Minutes 6-27-23 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 27, 2023 The Rhode Island Ethics Commission held its 6th meeting of 2023 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 27, 2023, 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 Emma L. Peterson Arianne Corrente, Vice Chair * Matthew D. Strauss Lauren E. Jones Holly J. Susi 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 Attorney 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 16, 2023. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was VOTED: To approve the minutes of the Open Session held on April 4, 2023. AYES: Marisa A. Quinn; Lauren E. Jones; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Emma L. Peterson. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt noted that today the Commission is conducting its first livestreamed meeting. Links to access meetings will be posted on the agendas, which will be available on the Commission’s website, along with meeting materials, prior to the meetings. Executive Director Gramitt noted that only the Open Session will be livestreamed, but a written report of actions taken in Executive Session will be posted on the website after the meeting concludes. a.) Complaints and investigations pending There are five complaints pending, all of which are noticed for initial determination today in Executive Session. b.) Advisory opinions pending There are nine 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 12 APRA requests received since the last meeting, all of which were granted within one business day. One request related to financial disclosure, four requests related to advisory opinions, and seven related to complaint matters. d.) Financial Disclosure The staff has received and processed 4,146 financial statements since April and the compliance rate is 97 percent, which is significantly higher than it has been at this time in prior years. Approximately 140 individuals still have not filed the 2022 Financial Statement. e.) Legislative Update (2023 Senate Bill 1135) A bill that would amend the financial disclosure requirements to require disclosure of credit card debt that results in entry of a default judgment initially passed the House but did not pass the Senate. Senate Majority Leader Pearson subsequently introduced an identical bill that did pass both the House and Senate and was signed into law by the Governor. Executive Director Gramitt informed that the legislation would require a minor change to next year’s financial disclosure form. f.) Ethics Administration/Office and Education Updates Executive Director Gramitt informed that the staff is working with DOIT on development of a new case management system for complaints and recusals. With respect to recusals, Phase I of the project will address digitally managing recusals filed with the Commission and Phase II will allow for online public access. Executive Director Gramitt introduced Colin Murphy, who will be working at the Commission this summer as a Research Fellow with URI’s John Hazen White, Sr. Center for Ethics and Public Service. In response to Chair Quinn, Executive Director Gramitt stated that there is no way to determine how many other agencies are livestreaming their meetings other than to look at their individual agendas. He indicated that most are not doing so and suggested that there needs to be a statewide solution to implement livestreaming for public bodies and ensure that agencies are doing so in the most cost-effective manner. In further response to Chair Quinn, Executive Director Gramitt stated that he has nothing new to report regarding the existing vacancies on the Commission. He noted that one of the three vacancies, a direct appointment, dates back to 2021. He represented that he is in regular and frequent contact with both the Governor’s Director of Appointments and the Governor’s Executive Counsel, and he has received assurances that they are working on it. Executive Director Gramitt also stated that he has been in contact with the House Majority and Minor Leaders and has received similar assurances. The next order of business was: Election of Commission Secretary. Chair Quinn stated that Commissioner Susi has indicated her willingness to serve as Secretary. Upon motion made by Chair Quinn and duly seconded by Commissioner Jones, it was unanimously VOTED: To elect Holly J. Susi as Commission Secretary. 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 final advisory opinion was that of: The Honorable Michelle McGaw, 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 voting on proposed legislation that would limit the renewal fee for a pharmacist license to $250 biennially, given that the Petitioner is a pharmacist who would be impacted by the legislation. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Radiches explained that the Petitioner received a letter of safe harbor from the Executive Director regarding her participation in the General Assembly’s consideration of the subject legislation, which has since passed. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to the Honorable Michelle McGaw, a member of the Rhode Island House of Representatives. The next advisory opinion was that of: Jonathan Womer, who has been nominated by the Governor for appointment to the position of Director of the Rhode Island Department of Administration, requests an advisory opinion regarding whether the proposed supervisory chain of command is sufficient to insulate him from conflicts of interest arising out of his anticipated position, given that his spouse is employed by the same state agency as an analyst in the Office of Regulatory Reform. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present but had consented to the Commission proceeding in his absence. In response to Commissioner Jones, Staff Attorney Popova Papa confirmed that the Petitioner accepts the recommendation of the draft opinion. In response to Chair Quinn, Staff Attorney Popova Papa represented that she will inform the Petitioner that individuals within the Department of Administration should be made aware of the alternate chain of command. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Jonathan Womer, who has been nominated by the Governor for appointment to the position of Director of the Rhode Island Department of Administration. At 9:22 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on May 16, 2023, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: K. Joseph Shekarchi, Complaint No. 2023-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Frank Brown, Jr., Complaint No. 2023-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Denise Brown, Complaint No. 2023-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: David Patten, Complaint No. 2023-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) In re: James E. Thorsen, Complaint No. 2023-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). g.) Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). h.) Motion to return to Open Session. At 10:22 a.m., the Commission reconvened in Open Session. Commissioner Corrente arrived at 9:50 a.m. during Executive Session.* The next order of business was: Motion to seal minutes of Executive Session held on June 27, 2023. 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 June 27, 2023. 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: Unanimously voted (4-0) to approve the minutes of the Executive Session held on May 16, 2023. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Lauren E. Jones; Matthew D. Strauss; and Holly J. Susi. ABSTENTION: Emma L. Peterson. Unanimously voted (5-0) in the matter of In re: Frank Brown, Jr., Complaint No. 2023-4, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and Financial Disclosure Mandate and to authorize an investigation. Unanimously voted (5-0) in the matter of In re: Denise Brown, Complaint No. 2023-5, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and Financial Disclosure Mandate and to authorize an investigation. Unanimously voted (6-0) in the matter of In re: David Patten, Complaint No. 2023-6, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and to authorize an investigation. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. Unanimously voted (6-0) in the matter of In re: James E. Thorsen, Complaint No. 2023-7, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and to authorize an investigation. Unanimously voted (5-0) in the matter of In re: K. Joseph Shekarchi, Complaint No. 2023-3, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Code of Ethics and to authorize an investigation. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Arianne Corrente; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. RECUSAL: Lauren E. Jones. The Commission did not review or consider a Motion to Dismiss filed by the Respondent because, pursuant to 520-RICR-00-00-3.8 Initial Determination of Complaint (1003), its review at initial determination is limited to the facts alleged within the four corners of the Complaint. The motion will be scheduled for hearing at a later date. Annual discussion and review re: Legal Counsel’s contract. No action was taken. Unanimously voted (6-0) to return to Open Session. With regard to all of the foregoing Complaint matters, 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. The next order of business was: Annual discussion and potential vote re: Legal Counsel’s contract. Chair Quinn expressed the Commission’s gratitude for Legal Counsel DeSimone’s valuable service. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To direct the Executive Director to execute a contract with Legal Counsel DeSimone for the next year under the same terms as his current contract. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There were none. At 10:30 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Jason Gramitt Executive Director