Minutes September 26, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION September 26, 2017 The Rhode Island Ethics Commission held its 11th 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, September 26, 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 John D. Lynch, Jr. Marisa A. Quinn, Vice Chair Arianne Corrente Robert A. Salk, Secretary The following Commissioners were not present: M. Therese Antone; J. Douglas Bennett; Timothy Murphy; 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 Peter J. Mancini and Gary V. Petrarca. At 9:08 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on September 12, 2017. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was VOTED: To approve minutes of the Open Session held on September 12, 2017. AYES: Robert A. Salk; Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: John D. Lynch, Jr. 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: Denise D. Sierra, a member of the Woonsocket City Council, requests an advisory opinion regarding the application of the Code of Ethics to her participation in matters before the City Council that involve and financially impact her former employer. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner informed the Commission that the sale of the school had already been awarded but she abstained from voting on that award. Chair Cheit stated that elected officials, like the Petitioner, have a duty to vote if they can and the Code of Ethics permits it. Chair Cheit asked that the advisory opinion be amended to include language to this effect. Staff Attorney Gramitt addressed the Commission and stated that the advisory opinion could be amended to include language that balances the duty of officials to avoid any appearance of impropriety against their obligation to perform official duties when the Code allows it. Chair Cheit stated that caution should be exercised against over-recusal by public officials and Commissioner Quinn concurred. Staff Attorney Gramitt informed that he will present the amended advisory opinion to the Commission at its next meeting, and the Petitioner will receive safe harbor in the interim. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously VOTED: To provide safe harbor to Denise D. Sierra, a member of the Woonsocket City Council, pursuant to the current advisory opinion draft, and present an amended advisory opinion to the Commission at its next meeting. The next advisory opinion was that of: Anthony DeSisto, whose firm is the Solicitor for the Town of Warren, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from representing or advising the Town of Warren Planning Board on a major subdivision application, given that the applicant bears a name that is identical to one of the Petitioner’s former clients. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present, but Attorney Peter Skwirz appeared on his behalf. Attorney Skwirz addressed the Commission and explained that the Petitioner sought this advisory opinion out of an abundance of caution because some objectors to the subdivision project had raised the issue. Upon motion made by Commissioner Salk and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Anthony DeSisto, whose firm is the Solicitor for the Town of Warren. The next advisory opinion was that of: Frank Colin Douglas, a member of the Barrington Committee on Appropriations, requests an advisory opinion regarding whether the Code of Ethics imposes any limitations on his public service given that his wife is currently serving as an elected member of the Barrington School Committee. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Frank Colin Douglas, a member of the Barrington Committee on Appropriations. The next order of business was: Director’s Report. Executive Director Willever reported that there were five (5) complaints, six (6) advisory opinions, and two (2) litigation matters pending. He stated that six (6) APRA requests were received since the last meeting, all of which were granted within one business day. The next order of business was: Election of Officers. Chair Cheit recommended that the election of officers be continued to the next meeting so that more Commissioners could participate. Executive Session. At 9:29 a.m., upon motion made by Commissioner Quinn 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 September 12, 2017, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2.In re: Christopher Willi, Complaint Nos. 2017-4 & 2017-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Angelo Padula, Jr., Complaint No. 2017-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. 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). 5. Discussion of personnel matter pursuant to R.I. Gen. Laws § 42-46-5(a)(1) and (2). 6. Motion to return to Open Session. Before convening in Executive Session, Chair Cheit noted that the affected individual received notice of and waived the right to have discussion of the personnel matter take place in Open Session. The Commission reconvened in Open Session at 10:40 a.m. The next order of business was: Motion to seal minutes of Executive Session held on September 26, 2017. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Lynch, it was unanimously VOTED: To seal minutes of the Executive Session held on September 26, 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 (4-0) to approve the minutes of the Executive Session held on September 12, 2017. [Reporter’s Note: The vote was as follows: AYES: Robert A. Salk; Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: John D. Lynch, Jr.] 2. Unanimously voted (5-0) in the matter of In re: Christopher Willi, Complaint Nos. 2017-4 & 2017-5, to approve an Informal Resolution & Settlement and impose a civil penalty of $1,250. 3. Unanimously voted (5-0) to initially determine that the facts alleged in In re: Angelo Padula, Jr., Complaint No. 2017-7, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 4. Received a litigation update in and discussed the matter of Antonio S. Fonseca v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC2017-3591. 5. Discussed a personnel matter. The next order of business was: Report from Commission staff, and discussion, regarding codification and reformatting of Commission Regulations to conform to requirements of amended Administrative Procedures Act for inclusion in a uniform Rhode Island Code of Regulations (RICR). Staff Attorney Gramitt addressed the Commission and informed that the current system of numbering Commission regulations will be preserved under the RICR. He stated that Staff Attorney Popova Papa has been working with the Secretary of State’s Office to draft and organize the new numbering system. Staff Attorney Gramitt explained that the former regulation numbers will become part of the new title of the regulations. This will allow the staff and members of the public to search advisory opinions online using the former regulation numbers. Staff Attorney Gramitt stated that the second phase of the codification and reformatting project will be to refine definitions, organize their locations under the Code, and eliminate duplicates. Staff Attorney Gramitt noted that these are technical revisions that will not involve rule-making and, therefore, do not require the Commission Staff to come before the Commission. The final order of business was: New Business. Chair Cheit asked Commission Staff to review a prior draft proposed regulation relating to issuance of written decisions in all dismissed cases for future discussion. At 10:48 a.m., upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________Robert A. Salk Secretary