Minutes 12-13-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION December 13, 2022 The Rhode Island Ethics Commission held its 13th meeting of 2022 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 13, 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 Emma L. Peterson Arianne Corrente, Vice Chair* Matthew D. Strauss Kyle P. Palumbo, Secretary Holly J. Susi Lauren E. Jones 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 9:09 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on November 15, 2022. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was VOTED: To approve the minutes of the Open Session held on November 15, 2022. AYES: Marisa A. Quinn; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Emma L. Peterson. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are two complaints pending, including one noticed for a settlement on today’s agenda and one for which notice of a public adjudication to be held on January 24, 2023, has been sent to the Respondent. b.) Advisory opinions pending There are nine 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 five APRA requests received since the last meeting, four of which were granted within one business day. Executive Director Gramitt informed that four requests related to financial disclosure and one related to a complaint matter. He explained that one of the financial disclosure requests sought more than 100 financial disclosure statements and required more than one business day but was still granted within the 10-day required time period. d.) 2021 Financial Disclosure Executive Director Gramitt and Financial Disclosure Officer Michelle Berg met with the Commission’s vendor regarding turnover of the financial disclosure database in preparation for the filing of the 2022 Financial Statement. The 2022 Statement may be filed online beginning January 1, 2023, but it is not due until the last Friday of April 2023. e.) Ethics Administration/Office and Education Updates In response to Chair Quinn, Executive Director Gramitt informed that the office is now fully staffed. *Commissioner Corrente arrived at 9:13 a.m. Executive Director Gramitt and the Commissioners welcomed her back. 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: William L. Patenaude, an Environmental Engineer III with the Rhode Island Department of Environmental Management, Office of Water Resources Division, requests an advisory opinion regarding whether the Code of Ethics prohibits him from seeking and, if offered, accepting secondary employment as a contract trainer/facilitator for a local private company that offers leadership development, team building, and company culture improvement services to organizations and individuals. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches informed that corrections to pages two and four of the draft have been made to replace the references to the New England Water Environment Association (“NEWEA”) with the New England Interstate Water Pollution Control Commission (“NEIWPCC”) where necessary. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to William L. Patenaude, an Environmental Engineer III with the Rhode Island Department of Environmental Management, Office of Water Resources Division. The next advisory opinion was that of: Rebecca Elsing, MA CAGS QMHP, a Supplemental Block Grant Planner for the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, requests an advisory opinion regarding whether the Code of Ethics prohibits her from working part-time to provide counseling services to members of local municipal police departments. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Susi, the Petitioner represented that she provides counseling on substance abuse and incidents of trauma. In response to Commissioner Palumbo, the Petitioner stated that she is not aware of any municipal police departments that were eligible candidates for the grant programs in which she is involved. Staff Attorney Radiches noted that the grants with which the Petitioner is involved are administered to qualified behavioral health agencies. Commissioner Palumbo cautioned the Petitioner to be aware and recuse if members of agencies seeking grants also come to her for counseling services. Upon motion made by Commissioner Susi and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Rebecca Elsing, MA CAGS QMHP, a Supplemental Block Grant Planner for the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. The next advisory opinion was that of: James Restivo, a member of the South Kingstown School Committee, whose spouse is employed by the South Kingstown School District as a teaching assistant, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon his ability to participate in School Committee discussions and voting relative to the School District budget and to the contract negotiations with the labor union representing the teaching assistants. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Popova Papa noted a typo on page three of the draft which reads “that his spouse is a teacher in the School Department,” but should state “that his spouse is a teaching assistant in the School District,” and will be changed accordingly. In response to Commissioner Jones, Staff Attorney Popova Papa explained that if a general School Committee discussion turns to a specific line item impacting his spouse, the Petitioner should recuse from participation and voting and step out of the meeting. In response to Chair Quinn, Staff Attorney Popova Papa explained that the staff generally recommends that petitioners in like circumstances inform their governing bodies when recusing, but recusals are also reflected in a public body’s meeting minutes or transcription. In response to Chair Quinn, the Petitioner represented that someone advised him to request an advisory opinion, but he had planned to come forward on his own. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to James Restivo, a member of the South Kingstown School Committee, whose spouse is employed by the South Kingstown School District as a teaching assistant. The next advisory opinion was that of: Bradford A. Mayer, a member of the Coventry School Committee, whose spouse is employed by the Coventry School Department as a school nurse-teacher, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon his ability to participate in School Committee discussions and voting relative to the School Department’s budget and to the contract negotiations with the local teachers’ labor union, of which his spouse is a member. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Palumbo, Staff Attorney Popova Papa informed that page two of the draft explains that the Petitioner is prohibited from participating in the School Committee’s discussions and decision-making relating to any line items relative to whether to increase or decrease the number of nurse-teacher positions employed by the School Department. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Bradford A. Mayer, a member of the Coventry School Committee, whose spouse is employed by the Coventry School Department as a school nurse-teacher. The next advisory opinion was that of: Mark Aramli, a member of the Newport City Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before the Newport Zoning Board of Review, a municipal agency over which the City Council has appointing authority, in order to pursue an appeal that was filed several months before he became a candidate for public office. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner could not be present. Chair Quinn stated that references to the “Town Council” on pages one and three of the draft should be changed to “City Council.” In response to Commissioner Jones, Staff Attorney Radiches explained that the Petitioner must recuse from appointment or reappointment of any persons to the Zoning Board of Review until after the election cycle for his seat following the complete resolution of his appeal before the Zoning Board of Review, even if the appeal goes before the Superior Court. Some discussion ensued regarding whether the Petitioner should be permitted to participate in appointments or reappointments on the basis that his appeal could take years. Executive Director Gramitt explained that the prohibitive language in the draft regarding participating in appointments or reappointments originated with a prior Commission and not the staff. He explained that the prior Commission expressed concern over a matter on appeal before the Superior Court being remanded to the originating municipal body. In response to Commissioner Peterson, Staff Attorney Radiches explained that the hardship exception applies to the Petitioner’s intended primary residence. She further explained that if the Petitioner later changes his purpose or use for the residence, then the advisory opinion will most likely no longer be valid. Legal Counsel DeSimone stated that advisory opinions are based on and only valid as to a petitioner’s representations in a given situation. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Mark Aramli, a member of the Newport City Council. The final advisory opinion was that of: Jonathan Pascua, a firefighter with the Coventry Fire District, also known as the Anthony Fire District, who was recently elected to serve as a member of the Coventry Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits from simultaneously serving in both positions. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Commissioner Jones noted that the term “simulations” on page three of the draft should be changed to “simultaneous.” In response to Commissioner Palumbo, Staff Attorney Popova Papa stated that she confirmed that the Town Council does not appropriate funds to the Fire District. In response to Chair Quinn, Staff Attorney Popova Papa explained that both the Town Council and the Fire District are public entities and that the draft opinion addresses recusal from matters that financially impact the Petitioner, his family member, business associate, or business by which he is employed, and not public entities given that the Commission does not consider public entities to be businesses. Commissioner Jones commented that the Central Coventry Fire District is currently seeking funds from the Town Council in order to remain solvent. He queried whether the Petitioner would be required to recuse if his own Fire District were to come before the Town Council. Executive Director Gramitt referred to the guidance set forth in the last paragraph on page three of the draft. In response to Commissioner Jones, Staff Attorney Popova Papa stated that if the Fire District becomes insolvent, this could financially impact the Petitioner’s own employment and, therefore, he would have to recuse from any discussions or decision-making on that basis. Executive Director Gramitt stated that the draft opinion allows the Petitioner to hold both positions, but he would need to return for further guidance on whether he is required to recuse from a given matter in the future. Commissioner Corrente requested that the Petitioner be mindful that the advisory opinion is limited to application of the Code of Ethics and does not address any Town Charter issues that might arise. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Jonathan Pascua, a firefighter with the Coventry Fire District, also known as the Anthony Fire District, who was recently elected to serve as a member of the Coventry Town Council. At 9:55 a.m., upon motion by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of the Executive Session held on November 15, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Timothy Milisauskas, Complaint No. 2022-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Motion to return to Open Session. At 10:41 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on December 13, 2022. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on December 13, 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: 1. Voted (5-0) to approve the minutes of the Executive Session held on November 15, 2022. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Lauren E. Jones; Kyle P. Palumbo; Matthew D. Strauss; and Holly J. Susi. ABSTENTIONS: Arianne Corrente and Emma L. Peterson.] 2. Voted (6-1) in the matter of In re: Timothy Milisauskas, Complaint No. 2022-5, to approve a proposed Informal Resolution and Settlement conditioned upon receipt of full payment of the civil penalty imposed by December 20, 2022. AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. NOES: Kyle P. Palumbo.] 3. 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 10:43 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Kyle P. Palumbo Secretary