Minutes July 23, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION July 23, 2024 The Rhode Island Ethics Commission held its 10th 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, July 23, 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 Frank J. Cenerini Lauren E. Jones, Vice Chair Scott P. Rabideau Holly J. Susi, Secretary Hugo L. Ricci, Jr. The following Commissioners were not present: Emma L. Peterson and 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 9:03 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on June 25, 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 June 25, 2024. AYES: Frank J. Cenerini; Lauren E. Jones; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Marisa A. Quinn. Chair Quinn announced that, after nearly 10 years of service, she is stepping down from the Ethics Commission effective July 24, 2024. The next order of business was: Director’s Report: Status report and updates. Executive Director Gramitt informed that the meeting materials and agenda are available on the Commission’s website. He stated 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. 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. Executive Director Gramitt informed that the staff soon will be filing financial disclosure complaints. He explained that the 30-day filing period for persons who have filed their declaration of candidacy will expire this week. Executive Director Gramitt stated that the list of candidates is provided by the Secretary of State’s office, and it contains over 3,000 names, some of whom are not required to file or who have filed already for other positions they hold. He informed that reminder notices were mailed last week to those remaining candidates who have not filed yet. b.) Advisory opinions pending There are six 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 nine APRA requests received since the last meeting, eight of which were granted within one business day. One request involved older financial disclosure statements housed in offsite storage. Executive Director Gramitt informed that the 10-day response period is tolled until the requester pays the associated retrieval and copying costs. d.) Financial disclosure See above under complaints and investigations pending. e.) General office administration (i) Discussion and voting regarding Resolution in Appreciation of Outgoing Ethics Commission Chair Marisa A. Quinn. Executive Director Gramitt read the following proposed Resolution: RESOLUTION OF THE RHODE ISLAND ETHICS COMMISSION IN RECOGNITION AND PROFOUND APPRECIATION OF DISTINGUISHED SERVICE BY CHAIRPERSON MARISA A. QUINN Duly adopted on July 23, 2024. WHEREAS, on April 7, 2015, Governor Gina Raimondo appointed Marisa A. Quinn to serve on the Rhode Island Ethics Commission; and WHEREAS, Marisa A. Quinn was unanimously elected by her fellow Commissioners to serve as the Commission’s Chairperson on January 7, 2020, having previously served as Vice Chairperson from 2016 to 2020, evidencing the confidence and respect of her fellow Commissioners who have held her in their highest esteem over many years. Throughout her tenure on the Ethics Commission, Chairperson Quinn was known for her commitment to openness and transparency, for encouraging and engaging in thoughtful debate during hearings, and for treating every person appearing before the Ethics Commission with dignity, fairness, and due process of law; and WHEREAS, Chairperson Quinn has led the Ethics Commission through many prominent opinions, investigations, and administrative trials involving officials at the highest levels of government, always without fear or favor, and adhering to the highest standards of ethics, transparency, independence, and nonpartisanship; and WHEREAS, under Chairperson Quinn’s leadership and encouragement throughout the global COVID-19 pandemic, the Ethics Commission continued to provide all of its Constitutionally-mandated services and to perform its necessary functions, including the administration of financial disclosure, issuance of advisory opinions, and enforcement of the Code of Ethics while pioneering the adoption and use of remote meeting technology for state boards and commissions and successfully hosting a fully remote administrative trial at a time when the state judiciary had suspended its own trial calendars; Therefore, it is hereby: RESOLVED, that the Rhode Island Ethics Commission acknowledges and extends its profound appreciation to Chairperson Marisa A. Quinn for her many years of distinguished service to the People of the State of Rhode Island, during which she helped guide the Ethics Commission’s unique mission to foster and ensure the open, ethical, and accountable administration of government in Rhode Island. The undersigned hereby attests that the foregoing Resolution was duly adopted by a unanimous vote of the Rhode Island Ethics Commission on this 23rd day of July, 2024, and directs that said Resolution shall be duly recorded in the official minutes of the Rhode Island Ethics Commission. Each Commissioner shared expressions of gratitude and esteem for Chair Quinn. Upon motion made by Commissioner Jones and duly seconded by Commissioner Ricci, it was VOTED: To adopt a Resolution in Appreciation of Outgoing Ethics Commission Chair Marisa A. Quinn. AYES: Frank J. Cenerini; Lauren E. Jones; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Marisa A. Quinn. Chair Quinn addressed all in attendance, informing that she had submitted a letter of resignation to Governor McKee in which she spoke of the excellent work that the Ethics Commission does, and that it is one of the strongest commissions in the country. Chair Quinn spoke of the amazing commissioners and legal counsel with whom she has worked, and she commended the media and watchdog groups that have ensured that the Ethics Commission carries out its constitutional mandate. Chair Quinn expressed gratitude for the staff and the dedication and hard work of its members. 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. Legal Counsel DeSimone informed that the Commission currently has eight members, requiring five affirmative votes (a majority) for each advisory opinion to issue. The first advisory opinion was that of: Adam M. Millard, Esq., a member of the East Greenwich Historic District Commission, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before his own agency, in order to seek a certificate of appropriateness for planned renovations to his home. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Jones and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To issue an advisory opinion to Adam M. Millard, Esq., a member of the East Greenwich Historic District Commission. The next advisory opinion was that of: Joseph Graziano, a senior public information specialist for the Rhode Island Department of State, who has declared his candidacy for the Rhode Island House of Representatives, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from receiving campaign contributions from lobbyists, given that in the course of his public employment the Petitioner is tasked with discretionary duties involving lobbyists from which he intends to recuse. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. The Petitioner requested clarification of “surrogate,” as used in the draft opinion. Staff Attorney Radiches explained that it refers to anyone acting on the Petitioner’s behalf, such as his campaign manager or a family member. In response to Commissioner Rabideau, Staff Attorney Radiches represented that she found no precedent for this situation involving whether a candidate for office may accept campaign contributions from lobbyists. In further response to Commissioner Rabideau, Executive Director Gramitt informed that incumbent legislators may solicit contributions, but there are no prior advisory opinions opining on the Petitioner’s specific situation. In response to Chair Quinn, the Petitioner stated that his work is mostly administrative, and he defers to the director when matters requiring the exercise of discretionary authority arise. In further response to Chair Quinn, the Petitioner represented that his employer will not be disadvantaged at this time as a result of his recusals given that the legislature is in recess. In response to Commissioner Susi, Chair Quinn explained that the Rhode Island Supreme Court has ruled that persons who are prohibited from soliciting campaign contributions may accept them if unsolicited. Commissioner Jones noted the importance of the last paragraph of the draft regarding avoiding actions that have an appearance of impropriety. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Joseph Graziano, a senior public information specialist for the Rhode Island Department of State, who has declared his candidacy for the Rhode Island House of Representatives. The next advisory opinion was that of: Leon Amarant, a member of the Middletown Planning Board, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in planning board discussions and decision-making regarding the revision of an ordinance regulating residential short-term rental properties, given that the Petitioner, his parents, and certain of his business associates own such properties but the revised ordinance, if passed, would apply only to new residential short-term rental properties and not to existing ones. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Jones, the Petitioner stated that he will be exempt from the revised ordinance’s restrictions on the basis that he is grandfathered into the existing ordinance. In further response to Commissioner Jones, the Petitioner represented that there is no requirement for a special use permit and that the new ordinance will set a high bar for special use permit issuance. Commissioner Jones expressed concerns over the benefits that existing short-term rental property owners will continue to derive while new owners will be precluded or impeded from such benefits under the revised ordinance. In response to Commissioner Rabideau, the Petitioner stated that he will continue to recuse from matters relating to the existing ordinance but sought guidance as to how he should proceed in matters relating to the revised ordinance that will apply prospectively. In response to Commissioner Ricci, the Petitioner informed that a subcommittee comprised of three Town Council members was formed to meet and discuss the language of the revised ordinance, which meetings the Petitioner attended and at which he spoke as a private citizen. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Leon Amarant, a member of the Middletown Planning Board. The next advisory opinion was that of: Dennis Turano, a member of the Middletown Town Council, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in town council discussions and decision-making regarding the revision of an ordinance regulating residential short-term rental properties, given that the Petitioner owns such a property but the revised ordinance, if passed, would apply only to new residential short-term rental properties and not to existing ones. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner could not be present due to a work meeting out of state that he was required to attend in person. Commissioner Jones expressed similar concerns as he did in the previous matter regarding the impact that the revised ordinance will have on competition between existing and new short-term rental property owners. He stated that the revised ordinance forces new property owners to undergo a long and expensive process to obtain special use permits. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Dennis Turano, a member of the Middletown Town Council. The final advisory opinion was that of: William Nash, a member of the Middletown Planning Board, who is also a member of the Middletown Public Schools Building Committee, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating in planning board discussions and decision-making on matters in which he has participated and voted on as a member of the building committee. Staff Attorney Radiches presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Rabideau and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to William Nash, a member of the Middletown Planning Board, who is also a member of the Middletown Public Schools Building Committee. The next order of business was: Education Update. Education Coordinator Radiches presented an education update on ethics trainings conducted during FY 2024 including a document summarizing information about the trainings by, among other things, month and category and an alphabetical listing by category of all groups that received training. She informed that a total of 2,609 people received training and that she conducted 49 in-person trainings attended by 2,260 people. She provided a breakdown of the in-person trainings which included 11 municipal trainings attended by 468 people, and 22 state trainings attended by 1,084 people. There were 575 new state employees that received ethics training as part of their orientation. Education Coordinator Radiches stated that the in-person trainings of note included leaders at the R.I. Department of Environmental Management, URI’s Board of Trustees, senior employees and directors at the R.I. Public Transit Authority, and members of the House and Senate and its staff. Education Coordinator Radiches informed that 349 people completed online prerecorded trainings, 264 of whom were state employees and 85 of whom were from municipalities. She added that the prime candidates for the prerecorded trainings are state employees, municipal employees, and members of state boards, commissions, and agencies. In response to Commissioner Ricci, Education Coordinator Radiches stated that attending ethics trainings is not mandatory in Rhode Island, and there is no penalty for failure to attend. Executive Director Gramitt informed that the Senate requires its members to attend annual ethics training. In response to Chair Quinn, Education Coordinator Radiches reminded that two online training sessions were presented to municipal solicitors in FY2022 that qualified for CLE credits. In further response to Chair Quinn, Education Coordinator Radiches stated that attendees of in-person trainings are engaged and interested, often asking questions after the sessions. Executive Director Gramitt noted that the staff often receives calls for advisory opinions or to file complaints from municipalities for which Education Coordinator Radiches has recently provided trainings. At 10:10 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Rabideau, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on June 25, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Kenneth A. Hopkins, Complaint No. 2024-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) 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 10:35 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 July 23, 2024. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To seal the minutes of the Executive Session held on July 23, 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 June 25, 2024. [Reporter’s Note: The vote was as follows: AYES: Frank J. Cenerini; Lauren E. Jones; Scott P. Rabideau; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Marisa A. Quinn.] 2. Voted (5-0) in the matter of In re: Kenneth J. Hopkins, Complaint No. 2024-6, to find that probable cause does not exist to believe that the Respondent, Kenneth J. Hopkins, the Mayor of the City of Cranston, violated R.I. Gen. Laws § 36-14-5(a), (d), or 520-RICR-00-00-1.3.1 Prohibited Activities – Nepotism (36-14-5004), by participating in the appointment of his son-in-law, Jacob Shackleford, on September 10, 2021, as a firefighter to the Cranston Fire Department. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Scott P. Rabideau; and Holly J. Susi. RECUSAL: Hugo L. Ricci, Jr.] Voted (5-0) in the matter of In re: Kenneth J. Hopkins, Complaint No. 2024-6, to find that probable cause does not exist to believe that the Respondent, Kenneth J. Hopkins, the Mayor of the City of Cranston, violated R.I. Gen. Laws § 36-14-5(a), (d), or 520-RICR-00-00-1.3.1 Prohibited Activities – Nepotism (36-14-5004), by participating in the promotion of his son-in-law, Jacob Shackleford, on February 16, 2024, to the position of rescue lieutenant with the Cranston Fire Department. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; Frank J. Cenerini; Lauren E. Jones; Scott P. Rabideau; and Holly J. Susi. RECUSALS: Hugo L. Ricci, Jr.] The Complaint was dismissed with prejudice. Copies of the Investigative Report will be available at the conclusion of the meeting. The Commission will prepare and issue a written Decision & Order explaining the bases of its votes. 3. Unanimously voted (6-0) to return to Open Session. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. Executive Director Gramitt informed that Commissioner Jones will serve as Acting Chair at the Commission’s next meeting at which a full election of officers will be held. At 10:40 a.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