Minutes 5-17-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION May 17, 2022 The Rhode Island Ethics Commission held its 6th meeting of 2022 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 17, 2022, 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 Lauren E. Jones Arianne Corrente, Vice Chair Matthew D. Strauss Kyle P. Palumbo, Secretary Holly J. Susi The following Commissioner was not present: J. Douglas Bennett. 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 9:01 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on April 26, 2022. 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 26, 2022. AYES: Marisa A. Quinn; Arianne Corrente; Kyle P. Palumbo; 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.) Complaints and investigations pending There are three active complaints, two of which are under investigation. Executive Director Gramitt explained that, pursuant to the Open Meetings Act, a complaint against Carlos Tobon that was filed yesterday could not be added to today’s agenda for initial determination. He stated that he will inform the Commission in executive session of a preliminary investigation that has been initiated. b.) Advisory opinions pending There are two advisory opinions pending which have been noticed for today’s meeting. c.) 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. Executive Director Gramitt informed that three requests related to financial disclosure and one related to an advisory opinion. d.) 2021 Financial Disclosure Executive Director Gramitt stated that the filing deadline has expired but filers who requested extensions prior to the filing deadline received a 60-day extension until the end of June. He informed that the compliance rate is slightly behind the rate at this same time last year and that approximately 600 financial statements remain outstanding. e.) Ethics Administration/Office and Education Updates Executive Director Gramitt welcomed the Commission’s new Deputy Chief Investigator, Kevin Santurri, who began his employ yesterday. f.) Legislative Update There was nothing to report. 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 Anastasia Williams, a legislator serving as a member of the Rhode Island House of Representatives, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in General Assembly discussions and decision-making that will financially impact the Black and Latino Caucus Community Partnerships, a private organization incorporated by the Petitioner and for which the Petitioner was, until recently, the registered agent. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present along with her attorney Robert E. Flaherty, Esq. Attorney Flaherty addressed the Commission and discussed the contents of the May 10, 2022 letter that he submitted to Executive Director Gramitt in response to the draft advisory opinion. Attorney Flaherty argued that the Petitioner is an elected official voted into office by 13,300 constituents who she vigorously represents. Attorney Flaherty further argued that the bill she has sponsored will directly financially impact the Black and Latino Caucus Community Partnerships (BLCCP) and will not benefit her. He disputed application of the “reasonable person” standard to these facts and argued that the Petitioner has no conflict of interest under the Code of Ethics and has a constitutional duty to represent her constituents. Commissioner Jones noted that Attorney Flaherty’s letter referred to prior Commission decisions with similar fact patterns, but it did not cite to any specific decisions or opinions. In response to Commissioner Corrente, Attorney Flaherty represented that it is a common occurrence for a legislator to introduce legislation that may financially impact an organization which the legislator had formed or to which the legislator had some former ties. He stated that it is a legislator’s duty to provide a platform or a voice for her constituents through legislation she sponsors. Attorney Flaherty argued that the Petitioner should not be required to recuse from a matter if it is not prohibited by the Code of Ethics. The Petitioner addressed the Commission and explained that the purpose of the radio station is to provide a social medium that does not currently exist in Rhode Island for people of color. She represented that she incorporated the BLCCP to help fill a need at the time but that she will not benefit from the $685,000 appropriation. Chair Quinn noted that the Commission is not commenting on the need for or value of the proposal, only on the Petitioner’s role in funding it and as the entity’s founder. In response to Commissioner Strauss, Attorney Flaherty represented that the Petitioner’s duty to represent her constituents is paramount and there is no conflict for her to do so. In response to Commissioner Susi, the Petitioner stated that she was elected in 1992. In further response to Commissioner Susi, the Petitioner represented that when a constituent asks her to submit legislation it is her responsibility to analyze it and present it to her colleagues. Attorney Flaherty noted that legislation can be submitted “by request.” In response to Commissioner Susi, the Petitioner informed that she does not recall having to recuse previously. Commissioner Susi categorized herself as a typical reasonable person, a Rhode Island citizen who is not an attorney, and represented that she was troubled by the propriety of the Petitioner’s action of introducing a bill for almost $700,000 that would be given to an organization that the Petitioner founded. Commissioner Corrente expressed concern that while the advisory opinion, as drafted, states that the Petitioner’s proposed conduct does not violate the Code of Ethics, it also constrains the Petitioner from taking any official action. In response to Commissioner Palumbo, Staff Attorney Radiches explained that an analogous test for determining whether there is an appearance of impropriety can be found within the Rules of Judicial Conduct and that judges and legislators alike take an oath to uphold the Rhode Island Constitution, which includes avoiding the appearance of impropriety. Staff Attorney Radiches stated that the advisory opinion does not prevent the Petitioner from engaging in the proposed conduct but also opines that her constitutional duty to represent her constituents must be balanced with her equal constitutional duty to avoid the appearance of impropriety while doing so. Commissioner Palumbo noted his concern that the language in the draft that advises the Petitioner to recuse based solely on an appearance of impropriety could have a chilling effect on other petitioners who wish to request similar guidance from the Commission. Discussion ensued among the Commissioners regarding possible amendments to the language of the draft opinion relating to the Petitioner recusing from participation on the basis of an appearance of impropriety. Legal Counsel DeSimone proposed that the Commission could strike the last sentence of the first paragraph under “Response” on page one of the draft and also strike the last paragraph of the draft in its entirety beginning at the bottom of page 4. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was VOTED: To amend the draft advisory opinion to strike the last sentence of the first paragraph under “Response” on page one of the draft and to strike the last paragraph of the draft in its entirety beginning at the bottom of page 4. AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; and Matthew D. Strauss. NOES: Holly J. Susi. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was VOTED: To issue an advisory opinion, as amended and attached hereto, to The Honorable Anastasia Williams, a legislator serving as a member of the Rhode Island House of Representatives. AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Kyle P. Palumbo; and Matthew D. Strauss. NOES: Holly J. Susi. The final advisory opinion was that of: Lisa Bryer, AICP, the Town Planner for the Town of Jamestown, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from performing her Town Planner duties related to the leasing of space and the construction of a facility in Jamestown by the Conanicut Island Sailing Foundation, a local non-profit organization, given that her spouse is a member of that organization’s Board of Directors and her son is one of the organization’s seasonal employees. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To issue an advisory opinion to Lisa Bryer, AICP, the Town Planner for the Town of Jamestown. At 10:14 a.m., upon motion by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on April 26, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) Notification of initiation of Preliminary Investigation No. 2022-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Motion to return to Open Session. At 10:22 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on May 17, 2022. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on May 17, 2022. 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 (5-0) to approve the minutes of the Executive Session held on April 26, 2022. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente, Kyle P. Palumbo; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Lauren E. Jones.] Received notification of initiation of Preliminary Investigation 2022-1. No action was taken. Unanimously voted (6-0) 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 10:24 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Kyle P. Palumbo Secretary