Minutes 10-17-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 17, 2023 The Rhode Island Ethics Commission held its 9th meeting of 2023 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, October 17, 2023, 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 Emma L. Peterson Lauren E. Jones, Vice Chair Hugo L. Ricci, Jr. Holly J. Susi, Secretary Matthew D. Strauss Frank J. Cenerini 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 9:05 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on September 12, 2023. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was VOTED: To approve the minutes of the Open Session held on September 12, 2023. AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Emma L. Peterson. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed that today’s meeting is being livestreamed and that the agenda and meeting materials are available on the Commission’s website. Executive Director Gramitt noted that only Open Session will be livestreamed, after which the livestream will be closed while the Commission convenes in Executive Session. At the conclusion of Executive Session, the Commission will resume livestreaming in Open Session and report out those actions taken in Executive Session. Executive Director Gramitt informed that a written report of actions taken in Executive Session will be posted on the website after the meeting concludes. a.) Complaints and investigations pending There are 10 complaints pending, six of which have been noticed for Executive Session today and involve motions for 60-day extensions of time for investigation. Executive Director Gramitt stated that there are two new complaints noticed for initial determination in today’s Executive Session. He informed that two non-filing financial disclosure complaints are pending. b.) Advisory opinions pending There are 12 advisory opinions pending, six of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were seven APRA requests received since the last meeting, all of which were granted within one business day. Five requests related to complaint matters and two related to Commission meeting materials. d.) Financial Disclosure There are two remaining non-filing financial disclosure complaints pending. In response to Commissioner Jones, Executive Director Gramitt stated that he spoke with the Governor’s office yesterday and was informed that its staff is currently vetting candidates for the remaining two Commission vacancies. e.) Ethics Administration/Office Update No updates. 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: Cynthia A. Coyne, a former member of the Rhode Island Senate, who is currently the Executive Director of the Senior Agenda Coalition of Rhode Island, a nonprofit entity, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from serving, prior to the expiration of one year after leaving legislative office, on a special legislative commission recently created by a Resolution of the Rhode Island House of Representatives. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Quinn, Staff Attorney Popova Papa stated that SACRI does not receive grants from the General Assembly, and it does not directly provide services but only provides information to older adult Rhode Islanders regarding available services. She further stated that the Study Commission reviews those services and makes recommendations to the General Assembly regarding any improvements to such services. Staff Attorney Popova Papa informed that the Petitioner will be advocating for the well-being of older citizens and not for her private employer. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Cynthia A. Coyne, a former member of the Rhode Island Senate, who is currently the Executive Director of the Senior Agenda Coalition of Rhode Island, a nonprofit entity. The next advisory opinion was that of: Robert Shaw, a member of the Cumberland Town Council, requests an advisory opinion regarding whether his simultaneous service as the Interim President and Registrar for the Cumberland Youth Soccer Association, a nonprofit organization, constitutes an inherent conflict of interest under the Code of Ethics. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, Staff Attorney Radiches stated that the Petitioner may not participate in any matter if it is reasonably foreseeable that his business associate could be financially impacted. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Robert Shaw, a member of the Cumberland Town Council. The next advisory opinion was that of: Mark Nimiroski, a member of the Tiverton Wastewater District Board of Directors, requests an advisory opinion regarding whether he may accept an offer of employment by that Board of Directors to become the Executive Director of the Tiverton Wastewater District. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present along with Leroy Kendricks, PE, Chairman of the Tiverton Wastewater District Board of Directors (“Board”), and Attorney David Petrarca, Legal Counsel to the Board. In response to Commissioner Ricci, Mr. Kendricks provided a brief overview of the efforts that the Board has made to find a new Executive Director since the Commission’s last meeting. He explained that deadlines are approaching, projects are pending, and the Board urgently needs an Executive Director to help manage the needs of the Wastewater District. In further response to Commissioner Ricci, Mr. Kendricks informed that the Board reached out to the four entities set forth in the draft opinion to advertise and network for the Board’s Executive Director position. