Minutes June 4, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 4, 2024 The Rhode Island Ethics Commission held its 8th 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 4, 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: Marisa A. Quinn, Chair Emma L. Peterson Lauren E. Jones, Vice Chair Scott P. Rabideau Holly J. Susi, Secretary Matthew D. Strauss Frank J. Cenerini The following Commissioner was not present: Hugo L. Ricci, Jr. 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 9:05 a.m., the Chair opened the meeting. The first order of business was: Administration of Oath of Office to Scott P. Rabideau. Chair Quinn administered the Oath of Office to Commissioner Scott P. Rabideau. He addressed the Commission and spoke of his professional background and experience as a biologist and professional wetland scientist with his own consulting firm. He is a native Rhode Islander and served as a member of the Rhode Island House of Representatives from 1995-2002. Approval of minutes of the Open Session held on April 30, 2024. 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 30, 2024. AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; and Holly J. Susi. ABSTENTIONS: Scott P. Rabideau and Matthew D. Strauss. 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 seven complaints pending, one of which will be initial determined at today’s meeting in Executive Session. b.) Advisory opinions pending There are seven advisory opinions pending, five of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were 13 APRA requests received since the last meeting, 12 of which were granted within one business day and one which required additional time. Nine requests related to complaint matters, three related to financial disclosure, and one request related to records that did not exist. d.) Financial disclosure As of today, almost 4,000 statements have been filed, and the compliance rate is at 95%, which is higher than the rate at this time last year. There are currently 218 non-filers. Executive Director Gramitt noted that he recently performed ethics training for the House of Representatives and the Senate and was asked whether the Commission might give thought to raising the $25 regulatory gift limit. He informed that while he was not inclined to advocate for an increase, he would relay this inquiry to the Commission. e.) General office administration The next Commission meeting is scheduled for June 25, 2024, and the following one will be on July 23, 2024. In response to Commissioner Jones, Executive Director Gramitt stated that there have been some occasions, although rare, when the Commission has had to convene special meetings outside of those already scheduled. 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: Kelley Morris Salvatore, Esq., the solicitor for the Town of Cumberland, requests an advisory opinion regarding whether the Code of Ethics would permit another attorney in the law firm by which the Petitioner is privately employed to represent a private client before Cumberland’s planning board, mayor, and town council. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Quinn, Staff Attorney Radiches explained that the opinion is directed at the Petitioner given that her law partner is not subject to the Code of Ethics. The Petitioner addressed the Commission and stated that the question presented relates to what recusal requirements apply to her when her partner represents a client before a Cumberland public body. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Kelley Morris Salvatore, Esq., the solicitor for the Town of Cumberland. The next advisory opinion was that of: Paul Jordan, a Data Analyst with the Rhode Island Department of Environmental Management, who as part of his public duties serves as the assistant state liaison officer to the National Park Service’s Land and Water Conservation Fund, requests an advisory opinion regarding whether the Code of Ethics prohibits him from reviewing an application submitted by the Town of South Kingstown for the conversion of the use of a town lot for the construction of a new high school, given that the Petitioner is a resident of the town. Commissioner Rabideau recused and sat in the audience during consideration of this matter. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with legal counsel for the Department of Environmental Management, Johann Donall, Esq. In response to Chair Quinn, the Petitioner stated that in the past, he has reviewed other matters submitted by the Town of South Kingstown. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Paul Jordan, a Data Analyst with the Rhode Island Department of Environmental Management, who as part of his public duties serves as the assistant state liaison officer to the National Park Service’s Land and Water Conservation Fund. The next advisory opinion was that of: Edward A. Mello, the town administrator for the Town of Jamestown, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition against representing himself before the town planner and the zoning/building official over whom he has appointing and supervisory authority, given that the Petitioner would like to add a garage to the home that he intends to eventually become his personal residence, and that certain aspects of that project fall within the purview of the town planner and the zoning/building official. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, Staff Attorney Popova Papa stated that if the Petitioner was not planning to make the home his personal residence, it is not clear what the opinion would advise, given that the property was acquired prior to his appointment, and the property is not his primary residence but is used as a rental property. Commissioner Jones noted that the opinion is based on the Petitioner’s representation that he intends to move to the property. Commissioner Susi inquired regarding a past advisory opinion in which the Commission removed the phrase “to avoid even the appearance of impropriety.” Commissioner Peterson stated that, pursuant to § 36-14-5(e), the Commission can impose additional restrictions in any given matter. In response to Chair Quinn, the Petitioner informed that performance reviews are not associated with salary increases, which are established by the Town Council in the budget. In response to Commissioner Rabideau, the Petitioner represented that he is unsure how long the construction will take and understands that this opinion is binding