Minutes 6-10-25
MINUTES OF THE OPEN SESSION
OF THE RHODE ISLAND ETHICS COMMISSION
June 10, 2025
The Rhode Island Ethics Commission held its 9th 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, June 10, 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
Dr. Michael Browner, Jr. Scott P. Rabideau
Christopher P. Callahan Hugo L. Ricci, Jr.
The following Commissioner was not present: Matthew D. Strauss.
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 9:00 a.m., the Chair opened the meeting.
The first order of business was:
Approval of minutes of the Open Session held on May 20, 2025.
Upon motion made by Commissioner Rabideau and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To approve the minutes of the Open Session held on May 20, 2025.
The next order of business was:
Director’s Report: Status report and updates.
a.) Complaints and investigations pending
There are four complaints pending. Executive Director Gramitt informed that a status conference in the matter of In re: James Thorsen is scheduled for today in open session. With respect to In re: Heidi Weston Rogers, respective counsel are still discussing a resolution or a possible adjudication date. The matters of In re: Jason Licciardi and In re: Jonathan Pascua are both under active investigation.
b.) Advisory opinions pending
There are seven advisory opinions pending, two of which have been noticed for today’s meeting.
c.) Access to Public Records Act requests since last meeting
There were seven APRA requests received since the last meeting, all of which were granted within one business day. Five related to advisory opinions, one related to a complaint, and one related to financial disclosure statements.
d.) Financial disclosure
Executive Director Gramitt stated that approximately 4,200 financial disclosure filings have been received, and only 41 non-filers remain, bringing the compliance rate to 99%. He informed that an additional 22 persons received filing extensions through June 24, 2025. Executive Director Gramitt further informed that the 41 non-filers consist of: 53% municipal officials; 27% charter school board members; 16% state boards, commissions, and decision-makers; and four percent fire districts. He stated that after the June 24, 2025, filing deadline expires, the staff will initiate complaints against all remaining non-filers.
e.) General office administration
Executive Director Gramitt informed that the next meeting will be held on July 1, 2025. He introduced the Commission’s summer intern and URI fellow, Danny Barbosa.
f.) Legislative Update: Discussion of 2025 House Bill 6166
Executive Director Gramitt informed of new developments with House Bill 6166, one of two recent bills introduced by the legislature and discussed at a prior Commission meeting. House Bill 6166, introduced by Representatives Tanzi and Ajello, would define sexual harassment committed by legislators and legislative employees, interns, pages, and lobbyists. Executive Director Gramitt explained that the bill names the Ethics Commission as the investigative and adjudicative body for these types of sexual harassment claims. At the request of Representative Tanzi, and after conferring with Chair Jones, Executive Director Gramitt attended and testified at last week’s hearing. Executive Director Gramitt explained to the Commission that the bill’s drafters and those assisting its sponsors named the Ethics Commission as the public body to handle these cases based on their belief that only the Ethics Commission can investigate members of the General Assembly based on constitutional legislative immunity, particularly the Speech in Debate Clause, which was at issue in the Irons case. Through his testimony, Executive Director Gramitt explained that the 2016 amendment to the state’s constitution clarified that the Ethics Commission has the authority to investigate legislators notwithstanding the Speech in Debate Clause, but he disagreed that the Ethics Commission is the only public body that can investigate members of the General Assembly. Executive Director Gramitt explained that there are other illegal activities, for example bribery or sexual harassment, that do not fall under the Code of Ethics and are not protected under the Speech in Debate Clause. He stated that the Human Rights Commission already has jurisdiction over sexual harassment/discrimination claims and appears to be the logical public body to handle claims against legislators and legislative employees/members. Executive Director Gramitt expressed his sentiment that the testimony in support of the bill was moving and that persons who believe they have been victims of sexual harassment feel that they have no recourse to lodge their claims. He informed that the bill is being held for further study and that there is no Senate companion bill.
Commissioner Susi commented that she had an opportunity to listen to the hearing and complimented Executive Director Gramitt on his sensitive handling of Representative Tanzi’s concerns on this important issue.
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 Valarie J. Lawson, a legislator serving as a member of the Rhode Island Senate, who in her private capacity is the president of the National Education Association of Rhode Island (NEARI), a non-profit labor organization, requests an advisory opinion regarding whether, under the Code of Ethics, her recent election to the position of Senate President creates a conflict of interest, per se, given her private position as NEARI president, prohibiting her from simultaneously serving in both positions.
Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with Nicole Benjamin, Esq. Commissioner Cenerini inquired as to whether the issue raised on page four of the Petitioner’s request letter, that the Code of Ethics may not infringe upon either the legislative or executive powers, has been addressed in earlier Ethics Commission decisions, and whether the Rhode Island Supreme Court’s 2016 decision vitiated the lines of cases cited in the Petitioner’s letter. Executive Director Gramitt stated that he is familiar with the cases in which the Court has held that the Ethics Commission cannot impinge upon the separation-of-powers principles. He noted that the Court also has held that the Commission has some aspects of all three branches of government, but it does not seriously impinge upon the powers of the other branches in its exercise of those powers. In response to Commissioner Cenerini, Executive Director Gramitt stated that there have been no Superior or Supreme Court cases since the 2016 constitutional amendments addressing the Commission’s authority over legislators.
Commissioner Cenerini requested that Attorney Benjamin address the same issue regarding the effect of the Supreme Court’s decision in the cases cited in the Petitioner’s letter. Attorney Benjamin stated that their position is that the Code of Ethics applies here and governs the definition of a conflict as opposed to looking to some other construction or interpretation of what is a conflict. She argued that the Code specifies and governs what circumstances constitute a conflict and not some general perception that a public official’s private position necessarily creates a conflict that is not so defined under the Code.
In response to Commissioner Callahan, Staff Attorney Popova Papa explained that the Petitioner is required to recuse also from providing testimony as Senate President before any legislative committees in matters that will directly financially impact a business associate or her employer. In response to Commissioner Cenerini, Legal Counsel DeSimone informed that the Petitioner may provide comments before a committee under the public forum exception, during a period in which members of the public may speak, provided that neither she nor her employer is a party or participant in the matter. Legal Counsel DeSimone stated that this exception differs from testifying before a committee from which the Petitioner must recuse.
Commissioner Ricci expressed concern over the amount of power with which the Petitioner’s public position is vested and inquired whether research of how other jurisdictions handle such matters might be helpful. Staff Attorney Popova Papa stated that she relied solely on our state’s Code of Ethics. She further stated that the question presented today focuses on whether the Petitioner’s new public position presents a per se conflict with her private position under the Code, which it does not. Staff Attorney Popova Papa further explained that the Petitioner’s particular powers in her leadership role may become more relevant in specific circumstances that arise in the future. Commissioner Ricci expressed further concern with the Petitioner’s vast powers as Senate President and inquired as to her opinion regarding former Senate President Ruggerio’s actions upon becoming Senate President. Chair Jones interjected, stating that the Commission does not have the factual details to which Commissioner Ricci was referring nor does it know whether the Petitioner has any details. Legal Counsel DeSimone informed that this is not an investigative proceeding and that advisory opinions are based on the facts as represented by a given petitioner. Chair Jones commented that the Petitioner’s opinion of the former Senate President’s decisions is not before the Commission. He explained that the Commission previously contemplated whether to examine the fines assessed in financial disclosure cases in other jurisdictions only to obtain an idea of the range of those fines and not the basis. Chair Jones added that, here, the Petitioner has represented in her request letter that she appropriately will recuse from matters involving her business associates. In response to Chair Jones, Attorney Benjamin stated that the Petitioner is a part-time legislator and that the Code of Ethics’ recusal requirements apply equally to those in leadership roles and to members at large within a public body. Commissioner Cenerini commented that the discussion is straying from the central issues in this case. Commissioner Rabideau concurred and stated that the General Assembly has decided to allow for part-time legislators, and the staff has worked within the parameters of the Code of Ethics in this opinion.
Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Susi to issue an advisory opinion, Commissioner Ricci moved for a separate motion to require further research by the staff, which motion was not seconded. As to the first motion, it was
VOTED: To issue an advisory opinion to the Honorable Valarie J. Lawson, a legislator serving as a member of the Rhode Island Senate, who in her private capacity is the president of the National Education Association of Rhode Island (NEARI), a non-profit labor organization.
AYES: Lauren E. Jones; Dr. Michael Browner, Jr.; Christopher P. Callahan; Frank J. Cenerini; Emma L. Peterson; Scott P. Rabideau; and Holly J. Susi.
NOES: Hugo L. Ricci, Jr.
The motion carried and the advisory opinion issued.
The next advisory opinion was that of:
Lawrence Mandel, a former member of the North Kingstown Town Council, requests an advisory opinion regarding whether he may apply for and, if offered, accept an appointment to serve as a member of the North Kingstown Planning Commission, an unpaid municipal position, prior to the expiration of one year following the Petitioner’s severance from his position as a town council member.
Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Ricci and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To issue an advisory opinion to Lawrence Mandel, a former member of the North Kingstown Town Council.
The next order of business was:
Status Conference In re: James E. Thorsen, Complaint No. 2023-7.
