Minutes 5-5-26

MINUTES OF THE OPEN SESSION

OF THE RHODE ISLAND ETHICS COMMISSION

May 5, 2026

The Rhode Island Ethics Commission held its 7^th meeting of 2026 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 5, 2026, 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

Emma L. Peterson, Secretary Hugo L. Ricci, Jr.

Dr. Michael Browner, Jr. Matthew D. Strauss

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 and Teodora Popova Papa; and Commission Investigators Peter J. Mancini, Gary V. Petrarca, and Kevin Santurri.

The first order of business was:

Approval of minutes of the Open Session held on April 14, 2026.

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

VOTED: To approve the minutes of the Open Session held on April 14, 2026.

AYES: Lauren E. Jones; Michael Browner, Jr.;Christopher P. Callahan; Scott P. Rabideau; Matthew D. Strauss; and Holly J. Susi.

ABSTENTIONS: Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss.

The next order of business was:

Director’s Report: Status report and updates.

Complaints and investigations pending

Executive Director Gramitt informed that the Commission’s decision in the Thorsen case is currently being drafted and will be circulated to the Commissioners upon its completion.
Advisory opinions pending

There are nine advisory opinions pending, six of which have been noticed for today’s meeting.
Access to Public Records Act requests since last meeting

There were nine APRA requests received since the last meeting, eight of which were granted within one business day and one that required additional time, given that the request was complex and vague and required clarification from the requester. Executive Director Gramitt informed that five requests related to advisory opinions, two related to recusal forms, one related to financial disclosure extensions, and one related to multiple categories for which only certain financial disclosure statements were responsive.
Financial disclosure

The deadline for filing the 2025 financial statements has passed unless individuals requested extensions. Executive Director Gramitt informed that reminder emails will be sent this Friday to those who have not filed yet. He also informed that the Commission investigators will be initiating phone calls to municipal clerks, charter school administrators, and fire district administrators to remind their non-filers to file. Executive Director Gramitt stated that the compliance rate as of today is 86%, which is typical for this time of year.
General office administration

The Commission’s next meeting is scheduled for June 2, 2026.

Executive Director Gramitt stated that the declaration of candidacy period is June 22-24, 2026, and approximately 500 additional financial disclosure filings are expected in July. Executive Director Gramitt informed that an updated version of the Code of Ethics has been provided to each Commissioner. This version includes the new gift rules that the Commission enacted last year as well as revisions made to correct certain typographical/technical, non-substantive issues that Staff Attorney Popova Papa discovered in her review of the Code.

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:

Doug McLean, AICP, the director of planning and development for the Town of Coventry, who in his private capacity works as a planning consultant, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from continuing to: (1) perform his official duties relating to the appeal of a recent planning board decision approving an application for the Village at Tiogue; and/or (2) work in his private capacity as a planning consultant.

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

VOTED: To issue an advisory opinion to Doug McLean, AICP, the director of planning and development for the Town of Coventry, who in his private capacity works as a planning consultant.

The next advisory opinion was that of:

Shannah Kurland, Esq., a new board member of the Providence External Review Authority (PERA), who in her private capacity is a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police Department and its officers, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from serving on PERA, given her private employment.

Staff Attorney Radiches informed that the Petitioner was before the Commission at its March 24, 2026, meeting, but no advisory opinion issued given that neither Option A nor Option B in the original draft received the minimum required votes. Staff Attorney Radiches presented the Commission Staff alternative recommendations. The Petitioner was present. If adopted, the first recommendation would not prohibit the Petitioner from serving on PERA, while the second recommendation would prohibit the Petitioner from serving on PERA.

In response to Commissioner Callahan, the Petitioner explained that mandatory service hours as a PERA Board member include one meeting of one to three hours per month and some voluntary activities of approximately two to ten hours. Commissioner Callahan expressed concern over the appearance of an impartial PERA panel given that the primary employment of one of its members is to pursue civil litigation against Providence police officers. Staff Attorney Radiches stated that the Ethics Commission embraces the R.I. Constitution’s goal of avoiding any appearance of impropriety on the part of public servants. She noted, however, that taking official action that gives rise to the appearance of impropriety does not, by itself, violate the Code of Ethics. Commissioner Callahan qualified his concern as one relating to fundamental fairness. Staff Attorney Radiches stated that Commissioner Callahan’s concern is closely related to the concern of the potential impairment of one’s independence of judgment which is measured by objective criteria including, but not limited to, the nexus between the public official’s public and private duties, and whether the official’s private work falls outside the area over which the official exercises jurisdiction in her public role. Commissioner Browner stated his concern that Option A in the draft would result in the Petitioner returning to the Commission every time a question or issue arises, which could be fairly often.

In response to Commissioner Cenerini, the Petitioner informed that approximately two-thirds, or eight, of her private cases involve Providence. Commissioner Cenerini stated that he would have less concern if the Petitioner had no cases involving Providence. The Petitioner explained that her civil litigation cases and those that go before PERA have different tracks. In response to Commissioner Ricci, the Petitioner stated that she applied for the position as a PERA Board member. Commissioner Ricci expressed that he was troubled by the Petitioner seeking this position. He commented that, if permitted to serve on the Board, the Petitioner could advertise her PERA Board membership which would be advantageous to her firm. The Petitioner responded that police misconduct cases are not profitable and that she decided to join PERA given her institutional knowledge and experience. Commissioner Peterson noted that the difference between the Petitioner and the police officers serving on the PERA Board is that those officers are retired whereas the Petitioner wishes to continue her private work. Commissioner Peterson stated that the nexus between the Petitioner’s public and private roles is too close. Commissioner Peterson noted that witnesses and victims’ family members, in addition to the victims themselves who become the Petitioner’s clients, could file PERA complaints thereby broadening the group of individuals that could create conflicts for the Petitioner and result in frequent recusals on her part. In response to Commissioner Susi, the Petitioner stated that PERA’s subpoena power comes through the City Council unless there has been an amendment to the City’s ordinance. In further response to Commissioner Susi, the Petitioner represented that, consistent with Chair Jones’ advice at the March 24, 2026, meeting, she would not counsel her new clients against duplicating their civil litigation efforts by filing a complaint with PERA.

Commissioner Strauss commented that he is concerned with the appearance of impropriety issues including the conditions which the Petitioner would be required to follow and the anticipated frequency of her recusals. Commissioner Susi noted that footnote three on page two of the draft provides that PERA has full subpoena power. Commissioner Strauss further commented that legal counsel for the defendants/police officers might question the Petitioner’s role on PERA and attempt to use it against her. The Petitioner stated that the main opposition to her service on the PERA Board comes from the mayor’s office. Chair Jones expressed his concern over the close nexus between her public and private roles and her participation as a PERA Board member in recommending policy changes that could have an impact on a private client in the future.

Chair Jones asked for a motion to approve and issue the advisory opinion Option A that the Petitioner is not prohibited by the Code of Ethics from serving on the Board of PERA, notwithstanding her private employment as a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police Department and its officers. No motion was made.

Chair Jones turned the Commission’s attention to Option B in the draft, that the Petitioner is prohibited by the Code of Ethics from serving on the Board of PERA, given her private employment as a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police Department and its officers. Upon motion made by Commissioner Browner and duly seconded by Commissioner Cenerini, it was unanimously

VOTED: To approve and issue an advisory opinion as to Option B as represented therein to Shannah Kurland, Esq., a new board member of the Providence External Review Authority (PERA), who in her private capacity is a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police Department and its officers.

The Petitioner addressed the Commission confirming that this was an advisory opinion and not an order not to proceed, and that the opinion affords her no protection if she were to proceed and there is a violation of the Code.

The next advisory opinion was that of:

Anthony M. Pompei, P.E., PMP, an assistant director for administrative services at the Rhode Island Department of Transportation, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in the selection of a construction company to provide construction phase services on a bridge project and, potentially, from all other matters concerning the selected company for the duration of the project, given that his spouse’s first cousin is employed by one of the companies that submitted a bid on the project.

Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches informed that the Petitioner received safe harbor protection at the time that the draft opinion was completed and sent to him pending the Commission’s review and vote on the opinion today. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Callahan, it was unanimously

VOTED: To issue an advisory opinion to Anthony M. Pompei, P.E., PMP, an assistant director for administrative services at the Rhode Island Department of Transportation.

The next advisory opinion was that of:

Charles R. Roberts, a member of the Middletown Town Council, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in town council discussions and decision-making, as described herein, regarding the potential regionalization of the Middletown School District with the Newport School District, given that his brother-in-law is the chairperson of the Newport School Committee.

Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner informed the Commission that the Town Council will not be voting on the potential regionalization but only to turn the matter over to the voters. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was unanimously

VOTED: To issue an advisory opinion to Charles R. Roberts, a member of the Middletown Town Council.

The next advisory opinion was that of:

Richard Berlinsky, an alternate member of the Newport Zoning Board of Review, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before his own municipal agency in order to seek a dimensional variance which will allow him to construct a second-floor deck at his personal residence.

Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. Staff Attorney Popova Papa informed of a correction that will be made to the citation at the top of page four of the draft which should read “§ 36-14-5(e)(1)(i-iii).” In response to Chair Jones, Executive Director Gramitt requested that the Commission treat the edit as a typographical correction as opposed to an amendment. Upon motion made by Commissioner Callahan and duly seconded by Commissioner Susi, it was unanimously

VOTED: To issue an advisory opinion to Richard Berlinsky, an alternate member of the Newport Zoning Board of Review.

The final advisory opinion was that of:

Stephen B. Huttler, a member of the Middletown Planning Board, who in his private capacity is a member of the Aquidneck Island Land Trust Board of Trustees, a private non-profit organization, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in planning board discussions and decision-making relating to the application for a master plan approval for a major land development project involving property that is a subject to a conservation easement in favor of the land trust and given that the applicant and the Petitioner are acquaintances.

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 Rabideau and duly seconded by Commissioner Callahan, it was unanimously

VOTED: To issue an advisory opinion to Stephen B. Huttler, a member of the Middletown Planning Board, who in his private capacity is a member of the Aquidneck Island Land Trust Board of Trustees, a private non-profit organization.

At 10:35 a.m., upon motion made by Commissioner Callahan and duly seconded by Commissioner Peterson, it was unanimously

VOTED: To go into Executive Session, to wit:

a.) Motion to approve minutes of Executive Session held on April 14, 2026, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

b.) Motion to return to Open Session.

At 10:38 a.m., the Commission reconvened in Open Session.

The next order of business was:

Motion to seal minutes of May 5, 2026, Executive Session.

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

VOTED: To seal the minutes of Executive Session held on May 5, 2026.

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 (6-0) to approve the minutes of the Executive Session held on April 14, 2026.

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

AYES: Lauren E. Jones; Michael Browner, Jr.; Christopher P. Callahan; Frank J. Cenerini; Scott P. Rabideau; and Holly J. Susi.

ABSTENTIONS: Emma L. Peterson; Hugo L. Ricci, Jr.; and Matthew D. Strauss.]

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.

Chair Jones commended Staff Attorneys Popova Papa and Radiches for their fine presentations.

At 10:42 a.m., upon motion made by Commissioner Browner and duly seconded by Commissioner Callahan, it was unanimously

VOTED: To adjourn the meeting.

Respectfully submitted,

___________________________

Emma L. Peterson

Secretary