Minutes 3-4-25
MINUTES OF THE OPEN SESSION
OF THE RHODE ISLAND ETHICS COMMISSION
March 4, 2025
The Rhode Island Ethics Commission held its 4th meeting of 2025 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 4, 2025, 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:
Lauren E. Jones, Chair Jill Harrison
Holly J. Susi, Vice Chair Emma L. Peterson
Matthew D. Strauss, Secretary Scott P. Rabideau
Dr. Michael Browner, Jr. Hugo L. Ricci, Jr.
The following Commissioner was not present: 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 and Gary V. Petrarca.
At 9:05 a.m., the Chair opened the meeting.
The first order of business was:
Approval of minutes of the Open Session held on February 11, 2025.
Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Susi, it was
VOTED: To approve the minutes of the Open Session held on February 11, 2025.
AYES: Lauren E. Jones; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.
ABSTENTIONS: Dr. Michael Browner, Jr. and Jill Harrison.
The next order of business was:
Director’s Report: Status report and updates.
Executive Director Gramitt informed that the agenda and meeting materials, including draft advisory opinions, are available on the Commission’s website. He stated that the Open Session portion of today’s meeting is being livestreamed, and the link is also available on the Commission’s website. He explained that the livestream will be closed while the Commission convenes in Executive Session. At the conclusion of Executive Session today, 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 four complaints pending. Executive Director Gramitt stated that a newly filed complaint will be on the next meeting’s agenda for an initial determination. He informed that discovery in the matter of In re: James Thorsen is ongoing and that service of the subpoenas was effectuated on the witnesses in Pennsylvania. Executive Director Gramitt further informed that depositions will be scheduled upon the return of a witness who is currently out of the country. Executive Director Gramitt stated that an informal resolution and settlement in the matter of In re: Michael Colasante will be presented during today’s Executive Session. He also informed that the matter of In re: Heidi Weston Rogers likely will be noticed for a probable cause hearing on the Commission’s April 8, 2025 meeting agenda.
b.) Advisory opinions pending
There are eleven 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 no APRA requests received since the last meeting.
d.) Financial disclosure
Executive Director Gramitt informed that the 2024 Financial Disclosure deadline is April 25, 2025, and the blue filing notices are scheduled to be mailed on March 17, 2025.
e.) General office administration
Executive Director Gramitt informed that the next meeting will be held on March 25, 2025. He stated that he is preparing information related to the gift limit regulation separate and apart from the issues raised in Common Cause’s petition to the Commission.
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:
Stephen H. Marsella, Esq., the former assistant solicitor for the Town of Narragansett, who is also an attorney in private practice, requests an advisory opinion regarding whether, and to what extent, he is prohibited by the Code of Ethics from representing clients before the Narragansett Planning Board, Zoning Board, Town Council, and Probate Court following the date of his official severance from the position of assistant solicitor.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Rabideau, Chair Jones stated that the Petitioner’s position as Assistant Solicitor triggers the one-year prohibition. In response to Commissioner Rabideau, Staff Attorney Radiches informed that the Petitioner had filed a 2023 financial statement and that he will file a 2024 statement in 2025. Executive Director Gramitt noted that the Petitioner will not be required to file a 2025 statement if he stopped serving in all his public positions by January 2025. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was unanimously
VOTED: To issue an advisory opinion to Stephen H. Marsella, Esq., the former assistant solicitor for the Town of Narragansett, who is also an attorney in private practice.
The next advisory opinion was that of:
Daniel W. Patterson, a member of the Exeter Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing oneself, whether individually or through an authorized representative, before one’s own board and/or before an agency over which one has appointing authority, for purposes of representing himself first before the town planner over whom the town council has appointing authority, and then before the town council, for the purpose of making applications relating to his intended sale of property that he owns.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present along with his attorney, John J. Kupa, Jr., Esq. Attorney Kupa addressed the Commission and represented that there are phases of the Petitioner’s proposed project that are ministerial in nature. He explained that legislation has streamlined the process to make permitting simpler and more ministerial. Attorney Kupa stated that the land swap phase requires a land surveyor to evaluate whether the Petitioner’s land meets the legal criteria and, if it does, the Town Planner must sign off on the report, which is a ministerial act. He stated that this also applies to the administrative subdivision process which is mostly carried out by a land surveyor who assesses whether all setbacks have been met and whether any variances or permits are required. Attorney Kupa informed that here, too, the Planner does not have the option of denying the subdivision application if the surveyor has determined that all the criteria have been satisfied.
Attorney Kupa explained that the next process would involve rezoning the land, and he represented that by the time this process gets underway, the Petitioner will no longer be a member of the Town Council. He informed that the Petitioner is seeking a hardship exception as to the first two phases which phases are routinely carried out and involve ministerial decisions. Attorney Kupa admitted that the remaining steps are more involved, but that the Petitioner will be stepping down from the Council likely after the budget is finalized this year.
