Minutes June 25, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 25, 2024 The Rhode Island Ethics Commission held its 9th meeting of 2024 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 25, 2024, 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, Acting Chair Scott P. Rabideau Holly J. Susi, Secretary Hugo L. Ricci, Jr.* Frank J. Cenerini Matthew D. Strauss Emma L. Peterson The following Commissioner was not present: Marisa A. Quinn, Chair. 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 Acting Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on June 4, 2024. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was unanimously VOTED: To approve the minutes of the Open Session held on June 4, 2024. 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, after which the livestream will be closed while the Commission convenes in Executive Session. He stated that the link for the meeting along with meeting materials are available on the Commission’s website. At the conclusion of Executive Session, the Commission will resume livestreaming in Open Session and report out all actions taken in Executive Session. The report out also will be available on the Commission’s website after the meeting. a.) Complaints and investigations pending There are eight complaints pending, two of which will be initially determined at today’s meeting in Executive Session. b.) Advisory opinions pending There are eight advisory opinions pending, three of which have been noticed for today’s meeting. 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. Five requests related to complaint matters, three related to advisory opinions, two related to financial disclosure, and one request related to a recusal. d.) Financial disclosure Today is the deadline for those individuals who requested 60-day extensions for filing financial disclosure. As of yesterday, 4,060 statements had been filed, and the compliance rate was at 97%, which was slightly higher than the rate at the same time last year. There are currently 120 non-filers. e.) General office administration Executive Director Gramitt introduced Jae DosSantos who will be working at the Commission’s office this summer as part of a fellowship program with the University of Rhode Island. 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. *Commissioner Ricci arrived at 9:07 a.m. Legal Counsel DeSimone informed that the Commission now has eight members, requiring five affirmative votes (a majority) for each advisory opinion to issue. Acting Chair Jones noted that only seven members are present today. The first advisory opinion was that of: Philip L. Hervey, AICP, the Barrington Town Manager, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in the oversight, discussions, and decision-making relative to a redevelopment project in town under circumstances where the only developer to bid on the project initially intended to engage a real estate firm for the marketing and sale of certain real estate units that will be developed under the project and the Petitioner’s spouse is employed by that real estate firm as its office manager. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with the Assistant Solicitor for the Town of Barrington, Amy Goins. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Rabideau, it was unanimously VOTED: To issue an advisory opinion to Philip L. Hervey, AICP, the Barrington Town Manager. The next advisory opinion was that of: Dr. Patrice Milos, a Director of the Rhode Island Life Science Hub, requests an advisory opinion regarding whether she may accept and serve in the position of Interim President of the Life Science Hub until a permanent President/CEO can be found and confirmed by the Rhode Island Senate. Executive Director Gramitt presented the Commission Staff recommendation. The Petitioner was present along with Neil Steinberg, Chair of the Rhode Island Life Science Hub Board of Directors. The Petitioner addressed the Commission and explained the Life Science Hub’s urgent need for an Interim President to start working on the Hub’s goals and strategies, given that the organization only has funding for three years. Mr. Steinberg echoed the Petitioner’s comments, adding that the Life Science Hub’s goals and plans will create jobs and stimulate economic growth in Rhode Island. In response to Commissioner Rabideau, Executive Director Gramitt stated that there is no prohibition on the Governor’s ability to reappoint the Petitioner to the Life Science Hub’s Board of Directors following the hiring of a permanent President/CEO to replace the Petitioner as Interim President. In response to Commissioner Susi, Executive Director Gramitt explained that the Commission considers the extent of a public official’s participation in the hiring or decision-making process when determining whether a substantial hardship exists for the public body seeking to hire the official. He stated that the further removed an official is from the process, the less likely that he/she will have had any involvement in establishing the hiring credentials for the very position for which he/she is applying. In response to Commissioner Susi, the Petitioner represented that she assisted in drafting the search and hiring requirements for the permanent President/CEO position, but she did not and will not apply for it. In response to Commissioner Cenerini, the Petitioner informed that $45 million in funding has been approved for the Life Science Hub. Mr. Steinberg stated that the funding is approved through the end of calendar year 2026. In response to Commissioner Cenerini, the Petitioner represented that she will be stepping down from her role as chair of a life science trade association but remaining a member of it. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Dr. Patrice Milos, a Director of the Rhode Island Life Science Hub. The final advisory opinion was that of: Scott Millar, a member of the Exeter Planning Board, requests an advisory opinion regarding whether the Code of Ethics permits him to continue drafting proposed amendments and later participate in discussions and decision-making relative to the potential amendment of the Exeter Rural Residential Compound ordinance, given that the ordinance applies to his property. 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 Peterson and duly seconded by Commissioner Rabideau, it was unanimously VOTED: To issue an advisory opinion to Scott Millar, a member of the Exeter Planning Board. At 9:43 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on June 4, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(1), (2) & (4). b.) In re: Scott Millar, Complaint No. 2024-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Wayne Salisbury, Complaint No. 2024-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. Executive Director Gramitt reminded all in attendance that the Open Session portion of the livestream meeting will close for Executive Session and will be reactivated for Open Session after Executive Session concludes. At 10:05 a.m., the Commission reconvened in Open Session. The livestream of the meeting resumed. The next order of business was: Motion to seal minutes of Executive Session held on June 25, 2024. Upon motion made by Commissioner Susi and duly seconded by Commissioner Ricci, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 25, 2024. The next order of business was: Report on actions taken in Executive Session. Acting Chair Jones reported that the Commission took the following actions in Executive Session: Unanimously voted (7-0) to approve the minutes of the Executive Session held on June 4, 2024. Unanimously voted (7-0) in the matter of In re: Scott Millar, Complaint No. 2024-8, 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 (7-0) in the matter of In re: Wayne Salisbury, Complaint No. 2024-9, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of Regulation 4.12 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. 4. Unanimously voted (7-0) 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 10:09 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Peterson, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary