Minutes January 28, 2025
MINUTES OF THE OPEN SESSION
OF THE RHODE ISLAND ETHICS COMMISSION
January 28, 2025
The Rhode Island Ethics Commission held its 2nd meeting of 2025 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 28, 2025, 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:
Lauren E. Jones, Chair Frank J. Cenerini
Holly J. Susi, Vice Chair Jill Harrison
Matthew D. Strauss, Secretary Hugo L. Ricci, Jr.
Dr. Michael Browner, Jr.
The following Commissioners were not present: Emma L. Peterson and Scott P. Rabideau.
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 7, 2025.
Upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To approve the minutes of the Open Session held on January 7, 2025.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; and Holly J. Susi.
ABSTENTIONS: Jill Harrison; Hugo L. Ricci, Jr.; and Matthew D. Strauss.
The next order of business was:
Director’s Report: Status report and updates.
Executive Director Gramitt informed that the meeting materials and agenda are available on the Commission’s website. He stated that the Open Session portion of today’s meeting is being livestreamed, and the link also is available on the Commission’s website. He explained that the livestream will be closed while the Commission convenes in Executive Session. At the conclusion of a brief Executive Session today, the Commission will resume livestreaming in Open Session and report out all actions taken in Executive Session. The report out also will be available on the Commission’s website after the meeting.
a.) Complaints and investigations pending
There are three complaints pending. Executive Director Gramitt stated that there were four as of the last meeting, however, the last remaining 2023 financial disclosure complaint, In re: Michael J. Dowhan Jr., was informally resolved last week. He informed that the complaint had been served on the Respondent along with a copy of the prior fine schedule. Executive Director Gramitt further informed that the Respondent eventually filed his 2023 statement but did not submit a signed Consent to Finding of Violation form or the $100 civil penalty. Executive Director Gramitt stated that the staff was unable to contact the Respondent, and the matter proceeded to a probable cause hearing. Executive Director Gramitt stated that after noticing the matter for an adjudication, the staff learned that the Respondent was experiencing medical issues, and the adjudication was canceled pending further efforts to contact him. Executive Director Gramitt further stated that the staff heard from the Respondent last Friday and met with him to informally resolve the complaint. Executive Director Gramitt noted that resolution of this last financial disclosure complaint resulted in a 100 percent compliance rate for the 2023 financial disclosure season.
In the matter of In re: James Thorsen, Executive Director Gramitt informed that the Respondent’s legal counsel filed a miscellaneous petition in Superior Court, which now must be approved by a Pennsylvania court, to conduct depositions of the witnesses located in that state. Executive Director Gramitt stated that legal counsel in the matter of In re: Michael Colasante are working to reach an agreeable date for an adjudication, perhaps in March.
b.) Advisory opinions pending
There are nine advisory opinions pending, six of which have been noticed for today’s meeting.
c.) Access to Public Records Act requests since last meeting
There was one APRA request received since the last meeting which was granted within one business day. The request related to complaints and Commission meeting recordings. In response to Chair Jones, Executive Director Gramitt explained that Commission meeting recordings are available online, as are financial disclosure statements, but also may be provided via email upon request.
d.) Financial disclosure
Executive Director Gramitt informed that the 2023 Financial Disclosure season has concluded.
e.) General office administration
Executive Director Gramitt informed that the next meeting will be held on February 11, 2025, at which Common Cause will provide further information regarding its petition for rulemaking. In response to Chair Jones, Executive Director Gramitt stated that Common Cause will be submitting additional material for distribution to the Commissioners in advance of that meeting.
Executive Director Gramitt informed of the passing of J. William W. Harsch, Esq., who served on the Ethics Commission from 2008 through 2012. Executive Director
Gramitt extended the Commission’s condolences to the family.
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:
Craig R. Committo, a member of the Tiverton Town Council, who in his private capacity is an electrician who owns and operates Committo Electric, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from having his electrical work for clients in Tiverton inspected by Tiverton’s electrical inspector.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner informed that the Town has not adjusted the electrical permit fees since 2016. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Cenerini, it was unanimously
VOTED: To issue an advisory opinion to Craig R. Committo, a member of the Tiverton Town Council, who in his private capacity is an electrician who owns and operates Committo Electric.
The next advisory opinion was that of:
Carlos Zambrano, the Director of Information Technology for the City of East Providence, requests an advisory opinion regarding whether the Code of Ethics prohibits him from attending an out-of-state IT security summit, with all expenses paid by the summit’s organizer through sponsorship from various companies, including CrowdStrike whose antivirus software program the City of East Providence purchases through a city vendor.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Dr. Michael Browner, Jr. and duly seconded by Commissioner Susi, it was unanimously
VOTED: To issue an advisory opinion to Carlos Zambrano, the Director of Information Technology for the City of East Providence.
The next advisory opinion was that of:
Nicole Renzulli, a former member of the Cranston City Council, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from accepting an appointment by the mayor of the City of Cranston to the Cranston Planning Commission, an unpaid position, within one year after leaving her position as a city council member.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Harrison, it was unanimously
VOTED: To issue an advisory opinion to Nicole Renzulli, a former member of the Cranston City Council.
The next advisory opinion was that of:
Lauren E. Hill, chief legal counsel for the Rhode Island Commission for Human Rights, requests an advisory opinion regarding whether the Code of Ethics prohibits her from serving as a member of the Providence Housing Authority Board of Commissioners.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Ricci, the Petitioner informed that she could not recall an occasion when a housing applicant also had appeared before the Human Rights Commission. She represented that if such a situation arose, she would recuse as legal counsel for the Human Rights Commission in that matter, and another attorney would serve in her place. In response to Commissioner Harrison, the Petitioner stated that her compensation will be a flat rate of less than $100 per diem. Upon motion made by Commissioner Cenerini and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To issue an advisory opinion to Lauren E. Hill, chief legal counsel for the Rhode Island Commission for Human Rights.
The next advisory opinion was that of:
Kathryn M. Crowley, a member of the Cranston School Committee, requests an opinion regarding whether the Code of Ethics prohibits her from participating in the
collective bargaining negotiations with the Cranston teachers’ union, and from voting to approve or reject the negotiated collective bargaining agreement, given that her daughter-in-law is employed as a guidance counselor in the Cranston School
District and is a member of the local teachers’ union.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. In response to Chair Jones, Staff Attorney Popova Papa represented that she spoke to the Petitioner about the draft opinion and the Petitioner understood its guidance. In response to Commissioner Susi, Staff Attorney Popova Papa explained that the Petitioner may participate in discussion, provided that it does not concern guidance counselors specifically. Commissioner Cenerini noted an advisory opinion request that the Commission considered at a recent meeting involving a Warwick official who was permitted to participate in discussion and vote on contract negotiations as part of the class exception analysis. Chair Jones stated that here the Petitioner is permitted to participate provided that her daughter-in-law will be impacted to no greater extent than any other similarly situated individual. Staff Attorney Popova Papa explained the reasoning behind why a public official is prohibited from participating in the negotiation of a collecting bargaining agreement to which his or her family member is a party but is allowed to vote on the contract as a whole. Upon motion made by Dr. Michael Browner, Jr. and duly seconded by Commissioner Cenerini, it was unanimously
VOTED: To issue an advisory opinion to Kathryn M. Crowley, a member of the Cranston School Committee.
The final advisory opinion was that of:
Catherine A. McMahon, the assistant director of financial and contract management for the Rhode Island Department of Administration, requests an advisory opinion regarding whether she is permitted by the Code of Ethics to participate in discussions and recommendations relating to the state’s potential use of additional credit card features offered by JPMorgan Chase, given that the Petitioner and members of her family own shares of stock in JPMorgan Chase.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. Staff Attorney Radiches noted a correction to page four of the draft to add the word “that” to the last sentence of the last paragraph. Commissioner Ricci expressed concern with whether the Petitioner engaged in active trading of JPMorgan Chase stock, such as buying or selling put and call options, and whether she could use her public position or information received through her position to help her realize a profit on such actively traded investments. Staff Attorney Radiches explained that those questions are not before the Commission at this time and that the instant question presented centers on whether the Petitioner may participate in discussions and making recommendations relating to adding expanded credit card services to the state’s contract with JPMorgan. Discussion ensued regarding the amount of decision-making with which the Petitioner’s group is vested for purposes of modifying the state’s contract with JPMorgan. Commissioner Harrison noted that the group is comprised of only four members. Commissioner Strauss inquired as to the value of the program/added services and how much JPMorgan would be financially impacted if the state adds these services to its contract.
