Minutes 12-12-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION December 12, 2023 The Rhode Island Ethics Commission held its 11th 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, December 12, 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; Commission Investigators Peter J. Mancini and Kevin Santurri; and Commission Administrative Assistant Sabrina Depina. 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 November 14, 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 November 14, 2023. AYES: Marisa A. Quinn; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Frank J. Cenerini and Matthew D. Strauss. 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. He further informed 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 ten complaints pending, including two new ones that were filed since the last meeting. Executive Director Gramitt informed that several of the complaints will be scheduled for probable cause hearings in the next few months. b.) Advisory opinions pending There are five advisory opinions, three of which have been noticed for today’s meeting. 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. One request related to financial disclosure, two related to recusals, and two related to advisory opinions. d.) Financial Disclosure Online filing for the 2023 financial disclosure statements will be available on January 2, 2024, and the deadline for filing is April 26, 2024. e.) General office administration Executive Director Gramitt introduced Sabrina Depina, who recently joined the Commission staff as its new Administrative Assistant. Executive Director Gramitt stated that a tentative 2024 Commission meeting schedule has been included in the Commissioners’ binders. He noted that meeting invitations will be sent electronically to the Commissioners who have requested them. Executive Director Gramitt informed that the Recusal module of the new Case Management System is expected to be live by the year’s end, after which the module for advisory opinions likely will be developed next. 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: Gregory A. Mancini, a member of the North Kingstown Town Council, who in his private capacity is employed by BuildRI, a non-profit trade organization that promotes the union construction industry, requests an advisory opinion regarding whether the Code of Ethics permits him to participate in Town Council discussions and decision-making concerning the Town Council’s anticipated request of the General Assembly to pass legislation authorizing the Town Council to place one or more bond questions on a ballot relating to potential municipal construction projects in North Kingstown; participate in the drafting or approval of the draft of any bond question(s) that may result from that authorization; and publicly advocate in his private capacity for the passage of any or all bond questions related to those potential municipal construction projects. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Strauss, Staff Attorney Radiches explained that the citizens of North Kingstown must first vote on the bond questions on the ballot. Chair Quinn noted that many steps must take place before BuildRI would get involved. Commissioner Cenerini stated that the citizens’ vote serves as an intervening event and should not hamper the Petitioner’s ability to perform his official duties. In response to Chair Quinn, Staff Attorney Radiches explained that the Petitioner’s advocacy for the passage of any of the bond questions would occur in his capacity as a private cititzen. The Petitioner addressed the Commission and explained the process for the Town Council to discuss and vote on one or more of the bond questions. He stated that he would not advocate in his capacity as a Town Council member but as a private citizen to his friends and neighbors. In response to Chair Quinn, the Petitioner explained that public entities can hire union contractors for construction projects, but public officials are prohibited by state law from drafting bond questions with language that favors unions. He further explained that once a bond question has been drafted, his company advocates for the bond’s passage. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Gregory A. Mancini, a member of the North Kingstown Town Council, who in his private capacity is employed by BuildRI, a non-profit trade organization that promotes the union construction industry. The Petitioner addressed the Commission and explained that he requested an advisory opinion based on concerns over his reputation in the public eye, especially given his opponent’s comments with respect to a past complaint filed with but not accepted by the Commission staff. The next advisory opinion was that of: James Richard, a member of the Pascoag Fire District Board of Fire Commissioners, who in his private capacity owns and operates the Rhode Island Community Training Center, requests an advisory opinion regarding whether he may through the Training Center provide Advanced EMT – Cardiac training to a Fire District firefighter whose tuition for the training would be paid for by the Fire District following a discussion and vote of the Board of Fire Commissioners from which the Petitioner would recuse. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had agreed to the Commission proceeding in his absence. In response to Chair Quinn, Staff Attorney Popova Papa informed that this was the first time that a firefighter has requested training from the Petitioner’s business. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to James Richard, a member of the Pascoag Fire District Board of Fire Commissioners, who in his private capacity owns and operates the Rhode Island Community Training Center. The final advisory opinion was that of: The Honorable Michael W. Chippendale, a legislator serving in the Rhode Island House of Representatives, requests an advisory opinion regarding whether the Code of Ethics prohibits him from accepting a gift valued at greater than twenty-five dollars from a person who has no direct financial interest in the Petitioner’s official decision-making. Commissioner Peterson recused from the Commission’s consideration of the matter and left the hearing room. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had agreed to the Commission proceeding in his absence. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to The Honorable Michael W. Chippendale, a legislator serving in the Rhode Island House of Representatives. At the conclusion of the Commission’s vote, Commissioner Peterson returned to the hearing room. At 9:35 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on November 14, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Lesley Bunnell, Complaint No. 2023-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Michael Colasante, Complaint No. 2023-12 pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) 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 10:07 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 12, 2023. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on December 12, 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 (5-0) to approve the minutes of the Executive Session held on November 14, 2023. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Frank J. Cenerini and Matthew D. Strauss.] Unanimously voted (7-0) in the matter of In re: Lesley Bunnell, Complaint No. 2023-11, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Financial Disclosure mandate and to authorize an investigation. Voted (5-2) to approve a proposed Informal Resolution & Settlement in the matter of In re: Lesley Bunnell, Complaint No. 2023-11, by which the Ethics Commission imposed a civil penalty of $100 for a violation of the Financial Disclosure mandate. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Lauren E. Jones; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. NOES: Frank J. Cenerini and Hugo L. Ricci, Jr.] Copies of the Informal Resolution & Settlement will be available at the conclusion of the meeting. Unanimously voted (7-0) in the matter of In re: Michael Colasante, Complaint No. 2023-12, 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 (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. Commissioner Cenerini requested further information and discussion about the Schedule of Fines that was adopted by the Commission and is currently in effect. Executive Director Gramitt stated that he will notice the matter on the Commission’s next meeting agenda. Commissioner Peterson noted the issue raised by Gregory A. Mancini earlier in the meeting. Executive Director Gramitt reviewed the Commission’s procedure regarding the acceptance of submitted complaints. He noted that submissions that are not accepted for filing as complaints do not become public records. In response to Commissioner Cenerini, Executive Director Gramitt explained that if someone were inquire about a complaint against Mr. Mancini, the staff would advise that there has been no such complaint filed. Chair Quinn recommended that a staff member contact Mr. Mancini to clarify the complaint procedure. At 10:15 a.m., upon motion made by Commissioner Peterson and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary