Minutes 1-11-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 11, 2022 The Rhode Island Ethics Commission held its 1st meeting of 2022 in Zoom webinar format at 9:00 a.m. on Tuesday, January 11, 2022, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State.[1] The following Commissioners were present: Marisa A. Quinn, Chair Lauren E. Jones Arianne Corrente, Vice Chair Matthew D. Strauss Kyle P. Palumbo, Secretary Holly J. Susi J. Douglas Bennett 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 Peter J. Mancini and Gary V. Petrarca. At 9:01 a.m., the Chair opened the meeting. The first order of business was: Discussion of Remote Meeting Format; Identifying and Troubleshooting any Remote Meeting Issues. Executive Director Gramitt advised that the meeting is being held remotely pursuant to Governor McKee’s issuance of Executive Order 2022-01 on January 6, 2022. He explained that the meeting hosts will promote participants to panelists when their matters are called on the agenda and that all matters conducted in Open Session will be recorded. Executive Director Gramitt informed that if anyone experiences technical issues, he/she may call the Commission’s office for assistance. He asked the Commissioners to raise their hands or use the Raise Hand icon and verbally vote so that members of the audience can follow. He explained that following Open Session, everyone will leave, Open Session will be temporarily closed, and the Commission will convene in Executive Session. At the conclusion of Executive Session, the Commission will reconvene in the same Open Session for a report out of the matters addressed in Executive Session and to adjourn. Executive Director Gramitt further explained that all meeting materials are available on the Commission’s website, and the report out will be posted thereon shortly after the meeting adjourns. The next order of business was: Approval of minutes of the Open Session held on November 16, 2021. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was VOTED: To approve the minutes of the Open Session held on November 16, 2021. AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: J. Douglas Bennett. 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 staff continues some telework. He stated that Executive Order 2022-01, currently in effect, will expire on February 4, 2022, unless extended. He informed that the Commission’s next scheduled meeting on January 25, 2022, will be conducted remotely pursuant to that order. b.) Complaints and investigations pending There are two active complaints pending, one of which has been noticed for a probable cause hearing in executive session today, and the other is a non-filing complaint that will be noticed for an adjudication next month. c.) Advisory opinions pending There are eight advisory opinions pending, with four noticed for today’s meeting. d.) Access to Public Records Act requests since last meeting There were five APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that one request related to a complaint, three related to financial disclosure, and one related to an advisory opinion. Executive Director Gramitt informed that the staff is working on the 2021 financial disclosure filing season and the 2021 Financial Statement is now available for online filing. He stated that the staff will send out mailings in March and the deadline for this year is April 29, 2022. Executive Director Gramitt explained that the staff is working on updating the list of approximately 4,300 filers with all the municipalities, state agencies, charter schools, and fire districts, which involves considerable time and effort. e.) Administration/Office Updates Executive Director Gramitt informed that he and Financial Disclosure Officer Michelle Berg are involved in the creation of a new ethics website. He explained that the new website will be easier to navigate, ADA-compliant, available in other languages, and more user-friendly. Executive Director Gramitt stated that the go-live date is January 20, 2022. In response to Chair Quinn regarding financial disclosure, Executive Director Gramitt stated that other state agencies gather similar data but that the Commission needs more information for financial disclosure such as starting and ending dates of public service or employment, and updated addresses. 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: John Picozzi, a member of the Lincoln School Committee, who in his private capacity is the Vice President of the Lincoln Youth Basketball Association, a private non-profit organization, requests an advisory opinion regarding the proper management of any conflicts of interest that might arise as a result of his simultaneous service in both positions. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. The Petitioner addressed the Commission and explained that he requested the opinion because he wanted to be transparent. In response to Chair Quinn, the Petitioner stated that he would recuse if a donor appeared before the School Committee and that he would know the identity of any donors because of his membership on the Board of the Lincoln Youth Basketball Association (“LYBA”). Staff Attorney Popova Papa explained that in the past the Ethics Commission has determined that donors to a political campaign do not become business associates of the candidate for office; therefore, by analogy, any LYBA donors would not be business associates of LYBA or of the Petitioner. Commissioners Jones and Bennett expressed their gratitude for the Petitioner’s public service, especially during these challenging times. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John Picozzi, a member of the Lincoln School Committee, who in his private capacity is the Vice President of the Lincoln Youth Basketball Association, a private non-profit organization. The next advisory opinion was that of: Suzanna L. Alba, a member of the Smithfield Town Council, requests an advisory opinion regarding whether she may participate in Town Council discussions and decision-making relative to the interview, selection, and appointment of members to a sub-committee tasked with proposing to the Town Council a plan for the long-term use of a piece of property owned by the Town of Smithfield, given that the Petitioner’s personal residence is located in close proximity to the subject property. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present via video link. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Suzanna L. Alba, a member of the Smithfield Town Council. The next advisory opinion was that of: The Honorable Sandra Cano, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether she may accept employment by the City of Pawtucket as its Director of Commerce and serve simultaneously in both positions. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present via video link. In response to Commissioner Bennett, the Petitioner stated that if a large company were to come to Rhode Island, or more specifically to Pawtucket, she would either recuse in her public capacity from any conflicting matter or seek further direction from the Commission. In response to Commissioner Bennett, Staff Attorney Radiches explained that the instant matter does not trigger the revolving door prohibition because the Petitioner will serve in both positions simultaneously. Staff Attorney Radiches further explained that the Code does not automatically prohibit dual public service. Executive Director Gramitt stated that, unlike here, the past case to which Commissioner Bennett referred involved a state legislator accepting a state position, which the Code specifically prohibits. Commissioner Bennett advised the Petitioner to be very cautious as there is the potential for conflict in her dual roles. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Sandra Cano, a legislator serving as a member of the Rhode Island Senate. The final advisory opinion was that of: Kelley Morris Salvatore, a member of the State Housing Appeals Board, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from participating in the consideration of an appeal that was filed by a party aggrieved by a decision of the Lincoln Planning Board, given that the Petitioner’s brother-in-law, a member of the Lincoln Planning Board, participated in said decision. Staff Attorney Radiches presented the Commission Staff recommendation. Staff Attorney Radiches informed that the Petitioner could not be present today but agreed to the Commission proceeding in her absence. In response to Commissioner Jones, Staff Attorney Radiches explained that the appeal was adversarial in nature and that the Petitioner had represented that the Planning Board, while the decision-maker, is a party to the appeal. Commissioner Jones agreed with the recommendation that the Petitioner should recuse on the basis of her brother-in-law’s involvement, but he questioned the role of the parties and whether the Planning Board, as the decision-maker, is an opposing party such that the recusal exception under Commission Regulation 1.2.1 (B)(1) does not apply. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kelley Morris Salvatore, a member of the State Housing Appeals Board. The next order of business was that of: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 9:56 a.m., upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on November 16, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) 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 10:44 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on January 11, 2022. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To seal the minutes of the Executive Session held on January 11, 2022. 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. Voted (6-0) to approve the minutes of the Executive Session held on November 16, 2021. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: J. Douglas Bennett.] 2. Unanimously voted (7-0) in the matter of In re: Anthony Silva, Complaint No. 2021-3, to find that there does not exist probable cause to believe that the Respondent, the former Chief of Staff to the Governor of Rhode Island, violated R.I. Gen. Laws § 36-14-16 by failing to disclose a financial interest in the 45 Canning Street property on his 2017-2020 Statements filed with the Ethics Commission. The Complaint is dismissed with prejudice and the Commission will issue a written Decision & Order explaining the basis of its vote. 3. Unanimously voted (7-0) to return to Open Session. At 10:52 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 [1] On January 6, 2022, Governor Daniel McKee issued Executive Order 2022-01 that, due to the ongoing COVID-19 health crisis, relieves public bodies from the prohibitions regarding the use of telephonic or electronic communication to conduct meetings set forth under the Rhode Island Open Meetings Act. Executive Order 2022-01 will remain in full force and effect until February 4, 2022.