Minutes 2-27-24 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION February 27, 2024 The Rhode Island Ethics Commission held its 3rd 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, February 27, 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: Marisa A. Quinn, Chair Emma L. Peterson Lauren E. Jones, Vice Chair* Hugo L. Ricci, Jr. Frank J. Cenerini Matthew D. Strauss The following Commissioner was not present: Holly J. Susi. 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 9:08 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on January 23, 2024. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Cenerini, it was VOTED: To approve the minutes of the Open Session held on January 23, 2024. AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Hugo L. Ricci, Jr.; and Matthew D. Strauss. ABSTENTION: Emma L. Peterson. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed 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. He stated that the link for the meeting along with meeting materials are available on the Commission’s website. 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 active complaints pending, and a sixth complaint that is awaiting Commission approval of a written Decision and Order. b.) Advisory opinions pending There are ten advisory opinions pending, five of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were 22 APRA requests received since the last meeting, all of which were granted within one business day. Seventeen requests related to complaint matters, two related to advisory opinions, and three related to financial disclosure. d.) Legislative Update Executive Director Gramitt explained that he is registered as the Ethics Commission’s lobbyist to keep informed of any new or proposed legislation as it relates to the Commission’s operations and to testify at legislative hearings when authorized by the Commission. He stated that a copy of Senate Bill 2463 is included in the Commissioners’ binders. Executive Director Gramitt explained that the bill would amend section 36-14-8 of the Code of Ethics such that a vacancy on the Commission for more than 30 days would not be considered for quorum purposes, and a majority of Commissioners required for voting would be based on the number of active Commissioners. Executive Director Gramitt further explained that the bill also proposes that appointments to the Commission would require the advice and consent of the Senate and eliminate the requirement that legislative leaders submit a list of names from which the governor appoints Commission members. *Commissioner Jones arrived at 9:15 a.m. Discussion ensued regarding what position, if any, the Commission should take on the bill. Commissioner Peterson commented that the bill should provide a minimum number of members required for quorum purposes. Chair Quinn expressed some concern that the proposed vacancy amendment might underestimate the necessity or urgency of filling vacancies. Executive Director Gramitt noted the jurisdictional issues that arise in complaint matters when quorums cannot be achieved at a given meeting. In response to Commissioner Cenerini, Legal Counsel DeSimone explained that a Commission member is not required to have participated in a probable cause hearing in order to participate at an adjudicative hearing, but the member is required to be present for the entirety of an adjudicative hearing in order to participate in voting. In response to Chair Quinn, Executive Director Gramitt advised that the bill has not been scheduled for hearing yet, but he can monitor any developments and keep the Commission informed. Commissioner Jones commented that there are constitutional issues surrounding the manner of making appointments to state boards and commissions that should be carefully considered. Executive Director Gramitt concluded the discussion by noting that a separate bill proposes to amend the state’s procurement laws but without any significant impact to the Commission. e.) General office administration None. 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: James Rhodes, Esq., a former committee attorney in the Rhode Island Senate Legal Counsel Office, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from representing or lobbying on behalf of his new private employer before the Rhode Island House of Representatives, prior to the expiration of one year after leaving his employment with the Senate. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and inquired about the difference between engaging in ministerial discussions relating to a particular legislation and lobbying for the legislation. Chair Quinn noted that if an inquiry made of the Petitioner by a legislator requires him to interpret a bill’s impact or intent, such a discussion could be construed as lobbying. Commissioner Jones advised the Petitioner to avoid all discussions with members and staff of the General Assembly regarding any given legislation. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to James Rhodes, Esq., a former committee attorney in the Rhode Island Senate Legal Counsel Office. The next advisory opinion was that of: Joshua D. Ferreira, a captain in the Tiverton Fire Department, who has been recommended by the Tiverton Fire Chief to become the Tiverton Deputy Fire Chief, requests an advisory opinion regarding whether the proposed alternate supervisory chain of command would sufficiently insulate the Petitioner from conflicts of interest arising out of his anticipated position, given that the Petitioner’s mother is employed by the Tiverton Fire Department as the Fire Chief’s administrative assistant. Staff Attorney Radiches presented the Commission Staff recommendation and informed that the Petitioner has been appointed as Deputy Chief since submitting his advisory opinion request. The Petitioner was present. In response to Commissioner Jones, Staff Attorney Radiches explained that while the Commission does not propose or draft alternate chains of command, it may review one that has been submitted and suggest certain modifications to ensure compliance with the Code. In response to Chair Quinn, the Petitioner explained his role as Deputy Chief and his mother’s position as administrative assistant. He stated that while she signs off on payroll, she does not have any discretion in her duties and her work must be reviewed by the Fire Chief or the Town Administrator in the Chief’s absence. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to Joshua D. Ferreira, a captain in the Tiverton Fire Department, who has been recommended by the Tiverton Fire Chief to become the Tiverton Deputy Fire Chief. The next advisory opinion was that of: Christian J. Lachappelle-Miller, the Chief Implementation Aid to the Director of the Rhode Island Department of Children, Youth & Families, who was recently appointed to serve as a member of the Providence Juvenile Hearing Board, requests an advisory opinion regarding whether the Code of Ethics prohibits him from simultaneously serving in both positions. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. Commissioner Jones noted for the record that he represents DCYF in two matters before the Supreme Court in his capacity as a private attorney but, upon reviewing the Petitioner’s job description, he is reassured that he and the Petitioner do not have nor will they have any interactions in their different roles. Therefore, Commissioner Jones represented that he does not have a conflict requiring his recusal in this matter. Upon motion made by Commissioner Jones and duly seconded by Commissioner Strauss, it was unanimously VOTED: To issue an advisory opinion to Christian J. Lachappelle-Miller, the Chief Implementation Aid to the Director of the Rhode Island Department of Children, Youth & Families, who was recently appointed to serve as a member of the Providence Juvenile Hearing Board. The next advisory opinion was that of: Melanie Reeves, the finance director at the Block Island School, requests an advisory opinion regarding what limitations, if any, the Code of Ethics places upon her in carrying out her duties as described herein, given that her spouse is expected to submit a bid in response to a request for proposal relating to a project at the school. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Melanie Reeves, the finance director at the Block Island School. The final 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 Historic District Commission and the Newport Zoning Board of Review, both municipal agencies over which the City Council has appointing authority, in order to request approval of repairs and renovations he has planned for a home that he recently purchased in Newport. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. In response to Commissioner Ricci, Staff Attorney Radiches explained that the appeal referenced in footnote one of the draft opinion was filed in 2021 but no decision issued until 2024, at which time the Zoning Board remanded the matter to the HDC. She stated that the Petitioner expects that the whole process will likely begin anew and constructing a new home may take up to seven years. In further response to Commissioner Ricci, Staff Attorney Radiches stated that this advisory opinion relates to the Petitioner’s request to appear before the HDC and the Zoning Board to request approval to perform work on his interim home. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was VOTED: To issue an advisory opinion to Mark Aramli, a member of the Newport City Council. AYES: Marisa A. Quinn; Lauren E. Jones; Frank J. Cenerini; Emma L. Peterson; and Matthew D. Strauss. NOES: Hugo L. Ricci, Jr. At 10:03 a.m., upon motion made by Commissioner Ricci and duly seconded by Commissioner Strauss, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on January 23, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Michael Colasante, Complaint No. 2023-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Richard Nassaney, Complaint No. 2023-9, 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 10:31 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 February 27, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Ricci, it was unanimously VOTED: To seal the minutes of the Executive Session held on February 27, 2024. 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 January 23, 2024. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Hugo L. Ricci, Jr.; and Matthew D. Strauss. ABSTENTION: Emma L. Peterson.] Unanimously voted (6-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: Michael Colasante, Complaint No. 2023-10, for 60 days to May 11, 2024. Unanimously voted (6-0) in the matter of In re: Richard Nassaney, Complaint No. 2023-9, to find that there does not exist probable cause to believe that the Respondent committed a knowing and willful violation of the Code of Ethics. The Complaint was dismissed with prejudice. Copies of the Investigative Report will be available at the conclusion of the meeting. The Commission will prepare and issue a written Decision & Order explaining the basis of its vote. Unanimously voted (6-0) 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 10:35 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Jason Gramitt Executive Director