Minutes 10-18-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 18, 2022 The Rhode Island Ethics Commission held its 11th meeting of 2022 at 10:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, October 18, 2022, 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 Matthew D. Strauss Kyle P. Palumbo, Secretary Holly J. Susi Lauren E. Jones The following Commissioners were not present: Arianne Corrente and 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 10:05 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on September 20, 2022. 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 20, 2022. AYES: Marisa A. Quinn; Lauren E. Jones; Holly J. Susi; and Matthew D. Strauss. ABSTENTION: Kyle P. Palumbo. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are six complaints pending, including two noticed for hearings in Executive Session today. b.) Advisory opinions pending There are four advisory opinions pending, all of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were six APRA requests received since the last meeting, all of which were granted within one business day. Five related to financial disclosure statements and one related to a recusal. d.) 2021 Financial Disclosure No updates. e.) Ethics Administration/Office and Education Updates Executive Director Gramitt informed that office renovations should be completed by the Commission’s next meeting. He further informed that the staff is in the budget and development process for a new case management system that will be used to track complaints and recusals similar to the database now in place for tracking financial disclosure and running reports. Executive Director Gramitt stated that the Commission’s election of officers will be held at the next meeting on November 15, 2022. Chair Quinn and Commissioner Palumbo expressed a willingness to continue serving in their present roles. Chair Quinn encouraged any other Commissioners interested in serving to express such interest. Chair Quinn represented that Commissioner Corrente also has indicated her willingness to continue serving in her current role. 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: Kristen Danusis, the Director of School and District Improvement at the Rhode Island Department of Education, who also serves as a member of the Coventry School Building Committee, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in the School Building Committee’s process relative to its submission of a proposal to the Department of Education seeking funding for capital improvement projects for school buildings located in the Town of Coventry. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Jones and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To issue an advisory opinion to Kristen Danusis, the Director of School and District Improvement at the Rhode Island Department of Education, who also serves as a member of the Coventry School Building Committee. The next advisory opinion was that of: The Honorable Mark E. Liberati, a Jamestown Probate Judge, who in his private capacity is a practicing attorney, requests an advisory opinion regarding whether the Code of Ethics prohibits him from representing a private client before the Jamestown Town Council, given that the Town Council is the appointing authority for the Probate Judge position. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. After discussion, upon motion made by Commissioner Jones and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To issue an advisory opinion to The Honorable Mark E. Liberati, a Jamestown Probate Judge, who in his private capacity is a practicing attorney. The next advisory opinion was that of: Katie Alijewicz, the former Deputy Director of the Medicaid Program within the Executive Office of Health and Human Services, requests an advisory opinion regarding the application of the revolving door provisions of the Code of Ethics to her current private employment as a Senior Consultant with the Public Consulting Group. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Jones, Staff Attorney Radiches explained that the Petitioner may not sign any requests for proposals in her private capacity for submission to her former state agency or one of its departments prior to the expiration of one year following her severance therefrom. In response to Commissioner Palumbo, Staff Attorney Radiches and Legal Counsel DeSimone stated that the prohibition against the use of confidential information under § 36-14-5(b) requires that the use of such information result in a financial benefit to oneself or to an employer. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Katie Alijewicz, the former Deputy Director of the Medicaid Program within the Executive Office of Health and Human Services. The final advisory opinion was that of: Charles A. Collins, Jr., a member of the Scituate Budget Committee, who is also a member of the Scituate Housing Authority, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from continuing to serve in either position if he accepts an offer of private employment from First Student, Inc., the bussing company with which the Scituate School Committee/Scituate School Department currently contracts for services. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Jones and duly seconded by Commissioner Strauss, it was unanimously VOTED: To issue an advisory opinion to Charles A. Collins, Jr., a member of the Scituate Budget Committee, who is also a member of the Scituate Housing Authority. At 10:42 a.m., upon motion by Commissioner Jones and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on September 20, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Dan Patterson, Complaint No. 2022-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Stephen P. Mattscheck, Complaint No. 2022-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. At 11:59 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on October 18, 2022. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on October 18, 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: Voted (4-0) to approve the minutes of the Executive Session held on September 20, 2022. [Reporter’s Note: The votes were as follows: AYES: Marisa A. Quinn; Lauren E. Jones; Holly J. Susi; and Matthew D. Strauss. ABSTENTION: Kyle P. Palumbo.] Unanimously voted (5-0) in the matter of In re: Dan Patterson, Complaint No. 2022-8, to approve an Informal Resolution & Settlement by which the Ethics Commission imposed a civil penalty of $500 for violations of the Financial Disclosure Mandate. Copies of the Informal Resolution & Settlement will be available at the conclusion of the meeting. In the matter of In re: Stephen P. Mattscheck, Complaint No. 2022-1, the Commission took the following actions: Unanimously voted (5-0) to find that there exists probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-16 by failing to disclose his interest in real property designated as 0 Hallville Road, Exeter, RI on his 2016-2020 Financial Disclosure Statements; Unanimously voted (5-0) to find that there exists probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-16 by failing to disclose executive positions that he held in RIPWA on his 2016-2020 Financial Disclosure Statements; Unanimously voted (5-0) to find that there exists probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-16 by failing to disclose executive positions that he held in NEAPWA on his 2016-2020 Financial Disclosure Statements; Unanimously voted (5-0) to find that there does not exist probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-16 by failing to disclose out-of-state travel provided to him by the Town on his 2016-2020 Financial Disclosure Statements; Unanimously voted (5-0) to find that there does not exist probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-16 by failing to disclose income he received from his father and from RIPWA on his 2016-2020 Financial Disclosure Statements; Unanimously voted (5-0) to find that there does not exist probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-5(a) or (d) by purchasing a Volvo Loader in 2020 from C.N. Wood on behalf of the Town; and Unanimously voted (5-0) to find that there does not exist probable cause to believe that the Respondent, Stephen P. Mattscheck, Public Works Director for the Town of Exeter, violated R.I. Gen. Laws § 36-14-5(a) or (d) by recommending to the Town Council in 2020 that the Town of Exeter award a contract to Tighe & Bond. The Commission will schedule an adjudicative hearing on its Findings of Probable Cause. The allegations for which probable cause was not found are dismissed with prejudice. Unanimously voted (5-0) to return to Open Session. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. No new business was proposed. At 12:04 p.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Kyle P. Palumbo Secretary