Minutes 1-23-24 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 23, 2024 The Rhode Island Ethics Commission held its 2nd meeting of 2024 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, January 23, 2024, 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 Frank J. Cenerini Lauren E. Jones, Vice Chair Hugo L. Ricci, Jr. Holly J. Susi, Secretary Matthew D. Strauss The following Commissioner was not present: Emma L. Peterson. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Lynne M. Radiches, Staff Attorney/Education Coordinator; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Peter J. Mancini, Gary V. Petrarca, and Kevin Santurri. 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 January 9, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To approve the minutes of the Open Session held on January 9, 2024. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed that the Open Session portion of today’s meeting is being livestreamed, after which the livestream will be closed while the Commission convenes in Executive Session. He stated that the link for the meeting along with meeting materials are available on the Commission’s website. At the conclusion of Executive Session, the Commission will resume livestreaming in Open Session and report out all actions taken in Executive Session. a.) Complaints and investigations pending There are eight complaints pending, two of which are awaiting approval of the Commission’s written Decision and Order in each. b.) Advisory opinions pending There are six advisory opinions pending, two of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were 13 APRA requests received since the last meeting, all of which were granted within one business day. All requests related to complaint matters. d.) Financial Disclosure None. e.) General office administration None. 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: David A. Ursillo, Esq., an Assistant Solicitor for the Town of Smithfield, requests an advisory opinion regarding whether he may attend and speak at public hearings before the Smithfield Planning Board and, potentially, the Smithfield Zoning Board and the Smithfield Town Council, regarding the proposed development of property located in close proximity to his personal residence. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to David A. Ursillo, Esq., an Assistant Solicitor for the Town of Smithfield. The final advisory opinion was that of: Matthew McGeorge, AIA, LEED AP, a former 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 against representing his client before the Historic District Commission prior to the expiration of one year following the severance of the Petitioner’s position with that agency. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Matthew McGeorge, AIA, LEED AP, a former member of the East Greenwich Historic District Commission, who in his private capacity is an architect. At 9:17 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on January 9, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Daniel McKee, Complaint No. 2023-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: David Patten, Complaint No. 2023-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: James E. Thorsen, Complaint No. 2023-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) Motion to return to Open Session. Executive Director Gramitt reminded all in attendance that the Open Session portion of the livestream meeting will close for Executive Session and will be reactivated for Open Session after Executive Session concludes. At 10:06 a.m., the Commission reconvened in Open Session. The livestream of the meeting resumed. The next order of business was: Motion to seal minutes of Executive Session held on January 23, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on January 23, 2024. 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: Voted (4-0) to approve the minutes of the Executive Session held on January 9, 2024, relating to K. Joseph Shekarchi. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Holly J. Susi; and Matthew D. Strauss. ABSTENTIONS: Lauren E. Jones and Hugo L. Ricci, Jr.] Unanimously voted (6-0) to approve the minutes of the Executive Session held on January 9, 2024, relating to all other matters excluding K. Joseph Shekarchi. Unanimously voted (6-0) in the matter of In re: Daniel McKee, Complaint No. 2023-8, to find that there does not exist probable cause to believe that the Respondent committed a knowing and willful violation of the Code of Ethics. The Complaint was dismissed with prejudice. Copies of the Investigative Report will be available at the conclusion of the meeting. The Commission will prepare and issue a written Decision & Order explaining the basis of its vote. Unanimously voted (6-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, Second Extension in the matter of In re: David Patten, Complaint No. 2023-6, for 60 days to April 7, 2024. Unanimously voted (6-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, Second Extension in the matter of In re: James E. Thorsen, Complaint No. 2023-7, for 60 days to April 7, 2024. Unanimously voted (6-0) to return to Open Session. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There were none. At 10:11 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Jason Gramitt Executive Director