In response to Chair Jones, Staff Attorney Radiches explained that she did not separate the administrative subdivision process from the Petitioner’s intended sale of the property because, as it was explained to her, those events are so closely aligned. In response to Commissioner Rabideau, Staff Attorney Radiches stated that if the Petitioner created and sold a new lot without the need for a zone change on the four acres he intends to subdivide, he would not need to go before the Town Council. In response to Commissioner Rabideau, Attorney Kupa stated that the land is currently zoned for residential use with a special use permit for the retail building on the land and that the special use permit runs with the land. The rezoning and further subdivision of the land will have to go before the Town Council or the Planning Board, which will require the Petitioner to end his political career before he can go forward. In response to Commissioner Peterson, discussion ensued regarding amending the Petitioner’s advisory opinion request to address whether he qualifies for a hardship exception for the first two phases. In response to Chair Jones, Attorney Kupa agreed that the Petitioner could submit a more limited request focusing on the first two steps. In response to Commissioner Ricci, Attorney Kupa agreed that the new submission would address the commercial aspect of the project. Upon motion made by Commissioner Susi and duly seconded by Commissioner Rabideau, it was unanimously
VOTED: To allow the Petitioner to withdraw his present request for an advisory opinion with the understanding that he will resubmit his request.
The next advisory opinion was that of:
Tim McNamara, a member of the Barrington School Committee, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from simultaneously serving as a volunteer assistant coach for the Barrington High School boys’ varsity lacrosse team.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Harrison and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To issue an advisory opinion to Tim McNamara, a member of the Barrington School Committee.
The final advisory opinion was that of:
Elizabeth Kinder, whose appointment to the East Providence Tree Commission, is currently pending, and who in her private capacity is the managing director of a tree farm and landscaping business in the Town of Bristol, requests an advisory opinion regarding whether she, upon accepting the appointment, would be prohibited by the Code of Ethics from bidding on projects to supply and plant trees for the City of East Providence.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. Staff Attorney Popova Papa noted a correction to page two of the draft which should read 130 years instead of 150 years. Upon motion made by Commissioner Susi and duly seconded by Dr. Michael J. Browner, Jr., it was unanimously
VOTED: To issue an advisory opinion to Elizabeth Kinder, whose appointment to the East Providence Tree Commission, is currently pending, and who in her private capacity is the managing director of a tree farm and landscaping business in the Town of Bristol.
The next order of business was:
Continued discussion of potential rulemaking: Amending the Code of Ethics’ Gift Rule at 520-RICR-00-00-1.4.2 to apply to gifts from all registered lobbyists.
Executive Director Gramitt informed that, at the request of the Commission, this item, which stems from Common Cause’s petition for rulemaking, will serve as a placeholder on future meeting agendas. He stated that Common Cause is preparing draft language to present to the Commission relative to amending the gift rule to expand upon those to whom the limit applies, namely, all registered lobbyists.
Executive Director Gramitt outlined the rulemaking process, which must comply with the Administrative Procedures Act. He stated that statute’s formal rulemaking requirements will apply once the Commission agrees upon a proposal. The staff will perform a regulatory analysis of the proposal and then file a formal public notice of rulemaking that will include solicitation of written comments from the public. The staff will provide notice of a public hearing that will be stenographically transcribed and at which members of the public can speak. Executive Director Gramitt stated that the stenographic record will be available on the Commission’s website. The Commission may decide to vote on the proposal or take no action. If the proposal passes by a two-thirds vote (six of the nine members), Executive Director Gramitt will file the regulation with the Secretary of State’s Office with an effective date.
Commissioner Peterson requested copies of other states’ gift rules as guidance. Executive Director Gramitt responded that such copies will be provided but cautioned that other states’ rules may not be suitable for comparison. In response to Commissioner Peterson, Executive Director Gramitt stated that the Commission must respond to public comments and to explain its decision. In response to Commissioner Ricci, Executive Director Gramitt informed that notice will be provided on the Secretary of State’s website, the Commission’s website, and by sending communications to those who expressed an interest in the subject. He further stated that any written public comments received, including via designated email address for public comments, will be distributed to the Commission. In further response to Commissioner Ricci, Executive Director Gramitt informed that the hearing room has provided sufficient space in past rulemaking hearings, and the Commission may establish reasonable time limits for public comments.
At 10:20 a.m., upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was
VOTED: To go into Executive Session, to wit:
a.) Motion to approve minutes of Executive Session held on February 11, 2025, 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.) Motion to return to Open Session.
AYES: Lauren E. Jones; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.
ABSTENTIONS: Dr. Michael Browner, Jr. and Jill Harrison.
At 10:37 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 March 4, 2025 Executive Session.
Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was unanimously
VOTED: To seal the minutes of the March 4, 2025 Executive Session.
The next order of business was:
Report on actions taken in Executive Session.
Chair Jones reported that the Commission took the following actions in Executive Session:
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Voted (6-0) to approve the minutes of the Executive Session held on February 11, 2025.
[Reporter’s Note: The vote was as follows:
AYES: Lauren E. Jones; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.
ABSTENTIONS: Dr. Michael Browner, Jr. and Jill Harrison.]
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Unanimously voted (8-0) to approve a proposed Informal Resolution and Settlement in the matter of In re: Michael Colasante, Complaint No. 2023-10. The Informal Resolution and Settlement is a public document, and copies may be obtained from the Ethics Commission upon request.
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Unanimously voted (8-0) 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 10:40 a.m., upon motion made by Dr. Michael Browner, Jr. and duly seconded by Commissioner Harrison, it was unanimously
VOTED: To adjourn the meeting.
Respectfully submitted,
___________________________
Matthew D. Strauss
Secretary