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Mark Nimiroski, a member of the Tiverton Wastewater District Board of Directors. The next advisory opinion was that of: David M. D’Agostino, the Scituate Town Moderator, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from accepting, if offered, appointment by the Scituate Town Council to serve the remainder of his late father’s term as a member of the Town Council, provided that the Petitioner resigns as the Town Moderator, effective concurrent to that appointment. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to David M. D’Agostino, the Scituate Town Moderator. The next advisory opinion was that of: Karen D. Pinch, the Town Administrator for the Town of Richmond, requests an advisory opinion regarding whether the Code of Ethics prohibits her from hiring JN Jordan Plumbing to perform the plumbing and mechanical work on a home that she and her spouse are planning to build in the Town of South Kingstown, given that the owner of JN Jordan Plumbing is employed by the Town of Richmond as the Zoning Official and as the Plumbing and Mechanical Inspector. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, Staff Attorney Popova Papa stated that the Staff’s recommendation would likely be the same if the Petitioner were the subordinate and JN Jordan Plumbing were the supervisor, given that the subordinate would be the one initiating the transaction. Upon motion made by Commissioner Jones and duly seconded by Commissioner Ricci, it was unanimously VOTED: To issue an advisory opinion to Karen D. Pinch, the Town Administrator for the Town of Richmond. The last advisory opinion was that of: Yesenia Rubio, a member of the Pawtucket City Council, who in her private capacity co-owns and operates Notes Coffee Co. in the City of Pawtucket, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from applying for and potentially receiving in her private capacity loan funds from the Pawtucket Business Development Corporation, a private entity, and/or American Rescue Plan Act funds from the City of Pawtucket, given that the Pawtucket Business Development Corporation is funded, at least in part, by Pawtucket Community Development Block Grants and American Rescue Plan Act funds are awarded by the City of Pawtucket. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had agreed to the Commission proceeding in her absence. In response to Chair Quinn, Staff Attorney Radiches informed that the Mayor of Pawtucket is elected. In response to Commissioner Peterson, Staff Attorney Radiches stated that the City Council does not have the authority to allocate the grant funds and that the City’s Administration distributes such funds. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Yesenia Rubio, a member of the Pawtucket City Council, who in her private capacity co-owns and operates Notes Coffee Co. in the City of Pawtucket. At 9:46 a.m., upon motion made by Commissioner Ricci 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 September 12, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: David Patten, Complaint No. 2023-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: James E. Thorsen, Complaint No. 2023-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Daniel McKee, Complaint No. 2023-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: K. Joseph Shekarchi, Complaint No. 2023-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) In re: Frank Brown, Jr., Complaint No. 2023-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). g.) In re: Denise Brown, Complaint No. 2023-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). h.) In re: Richard Nassaney, Complaint No. 2023-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). i.) In re: Michael Colasante, Complaint No. 2023-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). j.) 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 10:24 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 October 17, 2023. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on October 17, 2023. 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 (6-0) to approve the minutes of the Executive Session held on September 12, 2023. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Emma L. Peterson.] Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: David Patten, Complaint No. 2023-6, for 60 days to February 7, 2024. Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: James E. Thorsen, Complaint No. 2023-7, for 60 days to February 7, 2024. Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: Daniel McKee, Complaint No. 2023-8, for 60 days to February 24, 2024. Unanimously voted (5-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: K. Joseph Shekarchi, Complaint No. 2023-3, for 60 days to January 26, 2024. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. RECUSALS: Lauren E. Jones and Hugo L. Ricci, Jr.] Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: Frank Brown, Jr., Complaint No. 2023-4, for 60 days to January 31, 2024. Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: Denise Brown, Complaint No. 2023-5, for 60 days to January 31, 2024. Unanimously voted (7-0) in the matter of In re: Richard Nassaney, Complaint No. 2023-9, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and to authorize an investigation. Unanimously voted (7-0) in the matter of In re: Michael Colasante, Complaint No. 2023-10, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and to authorize an investigation. An Initial Determination is a preliminary vote that should not be construed as an opinion regarding the truth of the facts alleged in the complaint but is merely a vote to conduct an investigation into the allegations raised. Unanimously voted (7-0) 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 10:29 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Holly J. Susi Secretary