Minutes 4-26-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 26, 2022 The Rhode Island Ethics Commission held its 5th 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, April 26, 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 Matthew D. Strauss Arianne Corrente, Vice Chair Holly J. Susi Kyle P. Palumbo, Secretary The following Commissioners were not present: J. Douglas Bennett and Lauren E. Jones. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Peter J. Mancini and Gary V. Petrarca. At 9:01 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on March 22, 2022. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To approve the minutes of the Open Session held on March 22, 2022. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt advised that the Commission’s office is open to the public and Commission meetings are now being held in person. He stated that mask-wearing is optional in all state buildings and offices. He informed that the Commission held 23 remote meetings since the onset of the Covid-19 pandemic and conducted a remote adjudication during that time. b.) Complaints and investigations pending There are two active complaints, one of which is under investigation and the other is a new complaint which will be initially determined today during Executive Session. c.) Advisory opinions pending There are three advisory opinions pending which have been noticed for today’s meeting. Executive Director Gramitt informed that one of the advisory opinions has been continued at the request of the Petitioner’s legal counsel. d.) Access to Public Records Act requests since last meeting There were 14 APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that five requests related to advisory opinions, specifically the petitioners’ request letters, and the remaining APRA requests related to financial disclosure. Executive Director Gramitt informed that the financial disclosure filing deadline is Friday, April 29, 2022. He stated that the compliance rate is currently at 71%, which is normal for this time of the year, and the staff has processed approximately 3,000 statements. He further stated that there are about 1,200 statements outstanding and expects more to be filed this week. Executive Director Gramitt informed that 90% of the filers filed online. e.) Ethics Administration/Office and Education Updates Executive Director Gramitt informed that, following Chair Quinn’s inquiry at the last meeting regarding ethics training for candidates, Education Coordinator Radiches reached out to the Board of Elections’ Executive Director about possible training options. The Board of Elections has agreed to include in its mailings to candidates an insert regarding ethics training. Executive Director Gramitt explained that two options will be available to candidates, either online or live sessions, one before the primary and one after the primary but before the general election. Executive Director Gramitt informed that former Chief of Investigations Steven Cross retired last year, and the Commission recently posted vacancies for all three investigative positions. He stated that 80 applications were received and approximately twelve people were interviewed. Executive Director Gramitt announced that Peter Mancini, with 21 years of experience as a Commission investigator, has been selected as Chief of Investigations, and Gary Petrarca, with 13 years of experience as a Commission investigator, has been selected as Senior Confidential Investigator. Executive Director Gramitt also announced that Kevin Santurri has been selected as the new Deputy Chief Investigator. He is a veteran commander at the Pawtucket Police Department, Detective Division, and currently a compliance officer at the R.I. Department of Revenue, Lottery Division. Executive Director Gramitt stated that Commission Administrative Aide Tara Olsen has been selected to fill the Administrative Assistant vacancy, and the staff is currently interviewing candidates for a replacement Administrative Aide. Executive Director Gramitt informed that the building’s new owners will be commencing significant renovations on this floor, including restrooms. In response to Chair Quinn, Executive Director Gramitt stated that the staff will work around the renovations. Executive Director Gramitt apprised the Commission of House Bill No. 7818 that was sponsored by Representative Cardillo and proposes an amendment to the Financial Disclosure mandate to require disclosure of credit card debt that results in a default judgment. Executive Director Gramitt explained that he monitors legislation that involves the Commission or the Code of Ethics, and he will continue to monitor any developments with this current bill. 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: Jessica McCarthy, a member of the Jamestown Harbor Commission, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in Harbor Commission discussions and decision-making concerning the number of moorings to be included at each of the eighteen mooring fields located within the Town of Jamestown, given that the Petitioner is currently on a waitlist to receive a mooring at one of those fields. Staff Attorney Popova Papa presented the Commission Staff recommendation as drafted by Staff Attorney Radiches. The Petitioner was not present but had consented to have this matter proceed in her absence. In response to Commissioner Palumbo, Staff Attorney Popova Papa stated that, when drafting opinions, the staff considers whether any financial impact will inure to a petitioner, if known, and if the class exception analysis cannot be applied based on the limited facts, the recommendation to a petitioner is to recuse from the subject matter. Executive Director Gramitt noted that the staff strives to be consistent with all applicable Code of Ethics’ provisions at issue. He gave the example of Commission Regulation 520-RICR-00-00-1.3 with respect to negotiating collective bargaining agreements and analogized its restrictions to these facts. In further response to Commissioner Palumbo, Executive Director Gramitt stated that a conversation among the Harbor Commission members could begin innocuously but veer into a subject in which the Petitioner should not be participating, which could then lead to a violation. In response to Commissioner Palumbo, Executive Director Gramitt explained that if the Petitioner disregarded the guidance in the advisory opinion and someone filed a complaint against her, the staff would investigate the matter to ascertain whether a violation had occurred. In response to Chair Quinn, Staff Attorney Popova Papa stated that the Petitioner was advised by Staff Attorney Radiches of the opinion and its direction and had consented to proceeding in her absence. In further response to Chair Quinn, Staff Attorney Popova Papa informed that the class exception could be analyzed under these facts once the Harbor Commission has established the mooring field criteria. Upon motion made by Commissioner Strauss and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Jessica McCarthy, a member of the Jamestown Harbor Commission. The final advisory opinion was that of: Bradford G. Marthens, a member of the New Shoreham Sewer Commission, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before his own agency, in order to appeal sewer assessments against his properties. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner could not be present. Staff Attorney Popova Papa informed of a correction to the last paragraph on the last page of the draft opinion which should read “Sewer Commission” instead of “Water Commission.” In response to Commissioner Palumbo, Staff Attorney Popova Papa stated that there are two separate assessments at issue. In further response to Commissioner Palumbo, Staff Attorney Popova Papa explained that the Petitioner is not engaging in a new commercial venture but, rather, the hydroseeding is a continuation of the landscaping business he operated before his election to the Sewer Commission. Legal Counsel DeSimone noted that the Petitioner is not seeking relief but is appealing charges already assessed. Upon motion made by Commissioner Susi and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to Bradford G. Marthens, a member of the New Shoreham Sewer Commission. At 9:37 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 Executive Session held on March 22, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Richard Nassaney, Complaint No. 2022-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Motion to return to Open Session. At 9:45 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on April 26, 2022. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on April 26, 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: Unanimously voted (5-0) to approve the minutes of the Executive Session held on March 22, 2022. Unanimously voted (5-0) in the matter of In re: Richard Nassaney, Complaint No. 2022-2, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the financial disclosure mandate and authorized 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. Unanimously voted (5-0) 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 9:47 a.m., upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Kyle P. Palumbo Secretary