on him through the end of the construction. Executive Director Gramitt addressed the Commission and stated that if the conditions imposed upon the Petitioner as set forth in the opinion become problematic for him down the road, he may reach out to the Commission for further clarification or guidance. Upon motion made by Commissioner Jones and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To issue an advisory opinion to Edward A. Mello, the town administrator for the Town of Jamestown. The next advisory opinion was that of: The Honorable Valarie J. Lawson, a legislator serving as a member of the Rhode Island Senate, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from participating in the Senate’s floor votes on legislation relating to the Rhode Island Pension System, given that she was formerly employed as a teacher by the East Providence School Department and currently serves in her private capacity as president of the National Education Association of Rhode Island. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present along with Attorney Carly Iafrate. Commissioner Cenerini represented that as a retired member of the pension system, he had had reservations regarding his participation in this matter. He further represented that after consulting earlier with Legal Counsel DeSimone and Executive Director Gramitt, however, he is comfortable with proceeding. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To issue an advisory opinion to The Honorable Valarie J. Lawson, a legislator serving as a member of the Rhode Island Senate. The final advisory opinion was that of: Christian Lachapelle-Miller, the Chief Implementation Aide to the Director of the Rhode Island Department of Children, Youth & Families, who in his private capacity is the chief executive officer and founding president of Generous Heart, a private, non-profit organization, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in Generous Heart’s implementation of a Memorandum of Understanding between Generous Heart and Communities for People, a vendor to the Department of Children, Youth & Families. 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 Cenerini and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Christian Lachapelle-Miller, the Chief Implementation Aide to the Director of the Rhode Island Department of Children, Youth & Families, who in his private capacity is the chief executive officer and founding president of Generous Heart, a private, non-profit organization. At 9:56 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 April 30, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Michelle Vacca, Complaint No. 2024-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Michael Colasante, Complaint No. 2023-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Olivia DeFrancesco, Complaint No. 2024-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) Annual discussion and review re: Legal Counsel’s contract pursuant to R.I. Gen. Laws § 42-46-5(a)(1). f.) 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 11:54 a.m., the Commission reconvened in Open Session. The livestream of the meeting resumed. Legal Counsel DeSimone returned to the hearing room. The next order of business was: Motion to seal minutes of Executive Session held on June 4, 2024. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Jones, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 4, 2024. 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: Voted (5-0) to approve the minutes of the Executive Session held on April 30, 2024. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Emma L. Peterson; and Holly J. Susi. ABSTENTIONS: Scott P. Rabideau and Matthew D. Strauss.] 2. Unanimously voted (7-0) to approve a proposed Informal Resolution and Settlement in the matter of In re: Michelle Vacca, Complaint No. 2024-3, by which the Ethics Commission imposed a civil penalty of $1,000 for a violation of the Code of Ethics. Copies of the Informal Resolution and Settlement will be available at the conclusion of the meeting. 3. In the matter of In re: Michael Colasante, Complaint No. 2023-10, the Commission took the following actions: Unanimously voted (7-0) to find that probable cause exists to believe that, by receiving the assistance and/or services of Jeffrey Vaillancourt, a licensed electrician serving as the Town of Richmond Electrical Inspector, relative to the performance of an underground electrical installation and related excavation at the Respondent’s 71 Buttonwoods Road property in August 2023, the Respondent violated 520-RICR-00-00-1.4.2(B) Gifts (36-14-5009); Unanimously voted (7-0) to find that probable cause exists to believe that, by receiving the assistance and/or services of Jeffrey Vaillancourt, a licensed electrician serving as the Town of Richmond Electrical Inspector, relative to a 2023 request to RI Energy to provide electrical service at the Respondent’s 71 Buttonwoods Road property, the Respondent violated 520-RICR-00-00-1.4.2(B) Gifts (36-14-5009); and Unanimously voted (7-0) to find that probable cause exists to believe that, by Town of Richmond Electrical Inspector Jeffrey Vaillancourt’s payment of Angelo Palazzo for the cost of Electrical Permit #5414 for the Respondent’s 71 Buttonwoods Road property, the Respondent received a gift in violation of 520-RICR-00-00-1.4.2(B) Gifts (36-14-5009). A motion also was made to find that probable cause exists to believe that the Respondent violated R.I. Gen. Laws §§ 36-14-5(a) & 7(a) by participating in the Town Council’s decision-making relative to the hiring and discipline of Town of Richmond Electrical Inspector Jeffrey Vaillancourt, but the motion failed on a vote of (3-3) with one abstention. The matter will be scheduled for an adjudication as to the counts for which the Commission found that probable cause exists. 4. Unanimously voted (7-0) in the matter of In re: Olivia DeFrancesco, Complaint No. 2024-7, 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 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. 5. Unanimously voted (7-0) 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 valuable service. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To execute a contract with Legal Counsel DeSimone for the next year with the terms to be finalized with the Executive Director. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There were none. At 12:00 p.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Holly J. Susi Secretary