Commission Chief Prosecutor Gramitt informed that he met with the Respondent’s counsel, Kevin J. Bristow, Esq., this morning. Attorney Bristow addressed the Commission and explained the delays in the case, which included dealing with out-of-state legal counsel for subpoenas for depositions and production of documents. He informed that there had been discussion about producing affidavits in lieu of conducting depositions but that did not come to fruition. Attorney Bristow stated that depositions have been scheduled for June 20, 2025, pending Chief Prosecutor Gramitt’s availability, but also informed that he is awaiting production of documents which he expects to receive before the depositions take place. Attorney Bristow commented that the Commission’s request for today’s status conference has helped to move things forward. Chair Jones stated that he will confer with Executive Director Gramitt as to the general process, not specific to this case, that required a subpoena authorized by the Ethics Commission to be approved by the Superior Court. Commission Chief Prosecutor Gramitt commented that the attorneys will continue to work in good faith regarding the deposition schedule.
The next order of business was:
Discussion of rulemaking timeline: 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.
Executive Director Gramitt informed that at this stage of the rulemaking process, the Commission must choose a hearing date and then written notice soliciting written or oral public comments must be provided at least 30 days before the hearing date. He further informed that notice will be provided to anyone interested in providing comment, including the General Assembly for distribution to all its members. Executive Director Gramitt stated that notice also will be provided to all 39 cities and towns for distribution to their officials and requesting that each municipality post the notice. He explained that the staff also maintains a list of people and groups that have shown interest in the Commission’s work in the past, including good government groups, the ACLU, the media, and legal counsel for different state boards. Executive Director Gramitt stated that the staff also may utilize the email addresses of financial disclosure filers. He informed that the email addresses are used sparingly, such as for reminder notices, but also can be used for providing notice of rulemaking. Executive Director Gramitt stated that the electronic written comments received will be made available to the Commissioners in advance of the hearing and will be made available to the public. He stated that those interested in providing oral comments will have an opportunity to do so at the hearing.
Executive Director Gramitt suggested that the Commission set a hearing date. He informed of the next few Commission meeting dates and that this item will be noticed on the agenda for one of those dates. In response to Chair Jones, Executive Director Gramitt stated that the staff will reach out to the Secretary of State’s office for a list of the 2025 registered lobbyists for purposes of providing notice. Commissioner Cenerini requested that the public notice make clear that the discussions relating to rulemaking will address non-profits. Chair Jones authorized Executive Director Gramitt to consult with Commissioner Cenerini with any concerns in drafting the notice. Discussion ensued regarding a hearing date, and the consensus was for September 9, 2025. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To hold a public hearing on the rulemaking process on September 9, 2025, at the Commission’s regular meeting.
At 10:07 a.m., upon motion made by Commissioner Susi and duly seconded by Dr. Michael Browner, Jr., it was unanimously
VOTED: To go into Executive Session, to wit:
a.) Motion to approve minutes of Executive Session held on May 20, 2025, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).
b.) Annual discussion and review re: Legal Counsel’s contract pursuant to R.I. Gen. Laws § 42-46-5(a)(1).
c.) Motion to return to Open Session.
At 10:33 a.m., the Commission reconvened in Open Session and Legal Counsel DeSimone rejoined the meeting.
The next order of business was:
Motion to seal minutes of June 10, 2025, Executive Session.
Upon motion made by Commissioner Ricci and duly seconded by Commissioner Rabideau, it was unanimously
VOTED: To seal the minutes of Executive Session held on June 10, 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:
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Unanimously voted (8-0) to approve the minutes of the Executive Session held on May 20, 2025.
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Annual discussion and review re: Legal Counsel’s contract. No action was taken.
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Unanimously voted (8-0) to return to Open Session.
The next order of business was:
Annual Discussion and potential vote re: Legal Counsel’s contract.
Upon motion made by Commissioner Ricci and duly seconded by Commissioner Susi, it was unanimously
VOTED: To renew the contract for legal services for the period of July 1, 2025, through June 30, 2026, with Legal Counsel DeSimone under the current terms.
Chair Jones extended his personal gratitude to Legal Counsel DeSimone for all his work each year and for ensuring that he has had all the applicable materials he needs to conduct the meetings.
The next order of business was:
New Business proposed for future Commission agendas and
general comments from the Commission.
Commissioner Cenerini requested an update, through the Executive Director, of the responsibilities of the Secretary of State’s office as the supervisory authority of lobbyists in this state, as this information may have relevance to the Commission’s future endeavors with respect to the rulemaking process and as an informational item. He further requested an update regarding Common Cause’s complaint against an unregistered lobbyist (ILO matter). Chair Jones noted that Commissioner Cenerini’s request for an update does not require a motion or a vote by the Commission but will be an item posted on a future agenda.
At 10:38 a.m., upon motion made by Commissioner Ricci and duly seconded by Commissioner Callahan, it was unanimously
VOTED: To adjourn the meeting.
Respectfully submitted,
___________________________
Jason Gramitt
Executive Director