Minutes April 9, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 9, 2024 The Rhode Island Ethics Commission held its 6th meeting of 2024 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 9, 2024, 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 Emma L. Peterson Lauren E. Jones, Vice Chair Hugo L. Ricci, Jr. Holly J. Susi, Secretary Matthew D. Strauss 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, Gary V. Petrarca, and Kevin Santurri. At 9:06 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on March 26, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To approve the minutes of the Open Session held on March 26, 2024. 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, after which the livestream will be closed while the Commission convenes in Executive Session. He stated that the link for the meeting along with meeting materials are available on the Commission’s website. 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 seven complaints pending, including three newly filed complaints, two of which will be initial determined at today’s meeting in Executive Session. The approved Decision and Order in the Nassaney complaint matter will be issued today. b.) Advisory opinions pending There are five advisory opinions pending, three of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were 17 APRA requests received since the last meeting, all of which were granted within one business day. Fifteen requests related to complaint matters, one related to a recusal, and one related to financial disclosure. d.) Financial disclosure The filing deadline for the 2023 financial statements is April 26, 2024. Extensions must be requested prior to the filing deadline. As of today, the compliance rate is at 54%, which is consistent with the number of statements filed at this time last year. e.) General office administration None. 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: Brianna Dixon, a social caseworker with the Rhode Island Department of Children, Youth, and Families, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from accepting secondary employment as a clinician with The Inner You Counseling Center, a private entity, where she would provide therapeutic services to adolescents. 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 Commissioner Jones, Staff Attorney Radiches explained that she adopted the language in footnote two of the draft opinion from Advisory Opinion 2014-6, which also involved a clinical social worker at DCYF. Commissioner Jones expressed concern that the recommendation in the footnote seemed to be directed to the Petitioner’s employer and not to the Petitioner and goes beyond the realm of advisory opinions. Commissioner Cenerini commented that a potential benefit of the footnote is that the suggestion therein, if followed, would provide notice to parents/guardians who may have concerns over their child being reassigned to a different clinician. Chair Quinn stated that while she echoes Commissioner Jones’ concern with going beyond the Commission’s jurisdiction, the footnote provides a suggestion only. Commissioner Susi noted her agreement with the suggestion in the footnote that would advise parents/guardians upfront of potential conflicts. In response to Commissioner Ricci, Legal Counsel DeSimone stated that use of the word “suggests” in the footnote makes clear that the Commission is not mandating the action recommended therein. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to Brianna Dixon, a social caseworker with the Rhode Island Department of Children, Youth, and Families. The next advisory opinion was that of: Neal Murphy, a member of the New Shoreham Town Council, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in Town Council discussions and voting regarding a proposed ordinance regulating residential short-term rental properties, given that his mother is a short-term rental property owner who would be subject to the ordinance if it passes. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. In response to Commissioner Jones, Staff Attorney Radiches informed that the proposed ordinance does not regulate inns, which fall under a separate ordinance. In further response to Commissioner Jones, Staff Attorney Radiches stated that any potential impact to inns resulting from the regulation of short-term rentals under the proposed ordinance would be indirect. Commissioner Peterson noted that the Petitioner did not participate in the drafting of the proposed ordinance but would only be participating in up or down votes. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Neal Murphy, a member of the New Shoreham Town Council. The final advisory opinion was that of: The Honorable Katherine S. Kazarian, a legislator serving in the Rhode Island House of Representatives, requests an advisory opinion regarding whether she may participate in discussion and decision-making relative to proposed legislation that, if passed, will prohibit commercial motor trucks with a gross weight rating of 26,001 pounds or more from traveling on Route 114A, East Providence between Pawtucket Avenue and the Massachusetts state line, given that her mother owns and resides in a home along this section of 114A. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in her absence. In response to Commissioner Peterson, Staff Attorney Popova Papa stated that the Petitioner requested an advisory opinion after someone raised a concern to her about a potential conflict of interest. In response to Commissioner Jones, Staff Attorney Popova Papa confirmed that the legal analysis in the opinion did not address the class exception, because there was no evidence of a financial benefit. In further response to Commissioner Jones, Staff Attorney Popova Papa explained that while some petitioners may submit expert reports, they are not required to do so. She further explained that the staff generally accepts and relies upon petitioners’ representations regarding the financial impact of proposed official action on the subject property. Commissioner Peterson noted that if a petitioner’s representations in any given matter prove to be false or incorrect, the advisory opinion is not valid and will not protect that petitioner. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to The Honorable Katherine S. Kazarian, a legislator serving in the Rhode Island House of Representatives. At 9:44 a.m., upon motion made by Commissioner Jones 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 26, 2024, 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.) In re: Michael Colasante, Complaint No. 2023-12, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Joseph A. DiMartino, Complaint No. 2024-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: Robert Mancini, Complaint No. 2024-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) Motion to return to Open Session. Executive Director Gramitt reminded all in attendance that the Open Session portion of the livestream meeting will close for Executive Session and will be reactivated for Open Session after Executive Session concludes. At 10:06 a.m., the Commission reconvened in Open Session. Commissioner Ricci returned to the hearing room. The livestream of the meeting resumed. The next order of business was: Motion to seal minutes of Executive Session held on April 9, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To seal the minutes of the Executive Session held on April 9, 2024. 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 (7-0) to approve the minutes of the Executive Session held on March 26, 2024. 2. Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, Second Extension in the matter of In re: Michael Colasante, Complaint No. 2023-10, for 60 days to July 10, 2024. 3. Unanimously voted (7-0) to grant the Prosecution’s Motion to Enlarge Time for Investigation, First Extension in the matter of In re: Michael Colasante, Complaint No. 2023-12, for 60 days to July 12, 2024. 4. Unanimously voted (7-0) in the matter of In re: Joseph A. DiMartino, Complaint No. 2024-5, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Code of Ethics and to authorize 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. 5. Voted (6-0) in the matter of In re: Robert Mancini, Complaint No. 2024-4, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Code of Ethics and to authorize an investigation. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; Holly J. Susi; and Matthew D. Strauss. RECUSAL: Hugo L. Ricci, Jr.] 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. 6. 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. In response to Commissioner Cenerini’s inquiry regarding Commission vacancies, Executive Director Gramitt explained that there are currently two vacancies, one of which is a direct gubernatorial appointment and the other is a gubernatorial appointment from a list of nominees submitted by House Minority Leader Michael Chippendale. The Governor’s Manager of Appointments, Craig Dwyer, informed Executive Director Gramitt that he received Representative Chippendale’s list of nominees and the vetting process is underway. Chair Quinn stated that she has served for 10 years on the Commission and wishes to complete her service soon. Commissioner Cenerini queried whether a letter from the Commission to its appointing authority for more immediate action might be considered. Chair Quinn stated that she will draft a letter on behalf of the Commission. At 10:18 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary