noted that people do not voluntarily participate in the program but are referred by the court. Commissioner Corrente inquired as to the process if someone returned to the DOC and was assigned to the Petitioner’s caseload. Executive Director Gramitt suggested to the Commission that the Petitioner can come to the next meeting to address these concerns, after which the advisory opinion can be amended. No action was taken, and the matter was continued to the next Commission meeting. Executive Session. At 9:43 a.m., uponmotion made by Commissioner Antone 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 November 19, 2019, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 2. 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). 3. Motion to return to Open Session. At 9:44 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on December 10, 2019. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on December 10, 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 (4-0) to approve the minutes of the Executive Session held on November 19, 2019. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; Arianne Corrente; Kyle P. Palumbo; and Emili B. Vaziri. ABSTENTIONS: M. Therese Antone and Marisa A. Quinn.] 2. 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: Discussion and voting regarding Resolutions in Appreciation of former Commissioners James V. Murray and John D. Lynch, Jr. The Commissioners participated in a unanimous acclamation to present Resolutions to former Commission members James V. Murray, Esq., and John D. Lynch, Jr., Esq., in recognition and profound appreciation of their distinguished service. Chair Cheit informed that the Resolutions will be presented to former Commissioners Murray and Lynch at an event on Friday. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations There are 20 complaints pending, including eight substantive complaints and 12 non-filing complaints. Executive Director Gramitt stated that the Staff filed 13 non-filing complaints and settled one, leaving 12 pending. He informed that pursuant to the Commission’s policy for staff-initiated non-filing complaints, the fine assessed for those persons who settle within 10 days is $100. b.) Advisory opinions There are five advisory opinions pending. c.) Access to Public Records Act requests since last meeting Four APRA requests were received since the last meeting, three of which were granted within one business day and one of which involved a request for all complaints filed against the Pascoag Fire District and required additional time but was still completed within 10 days as required by statute. Executive Director Gramitt announced that this is Chair Cheit’s last meeting. He informed that Chair Cheit has served as a Commissioner for 15 years, 11 of which he served in a leadership role, including eight as the Chair. Executive Director Gramitt further informed that Chair Cheit will be formally recognized at a future time and extended appreciation to Chair Cheit for his service to this State. The final order of business was: New Business and General Comments from the Commission. Chair Cheit offered some parting words, thanking Senator Dennis Algiere for his nomination and Governor Carcieri for appointing him. Chair Cheit also extended gratitude to his fellow Commissioners and to the dedicated and professional Staff. At 9:51 a.m., upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To adjourn. Respectfully submitted, _____________________________ Arianne Corrente Secretary