Mnutes December 11, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION December 11, 2018 The Rhode Island Ethics Commission held its 19th meeting of 2018 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 11, 2018, 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 John D. Lynch, Jr.* Marisa A. Quinn, Vice Chair Timothy Murphy Arianne Corrente James V. Murray The following Commissioner(s) were not present: M. Therese Antone; J. Douglas Bennett; and Robert A. Salk. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; 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 9:03 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on November 20, 2018. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was VOTED: To approve the minutes of the Open Session held on November 20, 2018. AYES: Ross Cheit; Arianne Corrente; Timothy Murphy; and Marisa A. Quinn. ABSTENTIONS: James V. Murray. 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: Megan DiPrete, Chief of the Division of Planning and Development at the Department of Environmental Management, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon her in carrying out her current duties, given that her first cousin owns and operates a civil engineering firm that is among those vendors from whom the Division of Planning and Development, sometimes in conjunction with the Department of Administration, solicits bids on contracts for capital improvement projects. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present, along with Mary Kay, Esq., Executive Counsel and Ethics Officer for the Department of Environmental Management (“DEM”). The Petitioner stated that, given her last name, she wanted to be proactive, even though there is no association between DEM and DiPrete Engineering. Attorney Kay informed that she advises employees like the Petitioner to request guidance from the Ethics Commission if they are unsure of an issue. In response to Commissioner Quinn, Staff Attorney Radiches stated that the vendor list is state-wide. Attorney Kay added that a vendor must go through the Department of Administration, Division of Purchases to get on the Master Price Agreement list. In response to Chair Cheit, Attorney Kay confirmed that the vendor list is general and not specific to the DEM. Upon motionmade by Commissioner Quinn and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Megan DiPrete, Chief of the Division of Planning and Development at the Department of Environmental Management. The next advisory opinion was that of: Dennis J. Lopes, a program monitor with the Department of Human Services, Weatherization Assistance Program, requests an advisory opinion regarding whether he may inspect work performed by companies that employ his sons. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Chair Cheit, Staff Attorney Popova Papa informed that although the Petitioner refers in his request letter to a situation that arose and was addressed nine years ago, the Ethics Commission has no prior advisory opinion on file that was issued to the Petitioner. She noted that the Petitioner may have received informal advice at that time. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Dennis J. Lopes, a program monitor with the Department of Human Services, Weatherization Assistance Program. The next advisory opinion was that of: Amanda Gingell, a member of the Burrillville Town Council, requests an advisory opinion regarding what limitations, if any, the Code of Ethics imposes upon her in carrying out her public duties, given that her private employer appears annually before the Burrillville Budget Board and Town Council to seek funding. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Murphy, Staff Attorney Popova Papa stated that she was not aware of whether grants are folded into the overall Burrillville Town budget or appear as line items. She explained that while the Nepotism Regulation addresses the issue of voting on overall budgets versus line items, that Regulation is not applicable to these facts. She further explained that the present analysis involves § 36-14-5(a) and (d) of the Code. Commissioner Murphy and Chair Cheit requested that the advisory opinion be amended to add that the Petitioner is required to recuse from discussing and voting on any line items relating to WellOne. Senior Staff Attorney D’Arezzo noted that the facts regarding how the Town Council awards grants were insufficient to include a specific prohibition in the advisory opinion. *Commissioner Lynch arrived at 9:24 a.m. Discussion ensued regarding adding language in the advisory opinion to prohibit the Petitioner from voting on line items in the budget that relate to grants to her employer. Chair Cheit directed that Staff Attorney Popova Papa advise the Petitioner that she may need to return to the Ethics Commission for further guidance as to voting on the budget as a whole. He further requested that the advisory opinion be amended to add a sentence that the Petitioner may not vote on individual line items for grants to WellOne. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, amended and attached hereto, to Amanda Gingell, a member of the Burrillville Town Council. The next advisory opinion was that of: Derek M. Silva, a member of the Rhode Island State Labor Relations Board, who is also a Lieutenant with the Providence Fire Department, a municipal employee position, and the President and Legislative Agent for Providence Fire Fighters Local 799 of the International Association of Fire Fighters, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in discussions and decision-making relative to Labor Relations Board matters involving parties other than Providence Fire Fighters Local 799 and its members, when such other parties are represented by an attorney who has in the past represented or is representing Providence Fire Fighters Local 799 or its members on unrelated matters. Commissioner Corrente recused from this matter and left the hearing room at 9:29 a.m. