Minutes 11-14-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION November 14, 2023 The Rhode Island Ethics Commission held its 10th 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, November 14, 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 The following Commissioners were not present: Frank J. Cenerini and Matthew D. Strauss. 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 9:04 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on October 17, 2023. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To approve the minutes of the Open Session held on October 17, 2023. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed that today’s meeting is being livestreamed. 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. a.) Complaints and investigations pending There are eight complaints pending, all of which are substantive and currently under investigation. Executive Director Gramitt informed that the two remaining non-filing financial disclosure complaints settled, bringing the 2022 financial disclosure compliance rate to 100 percent. He further informed that the substantive complaints will likely be scheduled for settlements and/or probable cause hearings in the coming months. b.) Advisory opinions pending There are four advisory opinions that have been noticed for today’s meeting, and two other advisory opinions are pending. Executive Director Gramitt stated that several other advisory opinion requests were handled informally by the staff and ultimately withdrawn. In response to Commissioner Jones, Executive Director Gramitt explained that the staff receives calls on a daily basis from persons seeking advisory opinions, but many are helped informally, obviating the need for formal opinions. c.) 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. All the requests related to financial disclosure. d.) Financial Disclosure The 2023 financial disclosure season is approaching, and by the first of the year, individuals may begin filing online. Executive Director Gramitt informed that the Recusal module of the new Case Management System is almost complete, and the developer is conducting final testing. He stated that the goal is to have digitized recusal forms accessible online in 2024. Executive Director Gramitt noted that copies of a new recusal form are included in the Commissioners’ packets, and he explained updates that have been made to the form. In response to Commissioner Jones, Executive Director Gramitt stated that the new forms will be available to download. He further stated that a future stage of development will likely include online fillable forms that can be completed only by the individual filer, much like financial disclosure statements. Executive Director Gramitt informed that after development of modules for advisory opinions and complaints, existing financial disclosure data will be migrated to the same platform. e.) Ethics Administration/Office Update Executive Director Gramitt informed that he has been in direct communication with House Minority Leader Chippendale and the Governor’s Office, both having confirmed that they are vetting candidates for the remaining Commission vacancies. Commissioner Jones complimented the staff for their efforts with financial disclosure. 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: Gordon McNally, who is one of two candidates to become the next Resident Commissioner on the Scituate Housing Authority Board of Commissioners, requests an advisory opinion regarding whether, if appointed, he may continue to clear entrances and sidewalks of snow and ice during snowstorms where he lives at Rockland Oaks, given that he is compensated for that activity by the Scituate Housing Authority, which manages Rockland Oaks. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner could not be present, but the Chair of the Scituate Housing Authority Board of Commissioners, Ted Richard, the Executive Director of the Scituate Housing Authority, Pauline Galbreath, and the Board of Commissioner’s Legal Counsel, David Petrarca, were present. Commissioner Susi noted her personal experience with the challenges faced by housing authorities in keeping their residents safe. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Gordon McNally, who is one of two candidates to become the next Resident Commissioner on the Scituate Housing Authority Board of Commissioners. The next advisory opinion was that of: William J. Connell, a member of the North Smithfield School Committee, seeks an advisory opinion regarding whether, if hired as an Assistant Solicitor for the City of Woonsocket, the Code of Ethics would prohibit him from participating in the North Smithfield School Committee’s voting to pay invoices submitted by the City of Woonsocket for the tuition costs associated with North Smithfield students attending Woonsocket Public Schools under the Career and Technical Education program. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commissioner and informed that the enactment of a statute two years ago has leveled the playing field, and the tuition costs are now ministerially established. Commissioner Jones noted that the Rules of Professional Conduct also will apply to the Petitioner’s roles. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to William J. Connell, a member of the North Smithfield School Committee. The next advisory opinion was that of: Joseph Lang, a member of the North Scituate Village Overlay Committee, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before his own agency in order to seek a permit to build an attached addition to his primary residence. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had agreed to the Commission proceeding in his absence. Staff Attorney Popova Papa noted that the staff had provided the Petitioner with temporary safe harbor due to the cancelation of the Commission’s last meeting. In response to Commissioner Susi, Staff Attorney Popova Papa explained that an Overlay District is treated in a similar manner as Historic Districts. Commissioner Jones concurred. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to Joseph Lang, a member of the North Scituate Village Overlay Committee. The final advisory opinion was that of: Joy Cordio, a member of the Westerly Town Council, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from continuing to participate in Town Council discussions and decision-making relative to a proposed plan for the reuse of the former Tower Street School, given that the Tower Street School property is located in close proximity to the Petitioner’s personal residence. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had agreed to the Commission proceeding in her absence. In response to Commissioner Jones, Staff Attorney Popova Papa explained that the proposed use of the property could matter, depending on the financial impact. She further explained that if there is an expectation of a financial impact on the property owner, the Petitioner should recuse even if she is not an abutter. In response to Commissioner Peterson, Staff Attorney Popova Papa informed that there is no final plan yet for the building. In further response to Commissioner Peterson, Staff Attorney Popova Papa stated that she will advise the Petitioner that if a different use or option for the building is chosen that could impact the Petitioner, she should return to the Commission for further guidance. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Joy Cordio, a member of the Westerly Town Council. At 9:48 a.m., upon motion made by Commissioner Ricci and duly seconded by Commissioner Peterson, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on October 17, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) 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 9:50 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 November 14, 2023. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on November 14, 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: Unanimously voted (5-0) to approve the minutes of the Executive Session held on October 17, 2023. 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. There were none. At 9:51 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