Minutes June 6, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 6, 2017 The Rhode Island Ethics Commission held its 7th 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, June 6, 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 Mark B. Heffner Marisa A. Quinn, Vice Chair John D. Lynch, Jr.* Robert A. Salk, Secretary Timothy Murphy M. Therese Antone James V. Murray J. Douglas Bennett Also present were Edmund L. Alves, 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 9:03 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on May 23, 2017. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Heffner, it was VOTED: To approve minutes of the Open Session held on May 23, 2017. AYES: Robert A. Salk; J. Douglas Bennett; Mark B. Heffner; Marisa A. Quinn; John D. Lynch, Jr.; and Ross Cheit. ABSTENTIONS: M. Therese Antone; Timothy Murphy; and 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. Prior to presenting the first advisory opinion, Staff Attorney Gramitt explained the fast track advisory opinion process to the Commissioners. He informed that, in the 1990s, the Commission delegated authority to the Executive Director to provide temporary safe harbor to petitioners through the fast track process in matters where time is of the essence, the legal analysis involved is well-understood, and the previous advisory opinions on which the legal analysis relies are on point. Executive Director Willever addressed the Commission and explained that, in fast track matters, he writes a letter to the petitioner explaining that he/she is protected by the draft opinion in the intervening weeks until the Commission convenes to vote. Commissioner Heffner expressed concern regarding public officials following the fast track or “drive through” process for receiving advisory opinions. Commissioner Heffner spoke about those types of issues that can be anticipated by a petitioner and, therefore, should be brought to the Commission in advance. He also stated that, as part of the educational process going forward, public officials should be advised that the fast track process is not the preferred method. Staff Attorney Gramitt stated that he would raise and address this matter during next year’s training for members of the General Assembly. In response to Chair Cheit, Executive Director Willever further explained that, before issuing a draft opinion with a safe harbor provision under the fast track process, he engages his legal staff and investigators in a deliberative process. In response to Commissioner Quinn, Staff Attorney Gramitt stated that the Open Meetings Act does not allow our Commission meetings to be held electronically. The first two advisory opinions on the agenda were presented together. The first advisory opinion was that of: The Honorable Michael A. Morin, a legislator serving in the Rhode Island House of Representatives, who is employed as a firefighter in the City of Woonsocket, requests an advisory opinion regarding whether he may participate and vote on legislation that would impact firefighters across the state. Staff Attorney Gramitt presented the Commission Staff recommendation and explained that this and the next advisory opinion on the agenda were given safe harbor under the fast track process because the issues raised by the petitioners were considered by the General Assembly at its session last Thursday. The Petitioner was not present. *Commissioner Lynch arrived at 9:19 a.m., and stated that, although he was not present for the presentation of the advisory opinion to Representative Morin, he read the materials and could participate in the vote. Uponmotion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Michael A. Morin, a legislator serving in the Rhode Island House of Representatives. The second advisory opinion was that of: The Honorable Stephen M. Casey, a legislator serving in the Rhode Island House of Representatives, who is employed as a firefighter in the City of Woonsocket, requests an advisory opinion regarding whether he may participate and vote on legislation that would impact firefighters across the state. Staff Attorney Gramitt presented the Commission Staff recommendation. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Stephen M. Casey, a legislator serving in the Rhode Island House of Representatives. The next advisory opinion was that of: The Honorable Jeremiah T. O’Grady, a legislator serving in the Rhode Island House of Representatives, who in his private capacity is employed by a private non-profit community development organization, requests an advisory opinion regarding whether he may participate in legislative activities and decision-making regarding tax legislation impacting a particular subset of deed-restricted affordable rental housing, given that his private employer develops and owns such housing. Staff Attorney Popova Papa informed that the advisory opinion request was withdrawn at the Petitioner’s request because he had a change in his employment. The final advisory opinion was that of: Matthew McGeorge, AIA, LEED AP, 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 his client before his own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Salk, Staff Attorney Popova Papa explained that the exception applies to all historic architects because there are not many in the state. Chair Cheit commented that the constraints are significant on this group, even in East Greenwich. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Matthew McGeorge, AIA, LEED AP, a member of the East Greenwich Historic District Commission. The next order of business was: Director’s Report. Executive Director Willever reported that there were seven (7) complaints, thirteen (13) advisory opinions, and one (1) litigation matter pending. He stated that thirteen (13) 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 9:25 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Lynch, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on May 23, 2017. 2. In re: Donna M. Travis, Complaint No. 2017-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Donna M. Travis, Complaint No. 2017-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 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 personnel matter pursuant to R.I. Gen. Laws § 42-46-5(a)(1). 6. Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). 7. Motion to return to Open Session. Before convening in Executive Session, Chair Cheit noted that the individual affected by the personnel matter was notified of and waived the right to have the discussion held in Open Session. He further noted that Legal Counsel received notice of and waived his right to have discussion of his contract held in Open Session. The Commission reconvened in Open Session at 10:50 a.m. The next order of business was: Motion to seal minutes of Executive Session held on June 6, 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 June 6, 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 May 23, 2017. [Reporter’s Note – The vote was as follows: AYES: Robert A. Salk; J. Douglas Bennett; Mark B. Heffner; John D. Lynch, Jr.; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone; Timothy Murphy; and James V. Murray.] 2. Unanimously voted (9-0) in the matter of In re: Donna M. Travis, Complaint Nos. 2017-1 and 2017-2 as combined, to approve an Informal Resolution & Settlement and impose a civil penalty of $1,200. 3. Received a litigation update in the matter of Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. 4. Discussed a personnel matter. No votes were taken. The matter is pending while the Commission seeks additional information. 5. Discussion of Legal Counsel’s contract. No votes were taken. The matter will be continued to a future meeting. The final order of business was: New Business. There was no new business. At 10:55 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Quinn, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary