Minutes March 26, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 26, 2024 The Rhode Island Ethics Commission held its 5th 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 26, 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 Attorney Teodora Popova Papa; and Commission Investigators Gary V. Petrarca and Kevin Santurri. At 9:12 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on March 12, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To approve the minutes of the Open Session held on March 12, 2024. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are five complaints pending. An additional complaint is awaiting Commission approval of a written Decision and Order. b.) Advisory opinions pending There are three advisory opinions pending, with none on today’s agenda. c.) Access to Public Records Act requests since last meeting There were four APRA requests received since the last meeting, all of which were granted within one business day. The requests related to meeting materials (1), recusals (2), and advisory opinions (1). d.) Legislative Update: 2024 – Senate 2463 Executive Director Gramitt advised that Senate Bill 2463, which would subject Ethics Commission appointments to Senate advice and consent, was heard before the Senate Judiciary Committee. He informed that he spoke with one of the bill’s co-sponsors, who indicated that the legislation was the result of a desire for better vetting of public officials. Executive Director Gramitt noted that Common Cause Rhode Island’s Executive Director, John Marion, was the only individual to testify and had opined that separation of powers did not require Senate advice and consent for Commission appointments due to the agency’s constitutional status. He stated that the bill was held for further study and he will monitor any further action, which he does not anticipate. e.) Financial disclosure The 2023 Financial Statements were mailed on March 15, 2024. As of March 25th, approximately 1,400 statements have been filed, which is consistent with the number of statements filed at this time last year. f.) General office administration None. At 9:20 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Ricci, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on March 12, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: David Patten, Complaint No. 2023-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: James E. Thorsen, Complaint No. 2023-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Michelle M. Vacca, Complaint No. 2024-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) 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 11:45 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 March 26, 2024. 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 March 26, 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: Unanimously voted (7-0) to approve the minutes of the Executive Session held on March 12, 2024. 2. In the matter of In re: David Patten, Complaint No. 2023-6, the Commission took the following actions: A motion was made by Commissioner Ricci to amend a proposed Informal Resolution & Settlement to increase the civil penalty to $10,000. There was no second to the motion, and the motion failed. The Commission voted (6-1) to approve a proposed Informal Resolution & Settlement by which the Commission imposed a civil penalty of $5,000. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Matthew D. Strauss: and Holly J. Susi. NOES: Hugo L. Ricci, Jr.] Copies of the Informal Resolution & Settlement and the Investigative Report will be available at the conclusion of the meeting. 3. In the matter of In re: James E. Thorsen, Complaint No. 2023-7, the Commission took the following actions: Unanimously voted (7-0) that probable cause exists to believe that the Respondent, James E. Thorsen, while Director of the R.I. Department of Administration, violated Commission Regulation 520-RICR-00-00-1.4.2 of the Code of Ethics by receiving a gift having a fair market value in excess of $25 from Scout Ltd, a business that had a direct financial interest in decisions that the Respondent was either authorized to make, or to participate in the making of, as part of his official duties; Unanimously voted (7-0) that probable cause exists to believe that the Respondent, James E. Thorsen, while Director of the R.I. Department of Administration, violated R.I. Gen. Laws § 36-14-5(d) of the Code of Ethics by using his public office to obtain financial gain for himself in the form of a free private lunch at a restaurant; Unanimously voted (7-0) that probable cause exists to believe that the Respondent, James E. Thorsen, while Director of the R.I. Department of Administration and a procurement official for the Department of Administration, violated R.I. Gen. Laws § 36-14.1-2(b) by accepting free goods or services in the form of a private lunch, valued at over $100, for his personal use, from Scout Ltd., a state vendor who had sold services to the R.I. Department of Administration and its Division of Capital Asset Management and Maintenance (DCAMM) during the preceding 24 months, and who the Respondent had reason to know would be making a proposal for the sale of services to DCAMM and the Department of Administration, through the execution of a Master Agreement, within the succeeding 24 months; and Unanimously voted (7-0) that there does not exist probable cause to believe that the Respondent, while Director of the R.I. Department of Administration, violated R.I. Gen. Laws § 36-14-5(g) of the Code of Ethics in that there is not sufficient evidence to cause a reasonable person to believe that the Respondent solicited or accepted favors and gifts from Scout Ltd. with the understanding that such favors and gifts would influence his official judgment as to whether Scout Ltd. should receive state funding for the Cranston Street Armory redevelopment project. Copies of the Investigative Report will be available at the conclusion of the meeting. 4. Unanimously voted (7-0) in the matter of In re: Michelle M. Vacca, Complaint No. 2024-3, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation 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. 5. 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 11:50 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary