Minutes May 20, 2025

MINUTES OF THE OPEN SESSION

OF THE RHODE ISLAND ETHICS COMMISSION

May 20, 2025

The Rhode Island Ethics Commission held its 8^th 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, May 20, 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 Emma L. Peterson

Matthew D. Strauss, Secretary Scott P. Rabideau

Dr. Michael Browner, Jr. Hugo L. Ricci, Jr.

Christopher P. Callahan

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[1] 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. He informed that he needs to leave the meeting by 10:30 a.m., but there is no need to rush through any matters. He stated that if the agenda is not completed by the time he leaves, Vice Chair Susi will preside over the remainder of the meeting.

The first order of business was:

Approval of minutes of the Open Session held on April 29, 2025.

Upon motion made by Commissioner Callahan and duly seconded by Dr. Michael Browner, Jr., it was

VOTED: To approve the minutes of the Open Session held on April 29, 2025.

AYES: Lauren E. Jones; Dr. Michael Browner, Jr.;Christopher P. Callahan; Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.

ABSTENTIONS: Emma L. Peterson.

The next order of business was:

Discussion and vote to initiate formal rulemaking: Amending the Code of Ethics’ Gift Rule at 520-RICR-00-00-1.4.2 to expressly include registered lobbyists within the definition of “interested person,” and to raise the maximum allowable gift values to be more consistent with changes to the consumer price index since 2005.

Chair Jones explained that there are two proposals before the Commission for consideration, and the Commission is not required to vote the same way on both proposals. In response to Commissioner Cenerini, Chair Jones explained that the Commission is voting on whether to engage in formal rulemaking relative to each proposal and not on any of the details of each proposal. He stated that if the Commission votes to engage in rulemaking, then discussions regarding specific details of each proposal will take place at future meetings. Chair Jones informed that the Commission is not obligated to initiate rulemaking or to accept what has been proposed but has the authority to modify the proposals in its discretion. In response to Commissioner Cenerini, Chair Jones explained that the public notice provided by the Commission of formal rulemaking as to the two proposals is sufficient for the entirety of the rulemaking process. He further explained that the Commission is not required to provide notice for each and every modification that it may propose to the rule.

Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Peterson, it was unanimously

VOTED: To initiate formal rulemaking: Amending the Code of Ethics’ Gift Rule at 520-RICR-00-00-1.4.2 to expressly include registered lobbyists within the definition of “interested person.”

Upon motion made by Commissioner Cenerini and duly seconded by Commissioner

Rabideau, it was unanimously

VOTED: To initiate formal rulemaking: Amending the Code of Ethics’ Gift Rule at 520-RICR-00-00-1.4.2 to raise the maximum allowable gift values to be more consistent with changes to the consumer price index since 2005.

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 the proposed regulations at this point and the draft advisory opinions, are also available on the Commission’s website.

a.) Complaints and investigations pending

There are four complaints pending, including a new one that is scheduled for initial determination today in Executive Session. Executive Director Gramitt informed that discovery in the matter of In re: James Thorsen is still ongoing, and depositions have not been scheduled yet. With respect to In re: Heidi Weston Rogers, respective counsel are discussing whether the matter will proceed to an adjudication or whether there may be an informal resolution and settlement. The matter of In re: Jason Licciardi is under investigation.

b.) Advisory opinions pending

There are eight advisory opinions pending, five of which have been noticed for today’s meeting. Executive Director Gramitt expressed gratitude to Staff Attorneys Radiches and Popova Papa for their efforts in handling the high volume of advisory opinions over the past few months.

c.) Access to Public Records Act requests since last meeting

There were 11 APRA requests received since the last meeting, all of which were granted within one business day. One related to meeting materials, six related to advisory opinions, three related to recusal statements, and one related to the financial disclosure fine schedule that the Commission adopted last year.

d.) Financial disclosure

Executive Director Gramitt stated that, as of this morning, the current compliance rate is 95%, which is three percent higher than at this time last year. Executive Director Gramitt informed that the investigators have begun their efforts to contact the approximately 200 non-filers, consisting of: 60% municipal officials; 20% members of charter school board of directors; 15% state boards and commissions; and five percent regional positions.

e.) General office administration

Executive Director Gramitt informed that the next meeting will be held on June 10, 2025. He also informed that a summer intern from URI will soon be starting.

f.) Legislative Update

There has been no action on the two legislative bills that Executive Director Gramitt has been tracking.

Chair Jones inquired whether the parties in the Thorsen matter should appear before the Commission to provide an update on the progress but not the merits of the case. He expressed concern that depositions still have not been scheduled. In response to Commissioner Cenerini, Chair Jones noted prior difficulties encountered with serving foreign subpoenas, but he stated that sufficient time has passed to request a status update. In response to Commissioner Ricci, Chair Jones stated that legal counsel should appear before the Commission as a body to ensure that all members are privy to the same information. Commissioner Cenerini proposed that Executive Director Gramitt coordinate a status conference with opposing counsel to be held before the Commission. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was

VOTED: In the matter of In re: James Thorsen, to authorize the Executive Director to coordinate a status conference with legal counsel to be held before the Ethics Commission.

AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.

ABSTENTIONS: Christopher P. Callahan.

Commissioner Peterson addressed the Chair and informed that the Commission discussed the Respondent’s petition to take out-of-state discovery in the Thorsen matter on September 24, 2024, more than six months ago.

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:

Brian Thalmann, PE, an alternate member of the Smithfield Zoning Board of Review, who in his private capacity is a professional engineer, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in zoning board discussions and decision-making relative to an application for a dimensional variance allowing the applicant to construct a detached garage on property that is part of a subdivision, given that the Petitioner was the engineer for the subdivision.

Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner represented to the Commission that he sought this advisory opinion out of an abundance of caution. Upon motion made by Commissioner Callahan and duly seconded by Dr. Michael Browner, Jr., it was unanimously

VOTED: To issue an advisory opinion to Brian Thalmann, PE, an alternate member of the Smithfield Zoning Board of Review, who in his private capacity is a professional engineer.

The next advisory opinion was that of:

Sergeant Jason Brodeur, a sergeant with the Warwick Police Department, requests an advisory opinion regarding whether the established alternate chain of command policy would sufficiently insulate him from conflicts of interest arising out of his position, given the police department’s anticipated hiring of the Petitioner’s nephew to work as a communications specialist/dispatcher.

Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Rabideau and duly seconded by Dr. Michael Browner, Jr., it was unanimously

VOTED: To issue an advisory opinion to Sergeant Jason Brodeur, a sergeant with the Warwick Police Department.

The next advisory opinion was that of:

The Honorable Frank A. Ciccone, III, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in Senate discussions and voting on proposed legislation that defines various assault weapons and restricts the manufacture, sale, purchase, and possession of them, given that the Petitioner holds a license to deal firearms and would be subject to the legislation if it passes.

Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. Chair Jones noted two instances on page four of the draft where “90” should read “99.” In response to Commissioner Rabideau, Staff Attorney Radiches informed that the Ethics Commission has not established a minimum class size for purposes of the class exception analysis. Chair Jones commented that the Commission has approved application of the exception to smaller class sizes. Commissioner Callahan inquired whether the analysis would differ here where the class size is smaller than some of the larger class sizes in prior advisory opinions, but the potential exists for a dramatic impact on the industry in Rhode Island if the legislation passes. In response to Commissioner Peterson, Staff Attorney Radiches explained that application of the class exception requires that the financial impact be the same on all the class members. In further response to Commissioner Peterson, Staff Attorney Radiches informed that the analysis involves whether the degree and nature of the impact on all the class members will be the same. In response to Commissioner Ricci, Staff Attorney Radiches explained that the class exception analysis considers the four criteria described in the draft but also the totality of the circumstances in a given matter. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Ricci, it was

VOTED: To issue an advisory opinion to The Honorable Frank A. Ciccone, III, a legislator serving as a member of the Rhode Island Senate.

AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.

NOES: Christopher P. Callahan.

The next advisory opinion was that of:

Samantha Doyle, a community program liaison worker at the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, Office of Quality Assurance, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from simultaneously working per diem as a Go Team on-call and weekend liaison at Family Service of Rhode Island.

Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. Staff Attorney Popova Papa explained that the Petitioner emailed staff that she received the draft and would follow up with any questions. The Petitioner did not contact Staff Attorney Popova Papa, nor did she return voicemail messages left by Staff Attorney Popova Papa. The Commission agreed to proceed in the Petitioner’s absence.

Commissioner Peterson inquired as to how the Petitioner will know, when she is working, if a call that she receives is from an adolescent with whom she formerly worked. Staff Attorney Popova Papa stated that the Petitioner presumably will know if the caller is someone with whom she worked in her private capacity. In response to Commissioner Cenerini, Staff Attorney Popova Papa informed that the Petitioner is employed by the BHDDH and not by DCYF. Chair Jones inquired whether the Commissioners were comfortable with the information presented or would prefer to continue the matter to a future meeting with the Petitioner in attendance. In response, Commissioner Peterson stated that while she would express her concerns and question the Petitioner directly if she were present, she agrees with proceeding today. Upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was unanimously

VOTED: To issue an advisory opinion to Samantha Doyle, a community program liaison worker at the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, Office of Quality Assurance.

The final advisory opinion was that of:

Kurt Wilcox, a member of the West Greenwich Planning Board, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against appearing before one’s own board for purposes of seeking review and approval of a proposed development plan for a parcel of real property that his company owns in the town.

The Petitioner was not present. Staff Attorney Popova Papa informed that after she emailed a copy of the draft to the Petitioner, the agenda had been published, and copies of the draft had been prepared for today’s meeting, she received an email from the West Greenwich Assistant Town Solicitor notifying her that the Petitioner will be resigning from the Planning Board and wished to have this opinion withdrawn. Staff Attorney Popova Papa deferred to the Commission as to how to proceed. In response to Chair Jones, Staff Attorney Popova Papa stated that she received the Assistant Solicitor’s email regarding the Petitioner’s intent to withdraw the opinion, but she did not communicate directly with the Petitioner. In response to Commissioner Rabideau, Staff Attorney Popova Papa informed that the Assistant Solicitor does not represent the Petitioner. Chair Jones proposed leaving the matter on the agenda as is, postponing it to the next meeting, and waiting to see if the Petitioner formally withdraws his request, at which point the opinion will not appear on the next meeting’s agenda. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Susi, it was

VOTED: To continue the draft advisory opinion for Kurt Wilcox, a member of the West Greenwich Planning Board, to the Ethics Commission’s next meeting.

AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Frank J. Cenerini; Emma L. Peterson; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.

RECUSALS: Christopher P. Callahan.

At 10:03 a.m., upon motion made by Commissioner Ricci and duly seconded by Commissioner Callahan, it was unanimously

VOTED: To go into Executive Session, to wit:

a.) Motion to approve minutes of Executive Session held on April 29, 2025, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

b.) In re: Jonathan Pascua, Complaint No. 2025-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

c.) Motion to return to Open Session.

At 10:20 a.m., the Commission reconvened in Open Session.

The next order of business was:

Motion to seal minutes of May 20, 2025, Executive Session.

Upon motion made by Commissioner Ricci and duly seconded by Commissioner Cenerini, it was unanimously

VOTED: To seal the minutes of Executive Session held on May 20, 2025.

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:

Voted (8-0) to approve the minutes of the Executive Session held on April 29, 2025.

[Reporter’s Note: The vote was as follows:

AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Frank J. Cenerini; Scott P. Rabideau; Hugo L. Ricci, Jr.; Matthew D. Strauss; and Holly J. Susi.

ABSTENTIONS: Emma L. Peterson.]

Unanimously voted (9-0) in the matter of In re: Jonathan Pascua, Complaint No. 2025-2, to initially determine that the Complaint states facts as to the Respondent’s alleged participation in Town Council matters involving access to the Flat River Reservoir and litigation with Soscia Holdings, LLC that, if true, are sufficient to constitute violations 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.
Unanimously voted (9-0) 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 10:23 a.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,

___________________________

Jason Gramitt
Executive Director

[1] Staff Attorney Giusti attended the meeting remotely.