Minutes 4-29-25
MINUTES OF THE OPEN SESSION
OF THE RHODE ISLAND ETHICS COMMISSION
April 29, 2025
The Rhode Island Ethics Commission held its 7th 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, April 29, 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 Christopher P. Callahan
Holly J. Susi, Vice Chair Frank J. Cenerini
Matthew D. Strauss, Secretary Scott P. Rabideau
Dr. Michael Browner, Jr. Hugo L. Ricci, Jr.
The following Commissioners were not present: Emma L. Peterson.
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 9:03 a.m., the Chair opened the meeting.
The first order of business was:
Approval of minutes of the Open Session held on April 8, 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 April 8, 2025.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.;Christopher P. Callahan; Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
ABSTENTIONS: Matthew D. Strauss.
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, and the link is available on the Commission’s website. He informed that the agenda and meeting materials, including draft advisory opinions, are 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, 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 three complaints pending. Executive Director Gramitt informed that discovery in the matter of In re: James Thorsen is ongoing and potential adjudication dates are being considered for In re: Heidi Weston Rogers. The matter of In re: Jason Licciardi is under investigation.
b.) Advisory opinions pending
There are 12 advisory opinions pending, six of which have been noticed for today’s meeting.
c.) Access to Public Records Act requests since last meeting
There were six APRA requests received since the last meeting, all of which were granted within one business day. Three related to complaints and three related to advisory opinions.
d.) Financial disclosure
Executive Director Gramitt stated that the current compliance rate of 85% is consistent with the historical compliance rate as of the filing deadline. Staff outreach to municipal clerks and non-filers has begun with a goal of attaining 100% compliance. Executive Director Gramitt noted that 92.5% of filers to date have filed online, which is a slight increase from prior years.
e.) General office administration
Executive Director Gramitt informed that the next meeting will be held on May 20, 2025.
f.) Legislative Update
Executive Director Gramitt advised that a hearing scheduled last week for 2025 H6166 regarding Sexual Harassment, which was discussed at the last meeting, was postponed at the sponsors’ request. As to 2025 S0927 regarding Gifts, he informed that he testified before the Senate Judiciary Committee on April 8, 2025, during which hearing he was directly asked by Senator McKenney whether the Ethics Commission is suggesting that the legislature cannot enact such legislation. Executive Director Gramitt stated that he explained the Ethics Commission’s legislative authority as set forth in the R.I. Supreme Court’s 1992 Advisory Opinion to Governor Sundlun but also noted that the Commission is currently reviewing the gift regulation. He further explained that there are very few gift complaints because the current rule is clear and understood. Executive Director Gramitt stated that the bill was held for further study.
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:
The Honorable K. Joseph Shekarchi, a legislator serving as a member of the Rhode Island House of Representatives, who in his private capacity is an attorney licensed to practice law in Rhode Island, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in General Assembly discussions and voting on proposed legislation that seeks to establish procedures that would make certain larger parcels of land available for subdivision in order to increase the availability of housing in Rhode Island, subject to conformance with applicable local municipal requirements, given that he previously represented a client for whom the legislation, if passed, could potentially create opportunities for development on land owned by the former client.
Chair Jones recused and was not present for the consideration of this matter.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Cenerini and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To issue an advisory opinion to the Honorable K. Joseph Shekarchi, a legislator serving as a member of the Rhode Island House of Representatives, who in his private capacity is an attorney licensed to practice law in Rhode Island.
AYES: Holly J. Susi; Dr. Michael Browner, Jr.; Frank J. Cenerini; Christopher P. Callahan; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Matthew D. Strauss.
RECUSALS: Lauren E. Jones.
The next advisory opinion was that of:
Perry Saunders Kellogg, a member of the Westerly Planning Board, requests an advisory opinion regarding what limitations, if any, the Code of Ethics imposes upon her in carrying out her public duties relative to submissions made to the planning board by Seaport Studios, Inc., a private entity by which she is employed, and which is owned by her parents.
Chair Jones rejoined the meeting.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present with Elizabeth McDonough Noonan, Esq. Staff Attorney Popova Papa noted factual edits to be made to the draft opinion that did not impact the analysis. Chair Jones disclosed that approximately ten years ago he represented the Petitioner’s parents, with whom he has had no further contact since the representation concluded. In response to Commissioner Rabideau, Staff Attorney Popova Papa confirmed that the Petitioner is not prohibited from testifying before the Architectural Review Board, of which she is not a member and for which she does not have appointing authority. In response to Commissioner Ricci, Attorney Noonan explained that there was no need to invoke the hardship exception to the revolving door prohibition because her client does not own the business. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was unanimously
VOTED: To issue an advisory opinion, as amended, to Perry Saunders Kellogg, a member of the Westerly Planning Board.
The next advisory opinion was that of:
Megan Reilly, a member of the North Kingstown School Committee, who in her private capacity is employed as a per diem substitute teacher by Effective School Solutions, an entity which currently provides services to the North Kingstown School District, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from continuing to work as a substitute teacher in the North Kingstown School District while simultaneously serving as a member of the school committee.
Commissioner Callahan recused and was not present for the consideration of this matter.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Ricci, Staff Attorney Radiches explained that the Petitioner’s employer, Effective School Solutions (ESS), is paid by the School District pursuant to its contract, but the Petitioner is paid by ESS. In response to Chair Jones, the Petitioner confirmed that she understood the need to recuse if ESS were to appear before the School Committee. Commissioner Ricci voiced concern regarding the appearance of a compensated School Committee member receiving pay from ESS, which is paid by the School District. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was
VOTED: To issue an advisory opinion to Megan Reilly, a member of the North Kingstown School Committee, who in her private capacity is employed as a per diem substitute teacher by Effective School Solutions.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Scott P. Rabideau; Matthew D. Strauss; and Holly J. Susi.
