Minutes September 21, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION September 21, 2021 The Rhode Island Ethics Commission held its 13th meeting of 2021 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, September 21, 2021, 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: Marisa A. Quinn, Chair Matthew D. Strauss Arianne Corrente, Vice Chair Holly J. Susi J. Douglas Bennett The following Commissioners were not present: M. Therese Antone; Lauren E. Jones; and Kyle P. Palumbo. 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 9:03 a.m., the Chairopened the meeting. The first order of business was: Approval of minutes of the Open Session held on August 17, 2021. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Susi, it was unanimously VOTED: To approve the minutes of the Open Session held on August 17, 2021. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt explained that the Commission is continuing to meet in person and that mask-wearing is mandatory throughout the building, including the hearing room and restrooms. He requested that speakers raise their voices for all to hear, including the person taking the meeting minutes. b.) Complaints and investigations pending There are six active cases pending. Executive Director Gramitt informed that four complaints involve substantive allegations, leaving two non-filing cases that will likely be noticed for probable case hearings at the next Commission meeting. He explained that since the last Commission meeting, at which three non-filing cases were reported, one respondent filed his financial disclosure statement and paid a civil penalty of $100 pursuant to the Commission-approved Schedule of Fines for informal disposition of staff-initiated financial disclosure complaints. c.) Advisory opinions pending There are three advisory opinions pending, with one noticed for today’s meeting, and more requests are expected. d.) Access to Public Records Act requests since last meeting There were 10 APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that five requests related to complaints, three related to financial disclosure, and two related to recusals. e.) Financial Disclosure: Update on upcoming 2020 filing period Executive Director Gramitt informed that the staff is concluding the 2020 financial disclosure season and preparing for the upcoming 2021 season, updating the database, and reviewing the forms for any possible edits to propose to the Commission. The next order of business was: Advisory Opinions. The advisory opinion was based on a draft advisory opinion prepared by Commission Staff for review by the Commission and was scheduled as an item on the Open Session Agenda for this date. The advisory opinion was that of: Edward Brady, a former member of the Cranston City Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against appearing before one’s own board prior to the expiration of one year following one’s official severance therefrom, for purposes of authorizing and/or directing his business partner to appear before the Cranston City Council in order to seek the transfer of a liquor license in connection with the pending purchase of property. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Edward Brady, a former member of the Cranston City Council. At 9:15 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on August 17, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Brett Smiley, Complaint No. 2021-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Anthony Silva, Complaint No. 2021-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. At 9:42 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on September 21, 2021. Upon motion made by Commissioner Susi and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on September 21, 2021. The next order of business was: Report on actions taken in Executive Session. Chair Quinn reported that the Commission took the following actions in Executive Session, which information will also be available on the Commission’s website: 1. Unanimously voted (5-0) to approve the minutes of the Executive Session held on August 17, 2021. 2. Unanimously voted (5-0) in the matter of In re: Brett Smiley, Complaint No. 2021-1, to approve an Informal Resolution and Settlement by which the Ethics Commission imposed a civil penalty of $4,500 for violations of Commission Regulation 520-RICR-00-00-1.4.4 Transaction with Subordinates (36-14-5011). 3. Unanimously voted (5-0) in the matter of In re: Anthony Silva, Complaint No. 2021-3, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of R.I. Gen. Laws § 36-14-16 and § 36-14-17 and authorized an investigation. 4. Unanimously voted (5-0) to return to Open Session. The next order of business was: Discussion of election of Ethics Commission officers to be held on October 5, 2021. Chair Quinn announced that the election of officers would take place at the next meeting, and invited any Commissioners interested in serving as an officer of the Commission to express their interest. In response to Commissioner Bennett, Chair Quinn stated that she is willing to continue serving as Chair if the other Commissioners wish her to do so, although she noted that due to the length of her service on the Commission she may not complete another full year. Vice Chair Corrente echoed those sentiments relative to the Vice-Chair position, noting that her term would expire in 2022. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. Executive Director Gramitt informed that the petitioner who had requested and withdrawn an advisory opinion relating to housing authorities at the last Commission meeting has submitted an amended request. He stated that the staff is working on a new draft which he expects to be on the next meeting’s agenda. The final order of business was: Resolution of the Rhode Island Ethics Commission in Recognition and Profound Appreciation for Distinguished Service by Steven T. Cross, Chief of Investigations. Executive Director Gramitt addressed the Commission and expressed deep appreciation for Chief Investigator Cross’ twenty-five years of service, the longest tenure of any other staff member, in addition to his twenty-five years as a Providence Police Officer. Chair Quinn expressed gratitude to Chief Investigator Cross for his confidence-inducing professionalism and commitment to a safe and secure work environment. Chair Quinn read the following proposed Resolution into the Commission’s official record: RESOLUTION OF THE RHODE ISLAND ETHICS COMMISSION IN RECOGNITION AND PROFOUND APPRECIATION FOR DISTINGUISHED SERVICE BY STEVEN T. CROSS, CHIEF OF INVESTIGATIONS. WHEREAS, from 1971 to 1996, Steven T. Cross served with distinction in the City of Providence Police Department, holding various positions including patrolman, the Department’s first “Officer Friendly,” Instructor at the Providence Police Academy, Investigator for the Internal Affairs Bureau, and ultimately serving as a veteran Detective in the Narcotics and Organized Crime Bureau, playing a critical role in both state and federal prosecutions; and WHEREAS, Steven T. Cross agreed to retire from the Providence Police Department in order to join the Rhode Island Ethics Commission, on April 24, 1996, as its Chief of Investigations, where he was placed in charge of all Ethics Commission investigations into allegations that public officials and employees had committed violations of the Rhode Island Code of Ethics; and WHEREAS, as Chief of Investigations, Steven T. Cross brought his vast experience, professionalism, and exceptional investigative skills to the Ethics Commission to improve and transform its investigative procedures, leading and advising on countless Ethics Commission investigations and prosecutions brought against persons who were sworn to uphold the public trust; and WHEREAS, during his tenure at the Ethics Commission, Steven T. Cross served as a trusted mentor, advisor and sounding board for all his colleagues on the Commission staff, and became known to the Ethics Commissioners, public officials appearing before the Ethics Commission, and members of the public seeking assistance, for not only his deep expertise in law enforcement and ethics investigations, but also for his honesty, trustworthiness, humility, and empathy; and WHEREAS, after twenty-five years of service to the State of Rhode Island, Steven T. Cross will retire from his position at the Ethics Commission on September 21, 2021, it is hereby: RESOLVED, that the Rhode Island Ethics Commission extends its profound appreciation to Steven T. Cross for his fifty years of distinguished service to the People of the State of Rhode Island and its capital, the City of Providence, during which time he was instrumental in the establishment of a more ethical, open, and accountable administration of government. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adopt the Resolution of the Rhode Island Ethics Commission, previously read into the record, in recognition and profound appreciation for distinguished service by Steven T. Cross, Chief of Investigations. Chief Investigator Cross addressed the Commission and extended his appreciation to its members, the staff, and Executive Director Gramitt. He commented on some of his experiences at the Commission and the hard work and professionalism of all the staff members. He expressed confidence in its educational program and focus on helping public officials and employees, as well as the leadership of Executive Director Gramitt. Chief Investigator Cross extended special appreciation to his wife, Marcia Cross, and stated that he looks forward to spending time with his granddaughter during his retirement. At 10:03 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Kyle P. Palumbo Secretary