Minutes 8-16-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION August 16, 2022 The Rhode Island Ethics Commission held its 9th 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, August 16, 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 Emma L. Peterson Kyle P. Palumbo, Secretary Holly J. Susi Lauren E. Jones Matthew D. Strauss The following Commissioner was not present: Arianne Corrente, Vice 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 Chair opened the meeting. She introduced and administered the oath of office to newly appointed Commissioner Emma L. Peterson. The first order of business was: Approval of minutes of the Open Session held on June 28, 2022. Upon motion made by Commissioner Jones and duly seconded by Commissioner Palumbo, it was VOTED: To approve the minutes of the Open Session held on June 28, 2022. AYES: Marisa A. Quinn; Kyle P. Palumbo; Lauren E. Jones; and Matthew D. Strauss. ABSTENTIONS: Emma L. Peterson and Holly J. Susi. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are eight complaints pending, including four new complaints noticed for initial determination in Executive Session. b.) Advisory opinions pending There are three advisory opinions pending, all of which have been noticed for today’s meeting. c.) Access to Public Records Act requests since last meeting There were six APRA requests received since the last meeting, all of which were granted within one business day. Four requests related to financial disclosure and two related to complaint matters. d.) 2021 Financial Disclosure As of August 15, 2022, the staff had processed 4,450 financial disclosure statements. Executive Director Gramitt informed that there are only 25 non-filers remaining and attributed this to the hard work and perseverance of the Commission investigators. He stated that the compliance rate is currently over 99 percent and those remaining non-filers may not be capable of filing. Executive Director Gramitt informed that the Commission’s intern, Violet Johnson, has been performing a state-by-state comparison of compliance rates and procedures. Executive Director Gramitt stated that the extension deadline for candidates to file financial disclosure statements just expired and, while the compliance rate is not as high for this category of filers, he expressed confidence that the rate will increase in the coming weeks. e.) Ethics Administration/Office and Education Updates Executive Director Gramitt welcomed Commissioner Peterson and stated that there remain two vacancies on the Commission. He explained that one position is a direct gubernatorial appointment and the other is a nominee by the House Minority Leader, subject to gubernatorial appointment. He informed that he is communicating with the Governor’s office about the vacancies. Executive Director Gramitt informed that the Commission’s office is now fully staffed and welcomed Jessica Cruz as the new Administrative Aide. He further informed that office and hearing room renovations will be starting soon. At Chair Quinn’s invitation, Commissioner Peterson introduced herself and advised that she is an attorney with the law firm of Chisholm Chisholm & Kilpatrick and focuses on veterans disability and administrative law. 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: Jo Ann Santos, the Tax Collector for the Town of Charlestown, requests an advisory opinion regarding whether the Code of Ethics prohibits her from simultaneously serving as the part-time Tax Collector for the Charlestown Fire District, a quasi-public municipal appointed position. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Susi, the Petitioner stated that she lives in the Charlestown Fire District and that another staff member collects and processes her personal municipal tax payments, which will remain the same. In further response to Commissioner Susi, the Petitioner informed that the Town’s Tax Assessor handles the Town’s tax roll and assessments. In response to Chair Quinn, the Petitioner stated that the current Tax Assessor was also the Tax Collector for Dunn’s Corners Fire District but resigned from that role in 2000. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Jo Ann Santos, the Tax Collector for the Town of Charlestown. The next advisory opinion was that of: Renu Englehart, a member of the East Greenwich Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits her from appearing, as a member of the public, during public hearings of the East Greenwich Planning Board, over which the East Greenwich Town Council has appointing authority, to provide public comment on a proposed major development of property located within a mile of the Petitioner’s home. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with Assistant Town Solicitor Amy Goins, Esq. In response to Commissioner Jones, Attorney Goins explained that the property development application does not contain any request for relief upon which the Town Council must act. She represented that the Petitioner will seek further guidance from the Commission if anything changes. In response to Commissioner Palumbo, Staff Attorney Popova Papa explained that the Petitioner is not the applicant but would like to speak as a member of the public in a public forum regarding an application filed by another party pursuant to the Public Forum Exception and, therefore, the requirement to recuse from appointment and reappointment of persons to a subsidiary public body is inapplicable. In response to Chair Quinn, the Petitioner represented that there is currently one vacancy on the Planning Board. In further response to Chair Quinn, Executive Director Gramitt stated that the Petitioner is not a party to or participant in the application. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Renu Englehart, a member of the East Greenwich Town Council. The final advisory opinion was that of: The Members of the Westerly School Committee, by and through its legal counsel, request an advisory opinion regarding whether the Code of Ethics prohibits the School Committee from requesting of the Westerly Town Council that a referendum question be placed on the November 2022 ballot whereby Westerly voters would determine whether members of the School Committee should receive a stipend for their service. Staff Attorney Radiches presented the Commission Staff recommendation. Attorney William A. Nardone was present on behalf of the Westerly School Committee members. In response to Commissioner Jones, Attorney Nardone stated that the School Committee members are elected to four-year staggering terms. Attorney Nardone further stated that only one member is running for re-election. In response to Commissioner Susi, Attorney Nardone informed that the Town Council will write the referendum question to be placed on the ballot. In further response to Commissioner Susi, Attorney Nardone represented that the date for the stipend to take effect, if approved, has not yet been established. Staff Attorney Radiches explained that GCA No. 2009-2, cited in the draft opinion, applies to public officials voting in favor of stipends or compensation that would benefit themselves. Upon motion made by Commissioner Palumbo and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to The Members of the Westerly School Committee, by and through its legal counsel. At 9:44 a.m., upon motion by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on June 28, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Carlos E. Tobon, Complaint No. 2022-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Preliminary Investigation No. 2022-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Stephen P. Mattscheck, Complaint No. 2022-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: Calvin Ellis, Complaint No. 2022-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) In re: Dan Patterson, Complaint No. 2022-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). g.) In re: Timothy Milisauskas, Complaint No. 2022-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). h.) In re: Richard Nassaney, Complaint No. 2022-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). i.) 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 waived his right to have discussion of his contract take place in Open Session. j.) Motion to return to Open Session[DK(1] . At 11:10 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on August 16, 2022. 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 August 16, 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: Voted (4-0) to approve the minutes of the Executive Session held on June 28, 2022. [Reporter’s Note: The votes were as follows: AYES: Marisa A. Quinn; Kyle P. Palumbo; Lauren E. Jones; and Matthew D. Strauss. ABSTENTIONS: Emma L. Peterson and Holly J. Susi.] Unanimously[DK(2] voted (6-0) in the matter of In re: Carlos E. Tobon, Complaint No. 2022[DK(3] -3, to approve an Informal Resolution and Settlement by which the Ethics Commission imposed a civil penalty of $3,600 for violations of the Financial Disclosure Mandate. The Informal Resolution and Settlement will be made available upon request by contacting the Commission’s office. Unanimously voted (6-0) in the matter of In re: Stephen P. Mattscheck, Complaint No. 2022-1, to enlarge time for investigation by 60 days. Unanimously voted (6-0) in the matter of In re: Calvin Ellis, Complaint No. 2022-7, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Financial Disclosure Mandate and the Code of Ethics and to authorize a full investigation. Unanimously voted (6-0) in the matter of In re: Dan Patterson, Complaint No. 2022-8, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Financial Disclosure Mandate and to authorize a full investigation. Unanimously voted (6-0) in the matter of In re: Timothy Milisauskas, Complaint No. 2022-5, 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. Unanimously voted (6-0) in the matter of In re: Richard Nassaney, Complaint No. 2022-6, 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. Discussion and review regarding Legal Counsel’s contract. No vote was taken. Unanimously voted (6-0) to return to Open Session. The next order of business was: Discussion and potential vote re: Legal Counsel’s contract Chair Quinn explained that the Commission voted at its last meeting to approve a one-year extension to Legal Counsel DeSimone’s contract. Upon motion made by Commissioner Jones and duly seconded by Commissioner Palumbo, it was unanimously VOTED: To direct the Executive Director to execute an amendment to Legal Counsel’s contract to increase the rate to $175 per hour. Chair Quinn expressed gratitude to Legal Counsel DeSimone for his service. Legal Counsel DeSimone stated that it has been an honor and pleasure to serve the Commission. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. No new business was proposed. At 11:16 a.m., upon motion made by Commissioner Palumbo and duly seconded by Commissioner Susi, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Kyle P. Palumbo Secretary [DK(1]Disregard this comment [DK(2]Chair Quinn made no report out or mention of the PI that was noticed for ES. Technically, she didn’t need to because the RIEC took no action on it. [DK(3]