NOES: Hugo L. Ricci, Jr.
RECUSALS: Christopher P. Callahan.
The next advisory opinion was that of:
Laura Pickering,an attorney in private practice who was formerly employed by a law firm that represents multiple school districts in Rhode Island, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from representing clients in special education disputes against school districts in municipalities represented by her former employer.
Commissioner Callahan rejoined the meeting.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches noted an edit to the first page of the draft opinion, changing “explains” to “believes” in the paragraph following the response paragraph. Chair Jones noted that the advisory opinion is limited to the application of the Code of Ethics. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To issue an advisory opinion, as amended, to Laura Pickering, an attorney in private practice who was formerly employed by a law firm that represents multiple school districts in Rhode Island.
The next advisory opinion was that of:
Karen R. Ellsworth, the deputy zoning inspector for the Town of Exeter, who in her private capacity is legal counsel to the Rhode Island Public Works Association, a non-profit corporation, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from continuing to respond to zoning questions from an Exeter resident relative to his request for a zoning certificate, given that the resident had in the past filed an ethics complaint against a former member of the board of directors of the non-profit corporation.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Chair Jones disclosed that he has known the Petitioner for many years but does not have any conflict. Upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To issue an advisory opinion to Karen R. Ellsworth, the deputy zoning inspector for the Town of Exeter, who in her private capacity is legal counsel to the Rhode Island Public Works Association, a non-profit corporation.
The last advisory opinion was that of:
Ronald Gonsalves Jr., CPA, MBA, the executive director of administration & finance for the Newport Public School Department, who recently accepted a full-time position as the chief financial officer for the Rhode Island Department of Housing, a state employee position, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from, upon leaving his current municipal employment, and starting his new state employment, simultaneously working part-time for the Newport Public School Department as its business manager.
Dr. Michael Browner, Jr. recused and was not present for the consideration of this matter.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Callahan, it was
VOTED: To issue an advisory opinion to Ronald Gonsalves Jr., CPA, MBA, the executive director of administration & finance for the Newport Public School Department, who recently accepted a full-time position as the chief financial officer for the Rhode Island Department of
Housing, a state employee position.
Dr. Michael Browner, Jr. rejoined the meeting.
The next order of business was:
Continuing discussion of potential rulemaking: Amending the Code of Ethics’ Gift Rule at 520-RICR-00-00-1.4.2 regarding gifts from registered lobbyists and maximum allowable gift limits.
Executive Director Gramitt informed that Common Cause’s Executive Director, John Marion, submitted correspondence that addresses Commissioner Ricci’s inquiry from the last meeting and is present today to answer any further questions. Executive Director Gramitt clarified that the proposed definition of “interested person” would apply to any lobbyist. He informed of his ongoing research regarding other states’ gift limits and whether they have specific rules regarding gifts from lobbyists. Executive Director Gramitt noted the difficulty of trying to compare other jurisdictions with Rhode Island and observed that many states have exceptions to their gift rules that essentially negate the rules. He stated that he is prepared to discuss the New England states today or to present the entirety with a written summary at a future meeting.
Discussion ensued as to whether there is a need for the Executive Director to continue his research. Chair Jones stated that the issue of addressing whether lobbyists are to be included within the definition is independent of the gift amounts. In response to Commissioner Cenerini, Executive Director Gramitt confirmed that the new language proposed by Common Cause would include all registered lobbyists as interested persons but only as to the persons they are lobbying. He explained that it makes no distinction between lobbying on behalf of for-profit entities and non-profit entities, including governmental lobbyists.
Mr. Marion addressed the Commission and stated his belief that the language proposed in Common Cause’s March 18th correspondence adequately addresses both Common Cause’s concerns and those expressed by the Commission. Discussion ensued regarding whether the Commission should consider draft language at the next meeting to formally initiate the rule-making process. In response to Commissioner Cenerini, Executive Director Gramitt stated that going forward the staff would need to undertake a regulatory analysis with respect to draft proposals, and he further explained the findings that the Commission would need to make at the time of any formal vote for the adoption of rules.
Upon motion made by Commissioner Ricci and duly seconded by Commissioner Susi to have the Executive Director investigate the amount of other ethics commissions’ gift limitations and report back to the Commission with recommendations, there was discussion. Commissioner Ricci withdrew his motion. Executive Director Gramitt informed that he will look at other jurisdictions and the rate of inflation based on the consumer price index and be prepared to discuss a few representative examples at the next meeting, as well as to provide the staff’s recommendation as to an appropriate range of increase. In response to Commissioner Cenerini, Executive Director Gramitt stated that he would be prepared to address how Common Cause’s proposal would impact the gift regulation and its enforcement. Executive Director Gramitt further stated that he will present a written summary with respect to the gift limit amounts. Chair Jones requested that the material be circulated prior to the Thursday before the next meeting.
At 11:04 a.m., upon motion made by Commissioner Ricci 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 April 8, 2025, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).
b.) Motion to return to Open Session.
At 11:05 a.m., the Commission reconvened in Open Session.
The next order of business was:
Motion to seal minutes of April 29, 2025, Executive Session.
Upon motion made by Commissioner Cenerini and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To seal the minutes of the April 29, 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:
-
Voted (7-0) to approve the minutes of the Executive Session held on April 8, 2025.
[Reporter’s Note: The vote was as follows:
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christoper P. Callahan; Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
ABSTENTIONS: Matthew D. Strauss.]
-
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 11:10 a.m., upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To adjourn the meeting.
Respectfully submitted,
___________________________
Matthew D. Strauss
Secretary