Minutes 5-16-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION May 16, 2023 The Rhode Island Ethics Commission held its 5th 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, May 16, 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 Lauren E. Jones The following Commissioner was 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, Gary V. Petrarca, and Kevin Santurri. At 9:02 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on April 4, 2023. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was VOTED: To approve the minutes of the Open Session held on April 4, 2023. AYES: Marisa A. Quinn; Arianne Corrente; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Lauren E. Jones. The next order of business was: Director’s Report: Status report and updates. a.) Ethics Administration/Office and Education Updates Executive Director Gramitt began the Director’s Report with the “Ethics Administration/Office and Education Updates” and explained that the Ethics Commission is testing new equipment at this meeting with the goal of livestreaming meetings beginning with its next. He provided an overview of the camera equipment and noted that livestreaming will only take place during open session. He explained that members of the public may participate remotely during periods of public comment or testimony. Executive Director Gramitt informed that the staff is awaiting information from the Rhode Island Office of the Attorney General as to whether petitioners, respondents and/or counsel, and staff members may participate remotely going forward. He clarified that Commission members must attend meetings in person. Executive Director Gramitt informed that Kyle Palumbo has resigned as a member of the Ethics Commission. Executive Director Gramitt stated that he has been communicating with the House Majority Leader, the House Minority Leader, and the Governor’s Office regarding the Commission’s vacancies and need for new appointments. He also stated that former Commissioner Palumbo’s resignation leaves the position of Secretary vacant. Executive Director Gramitt informed that he will review and sign all minutes in his capacity as Executive Director until a new Secretary is elected, likely at the next meeting. b.) Complaints and investigations pending There is one complaint pending, and it is noticed for consideration today in Executive Session. c.) Advisory opinions pending There are 13 advisory opinions pending, five of which have been noticed for today’s meeting. d.) Access to Public Records Act requests since last meeting There were four APRA requests received since the last meeting, all of which were granted within one business day. One request related to a recusal, two requests related to advisory opinions, and one related to a complaint matter. e.) Financial Disclosure The staff has received and processed over 3,800 financial statements in the last month, and the compliance rate is 90 percent, slightly ahead of this same time last year. Executive Director Gramitt informed that the compliance rate for online filings is 91%, also up slightly. The Commission investigators have already initiated compliance efforts for those who have not filed. f.) Legislative Update (discussion of 2023 – H 5190) There is one House bill that has been introduced by Representative Cardillo that seeks to amend the financial disclosure requirements with respect to debts. Currently, the mandate exempts credit card debt from disclosure, but the amendment would require disclosure if the credit card debt resulted in a default judgment. Executive Director Gramitt stated that this bill is scheduled for consideration on Thursday, May 18, 2023. In response to Commissioner Jones, Executive Director Gramitt informed that the bill would take effect upon its passage, necessitating a small change to next year’s financial disclosure form. 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: Stephen A. Lombardi, the Director of Continuing Education for the Rhode Island Municipal Police Training Academy, requests an advisory opinion regarding whether the Code of Ethics prevents him from working in his private capacity and on his own time as an independent contractor and course instructor for KFD Training and Consultation, LLC. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, the Petitioner stated that his private work will not be in Rhode Island. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Stephen A. Lombardi, the Director of Continuing Education for the Rhode Island Municipal Police Training Academy. The next advisory opinion was that of: James M. Callaghan, Esq., the former Solicitor for the Town of Narragansett, who is also an attorney in private practice, requests an advisory opinion regarding whether the Code of Ethics prohibits him from representing private clients before the Narragansett Zoning Board of Review and the Narragansett Planning Board within one year following the end of his tenure with the Town of Narragansett. Staff Attorney Giusti presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, the Petitioner informed that he is not obligated to serve as substitute counsel for the Assistant Solicitor. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was VOTED: To issue an advisory opinion to James M. Callaghan, Esq., the former Solicitor for the Town of Narragansett, who is also an attorney in private practice. AYES: Marisa A. Quinn; Arianne Corrente; Matthew D. Strauss; and Holly J. Susi. NOES: Lauren E. Jones. The advisory opinion issued. The next advisory opinion was that of: Leslie S. Dunn, a member of the Westerly School Committee, who in her private capacity is the founder and a member of the Steering Committee of the Westerly Anti-Racism Coalition (“ARC”), an advocacy group whose mission is to address racism in the Town of Westerly, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in School Committee discussions and/or voting on matters relating to the topics of diversity, equity, multiculturalism, and other similar topics, given that those topics are among those advanced by ARC as part of its mission. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Quinn, Staff Attorney Popova Papa explained that the Petitioner is not generally required to recuse from participating in School Committee discussions and voting in matters where ARC is not involved. She further explained that if something specific to ARC arises, then the Petitioner must recuse from the matter. In response to Commissioner Susi, the Petitioner stated that the School Committee does not provide any funding to ARC. In response to Commissioner Jones, Staff Attorney Popova Papa noted that if any members of the Steering Committee of ARC should appear before the School Committee, a separate legal analysis to determine whether the Petitioner and her fellow Steering Committee members are business associates would be required. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Strauss, it was unanimously VOTED: To issue an advisory opinion to Leslie S. Dunn, a member of the Westerly School Committee, who in her private capacity is the founder and a member of the Steering Committee of the Westerly Anti-Racism Coalition (“ARC”), an advocacy group whose mission is to address racism in the Town of Westerly. The next advisory opinion was that of: Edward P. Morrone, a member of the Westerly Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in Town Council discussions and decision-making relative to matters pertaining to Fort Road, of which the Watch Hill Fire District claims ownership, given that he previously provided consulting services to the Watch Hill Fire District. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. Upon motion made by Commissioner Susi and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Edward P. Morrone, a member of the Westerly Town Council. The final advisory opinion was that of: Mark Aramli, a member of the Newport City Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating as a member of a City Council subcommittee tasked with drafting proposed revisions to the Newport Zoning Code pertaining to historic district overlays, and/or in the City Council’s eventual discussions and voting relative to those proposed revisions, given that he owns properties located within a Newport Historic District. Staff Attorney Radiches informed that the Petitioner was not present but had consented to the Commission proceeding in his absence. Staff Attorney Radiches explained that the Petitioner had sent her an email containing comments that he requested to have read to the Commission. Following the reading of the Petitioner’s comments, Staff Attorney Radiches presented the Commission Staff recommendation. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion to Mark Aramli, a member of the Newport City Council. At 9:51 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Strauss, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of the Executive Session held on April 4, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Jason K. Messier, Complaint No. 2023-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Motion to return to Open Session. At 10:09 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on May 16, 2023. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on May 16, 2023. 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: Voted (4-0) to approve the minutes of the Executive Session held on April 4, 2023. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Lauren E. Jones.] Unanimously voted (5-0) in the matter of In re: Jason K. Messier, Complaint No. 2023-2, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Financial Disclosure Mandate and to authorize an investigation. Unanimously voted (5-0) to approve a proposed Informal Resolution & Settlement in the matter of In re: Jason K. Messier, Complaint No. 2023-2, by which the Ethics Commission imposed a civil penalty of $300 for violations of the Financial Disclosure Mandate. Copies of the Informal Resolution and Settlement will be available at the conclusion of the meeting. 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 10:10 a.m., upon motion made by Commissioner Corrente and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Jason Gramitt Executive Director