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Popova Papa noted an omission on page 2 of the advisory opinion which should read “before the state or municipal agency.” She stated that this omission does not change the legal analysis. She explained that the Petitioner had requested and received an advisory opinion earlier this year, but he is now seeking clarification regarding certain language in that opinion. She stated that the prior advisory opinion, A.O. 2018-27, could be understood to prohibit the Petitioner from participating in all matters in which an attorney for Local 799 appears before the State Labor Relations Board (“Board”) even in cases where such attorney is neither representing the interests of Local 799 nor its members and where the matter on which said attorney is appearing does not financially impact Local 799. In response to Commissioner Murphy and Chair Cheit, Staff Attorney Popova Papa explained that, in the past, Attorney Elizabeth Weins has represented Local 799 before the Board, but not the Petitioner personally. The Petitioner stated that Attorney Weins also represents the East Greenwich Fire Fighter local/union and is expected to appear before the Board on matters unrelated to his union, Local 799. In response to Commissioner Murphy, Staff Attorney Popova Papa informed that although the Petitioner and Attorney Weins are both respectively business associates of Local 799, that does not make them business associates of each other. She stated that if Attorney Weins appears before the Board on behalf of an entity other than Local 799 on a matter that does not financially impact Local 799, the Petitioner may participate. In response to Chair Cheit, Legal Counsel DeSimone stated that the instant advisory opinion offers clarifying language where the original opinion did not, especially when one reads the St. Joseph’s advisory opinion cited in the instant opinion. Discussion ensued regarding amending the advisory opinion. Chair Cheit directed the Staff to add a cross-reference notation in A.O. 2018-27 to the instant opinion. Chair Cheit commented regarding A.O. 2002-6 cited in the instant opinion. He stated that he found interesting the analysis therein that members of the Board of the Chamber of Commerce were business associates of the Chamber. Upon motion made my Commissioner Lynch and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, amended and attached hereto, to Derek M. Silva, a member of the Rhode Island State Labor Relations Board, who is also a Lieutenant with the Providence Fire Department, a municipal employee position, and the President and Legislative Agent for Providence Fire Fighters Local 799 of the International Association of Fire Fighters. Commissioner Corrente returned to the hearing room at 9:45 a.m. The next advisory opinion was that of: Francis DiGregorio, a member of the Exeter Town Council and a former member of the Exeter Planning Board, seeks an advisory opinion regarding whether he may appear before the Exeter Planning Board, the Exeter Zoning Board, and potentially the Exeter Town Council to oppose the proposed development of property directly abutting his personal residential property. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. In response to Chair Cheit, Staff Attorney Radiches explained that the amended ordinance referenced on the first page of the advisory opinion is the same ordinance that was involved in the Petitioner’s appeal to the Superior Court. She further explained that the ordinance is now before the Town Council in its early planning stages and will then go before the Planning Board, then the Zoning Board, and possibly back before the Town Council. In further response to Chair Cheit, Staff Attorney Radiches stated that the Petitioner was not a member of the Town Council at the time of its initial vote to amend the ordinance. Chair Cheit expressed gratitude to the Petitioner for his public service. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Francis DiGregorio, a member of the Exeter Town Council and a former member of the Exeter Planning Board. The final advisory opinion was that of: Caswell Cooke, Jr., a member of the Westerly Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits from participating in the Town Council’s discussion and/or decision-making relative to matters involving the Westerly School Committee and/or the Elementary School Redesign Committee, given that his wife is currently serving as an elected member of the Westerly School Committee and as an appointed member of the Elementary School Redesign Committee. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Caswell Cooke, Jr., a member of the Westerly Town Council. Executive Session. At 10:02 a.m., uponmotion made by Commissioner Murphy and duly seconded by Commissioner Murray, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on November 20, 2018, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 2. In re: Brian Mathieu, Complaint No. 2018-12, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: James P. Pierson, Complaint No. 2018-13, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Motion to return to Open Session. At 10:11 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on December 11, 2018. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To seal the minutes of the Executive Session held on December 11, 2018. 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 20, 2018. [Reporter’s Note: The vote was as follows: AYES: Ross Cheit; Arianne Corrente; Timothy Murphy; and Marisa A. Quinn. ABSTENTIONS: John D. Lynch, Jr., and James V. Murray.] 2. Unanimously voted (6-0) in the matter of In re: Brian Mathieu, Complaint No. 2018-12, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and to authorize an investigation. 3. Unanimously voted (6-0) in the matter of In re: James P. Pierson, Complaint No. 2018-13, to initially determine that the facts alleged in the Complaint, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and to authorize an investigation. The next order of business was: Election of Officers. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was VOTED: To elect Ross Cheit as Chair. AYES: Arianne Corrente; John D. Lynch, Jr.; Timothy Murphy; James V. Murray; and Marisa A. Quinn. ABSTENTIONS: Ross Cheit. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Murphy, it was VOTED: To elect Marisa A. Quinn as Vice Chair. AYES: Ross Cheit; Arianne Corrente; John D. Lynch, Jr.; Timothy Murphy; and James V. Murray. ABSTENTIONS: Marisa A. Quinn. Chair Cheit noted that Commissioner Salk, the current Secretary, is often away and unable to attend meetings. Upon motion made by Chair Cheit and duly seconded by Commissioner Murphy, it was VOTED: To elect Arianne Corrente as Secretary. AYES: Ross Cheit; John D. Lynch, Jr.; Timothy Murphy; James V. Murray; and Marisa A. Quinn. ABSTENTIONS: Arianne Corrente. The next order of business was: Director’s Report: Status report and updates. Senior Staff Attorney D’Arezzo informed that Executive Director Gramitt was attending the annual COGEL conference. She reported: a.) Complaints and investigations There are 14 complaints pending, which include eight substantive complaints and six non-filing complaints. b.) Advisory opinions There were 12 advisory opinions pending before today’s meeting and now there are six. c.) Access to Public Records Act requests since last meeting Eleven APRA requests were received since the last meeting, all of which were granted within one business day. The breakdown was: two requests related to financial disclosure; four requests related to advisory opinions, including request letters and supplemental material; and five requests related to complaint materials. In response to Chair Cheit, Senior Staff Attorney D’Arezzo noted that APRA requests continue to be received for Financial Statements, as only the 2017 Statements are available on the Ethics Commission’s website. The final order of business was: New Business. There was no new business. At 10:24 a.m., upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary