Minutes March 12, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 12, 2024 The Rhode Island Ethics Commission held its 4th 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, March 12, 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. 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; 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 February 27, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Cenerini, it was VOTED: To approve the minutes of the Open Session held on February 27, 2024. AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss. ABSTENTION: Holly J. Susi. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are seven complaints pending, and an eighth complaint is awaiting Commission approval of a written Decision and Order. Two complaints are noticed for Initial Determination in today’s Executive Session. b.) Advisory opinions pending There are eight advisory opinions pending, four 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, all of which were granted within one business day. All three requests related to complaint matters. d.) Legislative Update: 2024 – Senate 2463 Executive Director Gramitt reminded the Commission of Senate Bill 2463 that was discussed at the last meeting. He noted that no companion bill has been introduced in the House of Representatives. Executive Director Gramitt informed that he spoke with one of the bill’s co-sponsors and expressed the Commission’s concern that the bill should provide for a minimum number of Commission members required for quorum purposes. Executive Director Gramitt represented that the co-sponsor agreed with and would consider the Commission’s concern. In response to Commissioner Jones’ inquiry regarding section (h) of the bill, Executive Director Gramitt stated that a “duly authorized” Commission member includes one whose term has expired but who continues to serve until his or her replacement is appointed. e.) Financial disclosure The staff will be mailing 2023 financial disclosure statements on Friday, March 15, 2024, to more than 4,000 required filers. In response to Chair Quinn, Executive Director Gramitt explained that the staff meets to discuss common and frequent financial disclosure issues that arise each year. He stated that he will inform the Commission if a significant issue is identified. f.) 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: Nicholas Anderson, the Fire Chief of the Cumberland Fire Department, requests an advisory opinion regarding whether the proposed alternate supervisory chain of command is sufficient to insulate him from conflicts of interest arising out of his brother’s anticipated promotion to the rank of deputy chief of the same fire department. Commissioner Susi stated that she will recuse from participation in this matter to avoid any appearance of impropriety, given her husband’s position as a retired member of the Cumberland Fire Department. Commissioner Susi sat among the public attendees during consideration of this matter. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Quinn, the Petitioner stated that he does not have any involvement in scheduling or approving overtime. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Jones, it was VOTED: To issue an advisory opinion to Nicholas Anderson, the Fire Chief of the Cumberland Fire Department. AYES: Marisa A. Quinn; Lauren E. Jones; Frank J. Cenerini; Emma L. Peterson; Hugo L. Ricci; and Matthew D. Strauss. RECUSAL: Holly J. Susi. The next advisory opinion was that of: Stanley Robert Traverse Jr., the Senior Advisor/Director of Civic Programming and Special Projects for the Rhode Island Secretary of State, requests an advisory opinion regarding whether he could accept a paid position as a second assistant coach to the women’s softball team at Rhode Island College pursuant to R.I. Gen. Laws § 36-14-5(o)(5). Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Stanley Robert Traverse Jr., the Senior Advisor/Director of Civic Programming and Special Projects for the Rhode Island Secretary of State. The next advisory opinion was that of: The Honorable Teresa Tanzi, a member of the Rhode Island House of Representatives, requests an advisory opinion regarding whether the Code of Ethics prohibits her from submitting, discussing, and voting on legislation that would establish a regional parity floor whereby all Rhode Island hospitals, physicians, and advanced practice providers would be paid materially equivalent rates to those paid to their counterparts in Massachusetts and Connecticut, given that her spouse is a practicing physician in Rhode Island who would be directly financially impacted by the passage of that legislation. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner informed that, since the draft was written, she recently learned from her spouse that he is paid for his work at the hospital by billing but also receives a small stipend from the hospital. She requested that page two of the draft be amended to reflect this new information. In response to Commissioner Jones and Commissioner Strauss, Staff Attorney Radiches explained that there is no specific number that determines whether the class exception would apply. She further explained that while the size of a class may be sufficient, the impact of certain official actions on its members may not justify application of the class exception in a given matter. Executive Director Gramitt stated that a group of 10 persons could constitute a class, but the class exception analysis must also consider the impact of a given decision on those 10 persons. In response to Commissioner Strauss, the Petitioner informed that the current disparity between Rhode Island and Massachusetts physicians is significant. She explained that while patients in both states pay the same premiums to the health insurance companies, the providers are paid 30 percent less in Rhode Island than their counterparts in Massachusetts and Connecticut. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to The Honorable Teresa Tanzi, a member of the Rhode Island House of Representatives. The last advisory opinion was that of: Jessica Purcell, a member of the Chariho Regional School Committee, who in her private capacity is a member of the board of directors of Friends of Chariho for the Future, a non-profit organization, requests an advisory opinion regarding the proper management of any conflicts of interest that might arise as a result of her simultaneous service in both positions. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner expressed her interest in being transparent and obtaining clarity as she navigates her dual roles. In response to Chair Quinn, the Petitioner stated that the advisory opinion draft does provide her with the needed clarity. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Jessica Purcell, a member of the Chariho Regional School Committee, who in her private capacity is a member of the board of directors of Friends of Chariho for the Future, a non-profit organization. At 9:46 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on February 27, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Timothy J. McCormick, Complaint No. 2024-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Erika A. McCormick, Complaint No. 2024-2, 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 10:09 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 March 12, 2024. 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 March 12, 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 (6-0) to approve the minutes of the Executive Session held on February 27, 2024. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss. ABSTENTION: Holly J. Susi.] 2. Voted (2-5) in the matter of In re: Timothy J. McCormick, Complaint No. 2024-1, 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 a full investigation. [Reporter’s Note: The vote was as follows: AYES: Hugo L. Ricci, Jr. and Holly J. Susi. NOES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; and Matthew D. Strauss.] The motion failed. Voted (6-1) in the matter of In re: Timothy J. McCormick, Complaint No. 2024-1, to initially determine that the Complaint does not state facts that are sufficient to constitute a violation of the Financial Disclosure mandate and to dismiss the Complaint with prejudice. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss. NOES: Holly J. Susi.] 3. Voted (6-1) in the matter of In re: Erika A. McCormick, Complaint No. 2024-2, to initially determine that the Complaint does not state facts that are sufficient to constitute a violation of the Financial Disclosure mandate and to dismiss the Complaint with prejudice. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss. NOES: Holly J. Susi.] 4. 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. Commissioner Jones commented about a favorable article in the Rhode Island Current which featured Executive Director Gramitt and the Ethics Commission’s efforts to promote transparency. At 10:11 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary