Minutes 4-4-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 4, 2023 The Rhode Island Ethics Commission held its 4th meeting of 2023 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 4, 2023, 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: Lauren E. Jones and 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, Gary V. Petrarca, and Kevin Santurri. 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 March 7, 2023. Upon motion made by Commissioner Susi and duly seconded by Commissioner Corrente, it was unanimously VOTED: To approve the minutes of the Open Session held on March 7, 2023. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are no complaints currently pending. b.) Advisory opinions pending There are nine advisory opinions pending, five 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. Two requests related to advisory opinions, and one related to a complaint matter. d.) Financial Disclosure The deadline for filing the 2022 Financial Statements is April 28, 2023. Executive Director Gramitt informed that, to date, the staff has received approximately 50% of all required filings and is processing all paper and online statements as they are filed. e.) Ethics Administration/Office and Education Updates Executive Director Gramitt informed that, at the recommendation of Commissioner Peterson, the electronic materials that the Commissioners received for today’s meeting were provided using Adobe for the first time. He explained that Adobe allows the materials to be viewed in color and to comply with ADA requirements. Executive Director Gramitt informed that Education Coordinator Radiches has developed an education program designed for municipal housing authorities and that two opportunities to attend the training using Zoom format are available this week. Registrants for the trainings on April 3, 2023, in the morning and on April 4, 2023, in the afternoon included executive directors and commissioners from 14 of the 28 housing authorities in Rhode Island. 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: Robert S. DeGregorio, a member of the Warwick Zoning Board of Review, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in the consideration of appeals filed by parties aggrieved by a decision of the Warwick Planning Board in which the Petitioner’s employer, who serves as a member of the Warwick Planning Board, participated. Staff Attorney Giusti presented the Commission Staff recommendation. The Petitioner was present along with the City of Warwick’s Assistant Solicitor David Petrarca. In response to Commissioner Strauss, Staff Attorney Giusti explained that Mr. Slocum is the principal of The Slocum Agency and Slocum Homes. She further explained that the employer-employee analysis might differ if the facts involved a large corporation. The Petitioner represented that, as a real estate salesperson, he receives a 1099 form. In response to Chair Quinn, Staff Attorney Giusti stated that the Petitioner is also the Finance Director for The Slocum Agency, an employee position for which he receives a salary. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Robert S. DeGregorio, a member of the Warwick Zoning Board of Review. The next advisory opinion was that of: Kimberly Shockley, a member of the Coventry Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in Town Council discussions and decision-making relative to a petition seeking a zoning change of a vacant lot, given that: 1) the lot is in close proximity to the Petitioner’s personal residence; and 2) the person requesting the zoning change is the President of a private neighborhood association of which the Petitioner is a member. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Palumbo, the Petitioner explained that the president of the association, although not a property owner, could petition for a zoning change because of how the application is written, and because the review of the proposed development has not yet proceeded to a master plan hearing. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To issue an advisory opinion to Kimberly Shockley, a member of the Coventry Town Council. The next advisory opinion was that of: Mark Aramli, a member of the Newport City Council, asks whether an advisory opinion issued to him last year restricted his ability to participate in the City Council’s appointment of persons to the Newport Historic District Commission. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner addressed the Commission and explained that more than 50% of the City’s residents live in historic districts and own non-conforming lots. He stated that those residents must go through the planning and zoning process to seek any relief. The Petitioner represented that four out of the seven City Council members own property in, or have family or business associations within, historic districts. In response to Chair Quinn, Staff Attorney Radiches explained that the opinion as drafted provides that the Petitioner can currently make appointments to the HDC because a remand, at this juncture, is hypothetical. She stated that the requirement that the Petitioner recuse from all appointments to the HDC would take effect only if and when a remand is issued. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Mark Aramli, a member of the Newport City Council. The next advisory opinion was that of: The Honorable Carol Hagan McEntee, a legislator serving in the Rhode Island House of Representatives, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from participating in legislative activities concerning legislation that would enable the Bonnet Shores Fire District to hold an election whereby eligible voters would decide whether to approve or reject amendments to the Fire District Charter proposed by the Fire District Charter Commission, given that the Petitioner is an eligible voter in the Fire District. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner clarified page two of the draft, paragraph two, line five by stating that the 60-day residency is not the current requirement but will be the subject of the prospective vote. She stated that the Consent Judgment provides that voting rights are to be granted to all persons who reside in the Fire District and who are duly registered to vote in Narragansett. Following the Petitioner’s clarification, Staff Attorney Radiches proposed an amendment to that sentence. In response to Chair Quinn, Staff Attorney Radiches explained the footnote on page four of the draft by stating that, although the exercise of one’s right to vote could result in a direct or indirect financial impact upon a person, there is no financial impact attached to one’s right to vote. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to The Honorable Carol Hagan McEntee, a legislator serving in the Rhode Island House of Representatives. The final advisory opinion was that of: Anthony J. Melillo, a member of the Cranston School Committee, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in collective bargaining negotiations between the Cranston School Committee and/or its subcommittee and the local teachers’ union, given that his former spouse is a teacher employed by the Cranston School Department and a member of the local teachers’ union. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. Staff Attorney Popova Papa informed that any question relative to a conflict of interest stemming from the Petitioner’s stepdaughter’s employment by the Cranston School Department, as referenced in his request letter, is now moot given that she is no longer so employed. In response to Commissioners Susi and Palumbo, Legal Counsel DeSimone explained that the analysis might have been different if the Petitioner were paying alimony and/or child support and his official actions would result in a substantial change in the circumstances surrounding his financial obligations. In response to Commissioner Strauss, Staff Attorney Popova Papa informed that the Petitioner’s children are adults and any change in their mother’s salary would not have an effect on them. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To issue an advisory opinion to Anthony J. Melillo, a member of the Cranston School Committee. At 10:00 a.m., upon motion made 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 the Executive Session held on March 7, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Motion to return to Open Session. At 10:01 a.m., the Commission reconvened in Open Session. 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 7, 2023. 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 10:03 a.m., upon motion made by Commissioner Strauss and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Jason Gramitt Executive Director