Chair Jones asked whether there was a motion to approve and issue the advisory opinion as amended and presented by staff. There being no motion made, Chair Jones then asked whether there was a motion to deny the advisory opinion as amended and presented by staff. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Strauss, it was
VOTED: To deny the advisory opinion as presented by the staff.
AYES: Hugo L. Ricci, Jr.
NOES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Jill Harrison; Holly J. Susi; and Matthew D. Strauss.
The motion failed.
Further discussion ensued regarding whether it would be helpful to the Commission’s analysis if the value of the program/additional services could be ascertained and/or the Petitioner could be present to explain. Commissioner Ricci stated that it may not be necessary for the Petitioner to be present if Staff Attorney Radiches could obtain information from the Petitioner regarding whether she actively trades in JPMorgan stock and whether her actions as a public employee relative to JPMorgan’s business with the state would have any impact on her private investments. Staff Attorney Radiches noted that the Petitioner has stated that she inherited her stocks from her mother in 2010 and currently has the same number of stocks that she inherited. Staff Attorney Radiches further noted that it may be difficult to obtain information from the Respondent concerning the shares of JPMorgan Chase stock owned by her siblings.
Chair Jones asked whether there was a motion to continue consideration of the advisory opinion for Catherine McMahon to the Commission’s next meeting date. In response to Commissioner Ricci’s question regarding parliamentary procedure, Legal Counsel DeSimone advised that since there had been no vote to approve the advisory opinion, the Commission’s consideration of the motion to deny issuance of the advisory opinion had been proper. Thereafter, and as a result of the ensuing discussion, additional information could be obtained from the Petitioner for the Commission’s consideration and voting at a future meeting. Upon motion made by Commissioner Cenerini and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To continue consideration of the advisory opinion to Catherine A. McMahon to the next Commission meeting.
AYES: Dr. Michael Browner, Jr.; Frank J. Cenerini; Jill Harrison; Holly J. Susi; and Matthew D. Strauss.
NOES: Lauren E. Jones and Hugo L. Ricci, Jr.
At 10:19 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Harrison, it was unanimously
VOTED: To go into Executive Session, to wit:
a.) Motion to approve minutes of Executive Session held on January 7, 2025, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).
b.) Motion to return to Open Session.
Executive Director Gramitt informed that the livestream of the meeting would be stopped during Executive Session.
At 10:21 a.m., the Commission reconvened in Open Session. The livestream of the meeting resumed.
The next order of business was:
Report on actions taken in Executive Session.
Chair Jones 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 7, 2025.
[Reporter’s Note: The vote was as follows:
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; and Holly J. Susi.
ABSTENTIONS: Jill Harrison; Hugo L. Ricci, Jr.; and Matthew D. Strauss.]
-
Unanimously voted (7-0) to return to Open Session.
The next order of business was:
Motion to seal minutes of Executive Session held on January 28, 2025.
Upon motion made by Commissioner Susi and duly seconded by Commissioner Strauss, it was unanimously
VOTED: To seal the minutes of the Executive Session held on January 28, 2025.
The next order of business was:
New Business proposed for future Commission agendas and
general comments from the Commission.
Executive Director Gramitt informed that during his recent annual ethics training of the House of Representatives a question was raised as to whether the Ethics Commission might consider raising the $25 gift limit amount set forth in the gift regulation since 2005. Executive Director Gramitt noted that this issue has been raised previously by the General Assembly and asked whether the Commission wished to notice it for discussion on a future agenda. Commissioner Cenerini raised for discussion the question of what the equivalent of the $25/$75 threshold amounts would be in today’s market. Executive Director Gramitt informed that some other jurisdictions utilize index calculations to account for increases in their gift limit amounts. In response to Commissioner Ricci, Executive Director Gramitt explained that every state addresses gifts slightly differently, with some utilizing zero tolerance prohibitions for specific classes, such as lobbyists. He indicated that Rhode Island’s $25 threshold would be a fairly standard amount nationally. He noted that RI’s gift regulation is easy to understand in comparison to most others. Upon motion made by Commissioner Harrison and duly seconded by Commissioner Cenerini, it was
VOTED: To notice the question of whether to raise the gift limit amount on a future Commission meeting agenda.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Jill Harrison; Hugo L. Ricci, Jr.; and Matthew D. Strauss.
NOES: Holly J. Susi.
At 10:30 a.m., upon motion made by Commissioner Harrison and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To adjourn the meeting.
Respectfully submitted,
___________________________
Matthew D. Strauss
Secretary