Minutes December 10, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION December 10, 2024 The Rhode Island Ethics Commission held its 14th 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, December 10, 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: Lauren E. Jones, Chair Jill Harrison Holly J. Susi, Vice Chair Emma L. Peterson Matthew D. Strauss, Secretary Scott P. Rabideau Dr. Michael Browner, Jr. Hugo L. Ricci, Jr. Frank J. Cenerini Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; 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 October 29, 2024. Upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was unanimously VOTED: To approve the minutes of the Open Session held on October 29, 2024. The next order of business was: Director’s Report: Status report and updates. Senior Staff Attorney D’Arezzo advised that Executive Director Gramitt is attending the COGEL conference in Los Angeles and she will be acting in his absence. She informed that the meeting materials and agenda are available on the Commission’s website. She stated 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. At the conclusion of Executive Session, 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 five complaints pending, two of which have been noticed for today in executive session, one for a probable cause hearing and the other for an initial determination. Senior Staff Attorney D’Arezzo stated that there are three remaining complaint matters in which probable cause determinations have been made and for which adjudicative hearings will be conducted in 2025. She informed that the non-filing matter of In re: Michael Dowhan Jr. has been noticed for an adjudication on January 7, 2025. She noted that the Prosecution recently learned that the Respondent is dealing with health issues that may necessitate postponing that hearing date. Senior Staff Attorney D’Arezzo next informed that discovery is ongoing in the matter of In re: James Thorsen and that the Prosecution is awaiting proposed dates from the Respondent’s counsel to conduct depositions. In the final matter of In re: Michael Colasante, Senior Staff Attorney D’Arezzo advised that she is in communication with the Respondent’s counsel relative to scheduling an adjudicative hearing in early 2025. Senior Staff Attorney D’Arezzo informed that a Decision and Order will issue this week in the matter of In re: Scott Millar. Chair Jones explained that he had inquired as to the procedural status of these cases in advance of today’s meeting. He stated, however, that the Commission cannot engage in any discussion of the merits of these pending matters without noticing the parties for hearing. b.) Advisory opinions pending There are seven advisory opinions pending, three of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were three APRA requests received since the last meeting, two of which related to complaint matters and were granted within one business day. The remaining request involved extensive financial disclosure records and remains pending, with the statute tolled, while the staff awaits the requester’s payment of associated costs. d.) Financial disclosure At the last meeting, the Commission had initial discussion of a proposed new fine schedule for complaints alleging delinquent and deficient financial statements. Senior Staff Attorney D’Arezzo informed that the staff has been working to incorporate the Commissioners’ comments into a new draft that is expected to be presented for discussion and potential vote at the January 7, 2025 meeting. e.) General office administration Senior Staff Attorney D’Arezzo informed that Executive Director Gramitt is attending the COGEL conference this week, where he will be a member of a panel discussing gift regulation enforcement. 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: Shelley Peterson, a member of the Providence City Council, requests an advisory opinion regarding whether the Code of Ethics prohibits her from accepting private employment with a state vendor in a position that works with the Rhode Island Emergency Management Agency on municipal grant management while continuing to serve on the city council. Staff Attorney Popova Papa presented the Commission Staff recommendation and explained that the Petitioner had been granted safe harbor protection in anticipation of today’s meeting. The Petitioner was present. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To issue an advisory opinion to Shelley Peterson, a member of the Providence City Council. The next advisory opinion was that of: Derrik Trombley, a member-elect of the Warren Town Council, who in his private capacity serves as a trustee of the George Hail Free Library in Warren, a private entity, requests an advisory opinion regarding the proper management of any conflicts of interest that might arise as a result of his simultaneous service in both positions. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To issue an advisory opinion to Derrik Trombley, a member-elect of the Warren Town Council, who in his private capacity serves as a trustee of the George Hail Free Library in Warren, a private entity. The final advisory opinion was that of: David Sisson, a member of the Pawtucket Historic District Commission, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before his own board in order to allow him to seek a certificate of appropriateness for maintenance and repair to his residence. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner clarified that the paver stones are on the walls of the home rather than the walkway. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to David Sisson, a member of the Pawtucket Historic District Commission. At 9:25 a.m., upon motion made by Commissioner Cenerini 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 October 29, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Anastacia Williams, Complaint No. 2024-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Heidi Weston Rogers, Complaint No. 2024-12, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. Senior Staff Attorney D’Arezzo informed that the livestream meeting would be stopped during Executive Session. At 9:45 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 December 10, 2024. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on December 10, 2024. 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: Unanimously voted (9-0) to approve the minutes of the Executive Session held on October 29, 2024. Voted (8-0) in the matter of In re: Anastacia Williams, Complaint No. 2024-11, to continue the matter to January 7, 2025, due to the Respondent’s family emergency. [Reporter’s Note: The vote was as follows: AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Jill Harrison; Emma L. Peterson; Scott P. Rabideau; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Hugo L. Ricci, Jr.] Unanimously voted (9-0) in the matter of In re: Heidi Weston Rogers, Complaint No. 2024-12, 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 (9-0) 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 9:49 a.m., upon motion made by Commissioner Ricci and duly seconded by Dr. Michael Browner, Jr., it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ___________________________ Matthew D. Strauss Secretary