Minutes 6-28-22

MINUTES OF THE OPEN SESSION

OF THE RHODE ISLAND ETHICS COMMISSION

June 28, 2022

             The Rhode Island Ethics Commission held its 8th meeting of 2022 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 28, 2022, 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                                  Lauren E. Jones

Arianne Corrente, Vice Chair                         Matthew D. Strauss

Kyle P. Palumbo, Secretary                           

            The following Commissioner was not present: 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 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 Chair opened the meeting. 

The first order of business was:

Approval of minutes of the Open Session held on June 7, 2022.

Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously

VOTED:         To approve the minutes of the Open Session held on June 7, 2022.

The next order of business was:

Director’s Report: Status report and updates.

a.) Complaints and investigations pending

There are four complaints pending, three of which are under investigation and one of which has been noticed for an initial determination today in Executive Session.  Executive Director Gramitt stated that the preliminary investigation is pending, and he expects to file a report with the Commission before the next meeting. 

b.) Advisory opinions pending

There are three 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 no APRA requests received since the last meeting. 

d.) 2021 Financial Disclosure

Executive Director Gramitt stated that the 60-day extension period expires today, and email reminders have been sent to those who requested extensions. 

Executive Director Gramitt informed that this is candidate declaration week and candidates have 30 days from their date of declaration to file financial disclosure statements.  He stated that many have already filed.  In response to Commissioner Jones, Executive Director Gramitt explained that incumbents who have already filed do not need to file again as candidates. 

Executive Director Gramitt stated that there are 154 non-filers as of today, which is the same number of non-filers on this same date in 2021.  He further stated that the Commission is moving into the enforcement phase of financial disclosure.

e.) Ethics Administration/Office and Education Updates

Executive Director Gramitt informed that the Commission’s office has a new summer research fellow through the URI fellowship program, Violet Johnson.  She has been assisting with the Advisory Opinion Digest, the Annual Report, and will assist with financial disclosure. 

f.) Legislative Update

In response to Commissioner Jones, Executive Director Gramitt informed that there have been no legislative changes to the Open Meetings Act to allow for fully remote public meetings or to allow remote participation by board members.  He noted that the Act does allow for live streaming and remote participation by non-board member participants and members of the public, but that this sort of hybrid meeting is complicated and expensive in that it requires additional personnel, video cameras, microphones, and a video monitor in the board room.  Given the expense involved, moving toward hybrid meetings should be a state-wide decision and effort that takes advantage of purchasing economies of scale. 

In response to Chair Quinn, Executive Director Gramitt explained that the moratorium for filing complaints takes effect 90 days before the election date this year.  He stated that the moratorium does not apply to staff-initiated complaints but only to complaints filed by members of the public.

            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:

Ernest Almonte, former Chief of Staff to the Lieutenant Governor of the State of Rhode Island and former Interim Chief Financial Officer for the Rhode Island Department of Health, requests an advisory opinion seeking guidance on the application of the revolving door provisions of the Code of Ethics relative to his ability to represent the Rhode Island League of Cities and Towns, a private non-profit organization for which he is the Executive Director, before the Rhode Island General Assembly, the Governor’s Office, and the various State Departments. 

Staff Attorney Popova Papa presented the Commission Staff recommendation.  The Petitioner was present.  In response to Chair Quinn, the Petitioner stated that the opinion does not put him at a disadvantage.  He inquired of the Commission as to whether he may provide coaching assistance to the new CFO based on the guidance set forth in the opinion.  Some discussion ensued as to whether such assistance would constitute an appearance or representation of the Petitioner before his own agency for purposes of the Code.  Chair Quinn stated that the Petitioner’s inquiry presents a separate issue not addressed by this advisory opinion.  In response to Chair Quinn, the Petitioner represented that any matter that arises related to the Department of Health can be referred to the former Executive Director of the League.  Executive Director Gramitt stated that if any such matter arises, the Petitioner should contact Staff Attorney Popova Papa for further guidance.  In response to Chair Quinn, Staff Attorney Popova Papa stated that the revolving door provisions at issue here apply to the office of the Lt. Governor and not to the Lt. Governor herself.  Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously

VOTED:         To issue an advisory opinion to Ernest Almonte, former Chief of Staff to the Lieutenant Governor of the State of Rhode Island and former Interim Chief Financial Officer for the Rhode Island Department of Health. 

The final advisory opinion was that of:

Diane Harrison, a member of the Jamestown Planning Commission, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in Planning Commission discussions and voting relative to a proposed plan to develop affordable housing units in the Town of Jamestown, given that authorized representatives of the Conanicut Island Land Trust, a private organization for which the Petitioner previously performed paid work but currently provides volunteer services, are expected to provide comment on the proposed plan during public hearings of the Planning Commission.   

Staff Attorney Radiches presented the Commission Staff recommendation.  She informed that the Petitioner could not be present but consented to the Commission proceeding in her absence.  In response to Commissioner Jones, Staff Attorney Radiches stated that the Petitioner and the Conanicut Island Land Trust are no longer business associates; the organization would appear during a period of public comment; and the organization is not a party or participant, and it has no financial interest in the matter under discussion.  Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously

VOTED:         To issue an advisory opinion to Diane Harrison, a member of the Jamestown Planning Commission. 

             At 9:31 a.m., upon motion by Commissioner Corrente 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 June 7, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

b.) In re: Frank Picozzi, Complaint No. 2022-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

c.) Annual discussion and review re: Legal Counsel’s contract, pursuant to R.I. Gen. Laws § 42-46-5(a)(1).  Chair Quinn informed that Legal Counsel DeSimone had been notified of and waived his statutory right to have this matter discussed in Open Session.    

d.) Motion to return to Open Session.

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

The next order of business was:

Motion to seal minutes of Executive Session held on June 28, 2022.

Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously

VOTED:         To seal the minutes of the Executive Session held on June 28, 2022. 

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:

  1. Unanimously voted (5-0) to approve the minutes of the Executive Session held on June 7, 2022.
  1. Voted (4-1) in the matter of In re: Frank Picozzi, Complaint No. 2022-4, to initially determine that the Complaint fails to state facts sufficient to constitute a violation of the Code of Ethics and to dismiss the Complaint. 

[Reporter’s Note: The votes were as follows:

Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Jones, it was

VOTED:         To initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Code of Ethics and to authorize a full investigation. 

AYES:             Kyle P. Palumbo.

NOES:            Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; and Matthew D. Strauss.

The motion failed.  Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was

VOTED:         To initially determine that the Complaint fails to state facts sufficient to constitute a violation of the Code of Ethics and to dismiss the Complaint.

AYES:            Marisa A. Quinn; Arianne Corrente; Lauren E. Jones; and Matthew D. Strauss.

                        NOES:             Kyle P. Palumbo.

                        The motion carried and the Complaint was dismissed.]

  1. Annual discussion and review re: Legal Counsel’s contract.  No action was taken.
  1. Unanimously voted (5-0) to return to Open Session.

           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 hard work and service this past year.  Legal Counsel DeSimone remarked that it has been an honor and pleasure to serve the Commission.  Upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously

           VOTED:           To renew Legal Counsel’s contract with the Commission for one year. 

           The next order of business was:

New Business proposed for future Commission agendas and general comments from the Commission.

            Executive Director Gramitt informed that he has made the Governor’s office aware of the three vacancies on the Commission and the urgency of the situation.  He stated that he will continue to press to have the vacancies filled.  Chair Quinn asked Executive Director Gramitt to convey to the Governor’s office the Commission’s desire that new appointments represent the diversity of Rhode Island’s citizens. 

            At 10:23 a.m., upon motion made by Commissioner Corrente and duly seconded by Commissioner Jones, it was unanimously

VOTED:         To adjourn the meeting.

Respectfully submitted,

 

______________________________

Kyle P. Palumbo

Secretary