Minutes 4-8-25
MINUTES OF THE OPEN SESSION
OF THE RHODE ISLAND ETHICS COMMISSION
April 8, 2025
The Rhode Island Ethics Commission held its 6th 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 8, 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 Frank J. Cenerini
Holly J. Susi, Vice Chair Scott P. Rabideau
Dr. Michael Browner, Jr. Hugo L. Ricci, Jr.
Christopher P. Callahan
The following Commissioners were not present: Emma L. Peterson and Matthew D. Strauss.
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 9:02 a.m., the Chair opened the meeting.
The first order of business was:
Administration of Oath of Office to
General Christopher P. Callahan (RET).
Chair Jones administered the Oath of Office to Commissioner Christopher P. Callahan.
The next order of business was:
Approval of minutes of the Open Session held on March 25, 2025.
Upon motion made by Commissioner Rabideau and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To approve the minutes of the Open Session held on March 25, 2025.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.;Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
ABSTENTIONS: Christopher P. Callahan.
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, one of which is scheduled for a probable cause hearing today in Executive Session. Executive Director Gramitt informed that discovery in the matter of In re: James Thorsen is ongoing and the matter of In re: Jason Licciardi is under investigation.
b.) Advisory opinions pending
There are 15 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 two APRA requests received since the last meeting, one of which was granted within one business day. The other request sought older financial disclosure statements that are stored off-site. The staff informed the requester of the cost for retrieval and copying of the statements, and the 10-day response period is tolled pending the requester’s reply.
d.) Financial disclosure
Executive Director Gramitt stated that close to 2,200 Financial Disclosure statements have been filed to date and are being processed by the staff. He reminded those Commissioners who have not filed yet that the deadline is April 25, 2025.
e.) General office administration
Executive Director Gramitt informed that the next meeting will be held on April 29, 2025. He noted that Common Cause’s petition for rulemaking will be noticed indefinitely on the agenda.
The next order of business was:
Legislative Update: Discussion of 2025 S0927 regarding Gifts and
2025 H6166 regarding Sexual Harassment.
Executive Director Gramitt explained that, as the Commission’s registered lobbyist, he monitors and reports to the Commission on proposed legislation that might affect the Ethics Commission, the Code of Ethics, and/or the Commissioners. He also attends legislative hearings and testifies on legislation as directed by the Commission.
Executive Director Gramitt informed that Senator Ciccone has introduced Senate Bill 0927, which would add a statutory gift law to the Code of Ethics. He explained that the Commission enacted the current gift regulation in 2005 pursuant to its constitutional authority. That regulation limits the gift amount that a public official may receive from an interested person to $25 per instance and $75 in the aggregate from the same interested person. The proposed legislation essentially copies most of the Code’s gift regulation but raises the limits to $50 per instance and $250 in the aggregate. Executive Director Gramitt noted that the proposal does not include the seven exceptions listed under the Code’s gift regulation. He further stated that the bill adds some new definitions to Rhode Island General Laws § 36-14-2 that would disrupt the current ordering of that section and impact references in other sections.
Executive Director Gramitt informed that the General Assembly cannot change the gift limits set forth in the gift regulation because the Rhode Island Constitution vests the Ethics Commission with primary authority to adopt substantive ethics laws. He referred to the R.I. Supreme Court advisory opinion issued in 1992 to Governor Sundlun in which the Governor questioned the Ethics Commission’s legislative authority. The court’s opinion states that the Ethics Commission and the General Assembly have concurrent power to adopt substantive ethics laws, although the Commission’s authority to enact substantive ethics laws is primary. Therefore, the opinion states, where an Ethics Commission regulation on a substantive ethics issue conflicts with a statute and the two cannot be reconciled, the Ethics Commission regulation prevails. Executive Director Gramitt noted that Senate Bill 0927 attempts to legislate in the same area as the Ethics Commission by raising the gift limits that already have been established by the gift regulation. In response to Chair Jones, Executive Director Gramitt informed that the ethics commissions in Hawaii, New Mexico, and a few other states were constitutionally created. He stated that if Senate Bill 0927 were to be enacted, the Commission would continue to enforce its own gift regulation and the $25 and $75 limits.
Executive Director Gramitt stated that he will attend the legislative hearing tonight, answer any questions, and inform the legislature that the Commission is already examining its gift regulation through the rulemaking process. Commissioner Cenerini requested that Executive Director Gramitt inform the legislature of the Ethics Commission’s good will as evidenced through its several in-depth discussions and sessions regarding the gift limit, and that the Commission be able to complete the rulemaking process. In response to Commissioner Cenerini, Executive Director Gramitt explained that, to learn what $25 worth of buying power in 2005 is today, he considered a few sources, including the U.S. Bureau of Labor Statistics which bases the rate of inflation on the consumer price index, and that amount is $41. In response to Commissioner Callahan, Executive Director Gramitt explained that before the Commission adopted the $25 and $75 amounts, the gift limit amount in 2000 was zero. He further explained that the regulated community took issue with the zero tolerance and, shortly thereafter, the Commission initiated rulemaking and raised the limit to $150 and $450 in the aggregate. Executive Director Gramitt informed that this increase created division between the regulated community and good government groups and the public so that, in 2005, the Commission adopted the current $25 and $75 limits. He explained that these numbers would allow for small gifts and obviate the filing of undue complaints and lawsuits. Executive Director Gramitt noted that the $25 and $75 limits have worked well for 20 years and have reduced the number of complaints filed.
Chair Jones asked if there was a consensus among the Commissioners to authorize Executive Director Gramitt to attend and present at the legislative hearing tonight, and there was no objection. Executive Director Gramitt informed that the hearing will be livestreamed on Capital TV.
Executive Director Gramitt next discussed House Bill 6166, which was introduced by Representatives Tanzi and Ajello but has not been scheduled yet for hearing. He explained that this legislation addresses claims of sexual harassment committed by legislators, employees of the General Assembly, volunteers, interns, pages, and lobbyists. Complaints would be filed with the Ethics Commission which would be tasked with investigating and adjudicating allegations, and taking any number of remedial actions, as set forth in the law, where a violation is found. Executive Director Gramitt stated that this is a serious issue, and some other jurisdictions have considered delegating this area to their respective ethics commissions. He further stated, however, that this area is far removed from the types of complaints that the Ethics Commission handles and would require additional training and funds. Executive Director Gramitt opined that other agencies, such as the Human Rights Commission, would be better equipped to handle these complaints. He noted that the bill is in its early stages and there is not likely to be any action taken this year. He suggested that the Commission take a wait-and-see approach.
Commissioner Cenerini and Chair Jones both raised concerns regarding the bill’s constitutional implications. Chair Jones concurred with waiting to see if there are any further developments. Upon Chair Jones’ inquiry, there was no objection to authorizing Executive Director Gramitt to attend any legislative hearings that may arise between Commission meetings regarding this bill and to act consistent with today’s discussion. Executive Director Gramitt noted that he would confer with Chair Jones if something arose and he was unsure of how the Commission wished to proceed.
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.
Commissioner Cenerini recused from the Commission’s consideration of the first four advisory opinions related to the Bonnet Shores petitioners. He left the dais and sat in the public gallery area.
The first advisory opinion was that of:
Jane Duran, a member of the Bonnet Shores Fire District Council, who is also a member of the Bonnet Shores Charter Revision Committee, and who in her private capacity owns a condominium unit at the Bonnet Shores Beach Club, seeks guidance from the Ethics Commission regarding whether she may participate in fire district council discussions and decision-making relating to proposed amendments to the charter and its definition of who is eligible to vote in the district, given that she participated in the charter committee’s discussions and recommendations to the fire district council regarding potential changes to the voting franchise, and is required to pay a special assessment by the beach club to help cover any future legal expenses incurred by the beach club to protect the current voting rights of Beach Club condominium owners.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Popova Papa informed that the Petitioner provided clarification last Friday regarding the ownership interests of her family members. Staff Attorney Popova Papa stated that those amendments were made after the meeting packets had been prepared and delivered, but they do not affect the legal analysis of the opinion as drafted. She further stated that she will explain those amendments at the conclusion of her presentation. In response to Chair Jones, Staff Attorney Popova Papa confirmed that the amendments apply to page 2, paragraph 2, page six, the first full paragraph, as well as the paragraph beginning at the bottom of page 6. In response to Commissioner Callahan, Staff Attorney Popova Papa stated that the financial impact must be direct. She explained that if the Fire District Council were discussing the imposition of a fee on all Beach Club condominium owners without sending the matter to the General Assembly and without the District members voting, that likely would result in a direct financial impact upon the Petitioner, her family members, and her business associates. In further response to Commissioner Callahan, Staff Attorney Popova Papa stated that the staff generally drafts advisory opinions based on what has been presented by a petitioner, which here involves only the change in voting rights. Legal Counsel DeSimone noted that official activity under the Code includes discussion and voting.
Commissioner Rabideau made a motion to accept the staff’s recommendation with the changes regarding the Petitioner’s family members as presented by staff. Legal Counsel DeSimone informed that the Commission would be giving Staff Attorney Popova Papa the authority to make the amendments as she presented them to the Commission.
The Petitioner addressed the Commission and explained that the charter committee of which she is a member was established by Judge Taft-Carter to recommend and advise the Council to make changes to the charter. The Council, of which she is an elected member, decides which, if any, changes to submit to the General Assembly for enabling legislation. If the General Assembly accepts those recommendations, then the District voters will decide. The Petitioner further explained that her inquiry relates to whether she may participate in the Council’s submission of changes to the General Assembly given that she participated in recommending those changes as a member of the charter committee and given her ownership interest in a Beach Club condo unit. In response to Chair Jones, the Petitioner informed that the recommendations must be submitted to the General Assembly this month in order to be decided upon and take effect this calendar year. Chair Jones explained that Commissioner Ricci proposed an amendment to Commissioner Rabideau’s motion to be more explicit in authorizing Staff Attorney Popova Papa to make amendments to her proposed advisory opinion as the Commission has approved. Upon Commissioner Rabideau’s agreement to the proposed amendment to his motion, which motion was duly seconded by Commissioner Ricci, it was
VOTED: To authorize Staff Attorney Popova Papa to make the amendments to the proposed advisory opinion as approved by the Commission and to issue an advisory opinion, as amended, to Jane Duran, a member of the Bonnet Shores Fire District Council, who is also a member of the Bonnet Shores Charter Revision Committee, and who in her private capacity owns a condominium unit at the Bonnet Shores Beach Club.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
RECUSALS: Frank J. Cenerini.
The next advisory opinion was that of:
Carol O’Donnell, the chairperson of the Bonnet Shores Fire District Council, who in her private capacity owns several condominium units at the Bonnet Shores Beach Club, a private condominium association located in the fire district, seeks guidance from the Ethics Commission regarding whether she may participate in fire district council discussions and decision-making relating to proposed amendments to the charter and its definition of who is eligible to vote in the district, given that she is required to pay a special assessment by the beach club to help cover any future legal expenses incurred by the beach club to protect the current voting rights of beach club condominium owners.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To issue an advisory opinion to Carol O’Donnell, the chairperson of the Bonnet Shores Fire District Council, who in her private capacity owns several condominium units at the Bonnet Shores Beach Club, a private condominium association located in the fire district.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
RECUSALS: Frank J. Cenerini.
The next advisory opinion was that of:
Faith LaSalle, a member of the Bonnet Shores Fire District Council, who is also the chairperson of the Bonnet Shores Charter Revision Committee, seeks guidance from the Ethics Commission regarding whether she may participate in fire district council discussions and decision-making relating to proposed amendments to the charter and its definition of who is eligible to vote in the district, given that she participated in the charter committee’s discussions and recommendations to the fire district council regarding potential changes to the voting franchise.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was
VOTED: To issue an advisory opinion to Faith LaSalle, a member of the Bonnet Shores Fire District Council, who is also the chairperson of the Bonnet Shores Charter Revision Committee.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
RECUSALS: Frank J. Cenerini.
The next advisory opinion was that of:
Anthony Girardi, a member of the Bonnet Shores Fire District Council, who in his private capacity owns a condominium unit at the Bonnet Shores Beach Club, a private condominium association located in the fire district, seeks guidance from the Ethics Commission regarding whether he may participate in fire district council discussions and decision-making relating to proposed amendments to the charter and its definition of who is eligible to vote in the district, given that he is required to pay a special assessment by the beach club to help cover any future legal expenses incurred by the beach club to protect the current voting rights of beach club condominium owners.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The
Petitioner was present via live video recording. Staff Attorney Popova Papa noted an amendment to page six of the draft, the paragraph beginning with “Here” should read, “the Petitioner or his wife . . . .” At the end of that sentence, she would add the following, “His sister’s right to vote could potentially be impacted by excluding beach club condominium unit owners from the voting franchise in the BSFD. However, . . .” Upon motion made by Commissioner Callahan and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To issue an advisory opinion, as amended, to Anthony Girardi, a member of the Bonnet Shores Fire District Council, who in his private capacity owns a condominium unit at the Bonnet Shores Beach Club, a private condominium association located in the fire district.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
RECUSALS: Frank J. Cenerini.
Commissioner Cenerini returned to the dais.
The next advisory opinion was that of:
Shawn J. Brown, the Town Administrator for the Town of Middletown, who in his private capacity is the trustee and sole beneficiary of a trust that owns a piece of property in Middletown, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from appearing, in his private capacity, before the Middletown Zoning Board in response to an application for a special-use permit filed by the owner of a piece of property that abuts the trust property.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Rabideau, the Petitioner informed that the Zoning Board does not have a specific budget over which the Petitioner could have any influence. In response to Chair Jones, the Petitioner stated that his property forms an immediate boundary connection to the trust property. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Susi, it was unanimously
VOTED: To issue an advisory opinion to Shawn J. Brown, the Town Administrator for the Town of Middletown, who in his private capacity is the trustee and sole beneficiary of a trust that owns a piece of property in Middletown.
The last advisory opinion was that of:
Cynthia Roberts, a member of the North Smithfield Planning Board, who is also a member of the North Smithfield Groundwater Protection Committee, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from participating as a member of both municipal agencies’ discussions and recommendations to the North Smithfield Town Council concerning an application for a mining overlay district that is currently pending before the town council.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. In response to Chair Jones, Staff Attorney Radiches informed that the Petitioner’s representation is that her family will not be directly financially impacted by her official activity which is limited to making recommendations to the town council. Chair Jones stated that he agrees with the opinion if the Petitioner’s official activity is limited to solely making recommendations to the town council and not to adopting the mining overlay district. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To issue an advisory opinion to Cynthia Roberts, a member of the North Smithfield Planning Board, who is also a member of the North Smithfield Groundwater Protection Committee.
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 to apply to gifts from all registered lobbyists.
In response to Commissioner Cenerini, Executive Director Gramitt informed that Common Cause’s Executive Director submitted an amendment to his initial proposal, which had included in its prohibition gifts from all lobbyists to anyone subject to the Code, but the amended proposal now only applies to gifts given to those public officials whom a lobbyist is lobbying. The consensus of the Commission was to continue this agenda item to a future Commission meeting.
At 10:38 a.m., upon motion made by Commissioner Ricci and duly seconded by Dr. Michael Browner, Jr., it was
VOTED: To go into Executive Session, to wit:
a.) Motion to approve minutes of Executive Session held on March 25, 2025, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).
b.) In re: Heidi Weston Rogers, Complaint No. 2024-12, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).
c.) Motion to return to Open Session.
At 12:08 p.m., the Commission reconvened in Open Session. The livestream of the meeting resumed.
The next order of business was:
Motion to seal minutes of April 8, 2025, Executive Session.
Upon motion made by Commissioner Ricci and duly seconded by Commissioner Susi, it was unanimously
VOTED: To seal the minutes of the April 8, 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 March 25, 2025.
[Reporter’s Note: The vote was as follows:
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi.
ABSTENTIONS: Christopher P. Callahan.]
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In the matter of In re: Heidi Weston Rogers, Complaint. No. 2024-12, the Commission took the following actions:
Voted (1-6) on a motion to permit the Respondent to submit additional evidence for the Commission to consider as part of its probable cause determination. The motion failed.
[Reporter’s Note: The vote was as follows:
AYES: Scott P. Rabideau.
NOES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Christopher P. Callahan; Hugo L. Ricci, Jr.; and Holly J. Susi.]
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated R.I. Gen. Laws § 36-14-5(a) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to appoint an interim DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated R.I. Gen. Laws § 36-14-5(d) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to appoint an interim DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated 520-RICR-00-00-1.3.1(B)(1) Prohibited Activities – Nepotism (36-14-5004) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to appoint an interim DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated R.I. Gen. Laws § 36-14-5(a) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to post the position of permanent DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated R.I. Gen. Laws § 36-14-5(d) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to post the position of permanent DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated 520-RICR-00-00-1.3.1(B)(1) Prohibited Activities – Nepotism (36-14-5004) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to post the position of permanent DPW Director.
Unanimously voted (7-0) that there exists probable cause to believe that Heidi Weston Rogers, an elected member of the Foster Town Council, violated 520-RICR-00-00-1.2.1(A)(1) Additional Circumstances Warranting Recusal (36-14-5002) by her participation in the Town Council’s July 18, 2024, discussion and vote on a motion to post the position of permanent DPW Director.
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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 12:15 p.m., upon motion made by Dr. Michael Browner, Jr., and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To adjourn the meeting.
Respectfully submitted,
___________________________
Matthew D. Strauss
Secretary