Minutes August 20, 2024 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION August 20, 2024 The Rhode Island Ethics Commission held its 11th 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, August 20, 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: Lauren E. Jones, Acting Chair Emma L. Peterson Holly J. Susi, Secretary Hugo L. Ricci, Jr. Frank J. Cenerini Matthew D. Strauss The following Commissioner was not present: Scott P. Rabideau. 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 Teresa Giusti; and Commission Investigators Peter J. Mancini, Gary V. Petrarca, and Kevin Santurri. At 9:03 a.m., the Acting Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on July 23, 2024. Upon motion made by Commissioner Susi and duly seconded by Commissioner Ricci, it was VOTED: To approve the minutes of the Open Session held on July 23, 2024. AYES: Lauren E. Jones; Frank J. Cenerini; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Emma L. Peterson and Matthew D. Strauss. 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 nine complaints pending, with several noticed on today’s agenda. b.) Advisory opinions pending There is one advisory opinion pending. c.) Access to Public Records Act requests since last meeting There were 12 APRA requests received since the last meeting, all but one of which were granted within one business day. One request involved older records in storage and required more than one day to collect. Four of the requests related to complaint matters, one related to meeting materials, one related to advisory opinions, two related to financial disclosure statements, and four related to miscellaneous matters. d.) Financial disclosure To date, the staff has received 4,480 financial disclosure filings which represents a 99.9% compliance rate. Executive Director Gramitt commended the efforts of Commission Investigators Gary Petrarca and Kevin Santurri and Financial Disclosure Officer Michelle Berg that contributed, in large part, to the high compliance rate. e.) General office administration Executive Director Gramitt informed that a new Commissioner may be appointed before the Commission’s next meeting on September 10, 2024. He also informed that Jae DosSantos has completed her summer internship at the Commission’s office and will return to URI. She was involved in updating the Advisory Opinion Digest and working on the new recusal module project, which included scanning and uploading recusal forms and researching the recusal procedures followed by the ethics commissions in approximately 30 other jurisdictions. Executive Director Gramitt stated that the transparent procedures followed by the Rhode Island Ethics Commission are among the best nationwide. The next order of business was: Hearing and vote on Respondent’s Petition to Take Discovery, In re: James E. Thorsen, Complaint No. 2023-7. Acting Chair Jones informed that legal counsel for the Respondent withdrew the petition. At 9:10 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on July 23, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Wayne Salisbury, Complaint No. 2024-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) In re: Robert A. Mancini, Complaint No. 2024-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) In re: Joseph A. DiMartino, Complaint No. 2024-5, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). e.) In re: Santos Javier, Complaint No. 2024-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). f.) In re: Anastasia Williams, Complaint No. 2024-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). g.) 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 11:09 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 August 20, 2024. Upon motion made by Commissioner Susi and duly seconded by Commissioner Peterson, it was unanimously VOTED: To seal the minutes of the Executive Session held on August 20, 2024. The next order of business was: Report on actions taken in Executive Session. Acting Chair Jones reported that the Commission took the following actions in Executive Session: Voted (4-0) to approve the minutes of the Executive Session held on July 23, 2024. [Reporter’s Note: The vote was as follows: AYES: Lauren E. Jones; Frank J. Cenerini; Hugo L. Ricci, Jr.; and Holly J. Susi. ABSTENTIONS: Emma L. Peterson and Matthew D. Strauss.] Voted (4-2) to approve a proposed Informal Resolution and Settlement in the matter of In re: Wayne Salisbury, Complaint No. 2024-9, by which the Ethics Commission imposed a civil penalty of $200 for violations of the Financial Disclosure mandate. [Reporter’s Note: The vote was as follows: AYES: Lauren E. Jones; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. NOES: Frank J. Cenerini and Hugo L. Ricci, Jr.] Voted (5-0) in the matter of In re: Robert A. Mancini, Complaint No. 2024-4, to find that probable cause does not exist to believe that the Respondent, Robert A. Mancini, a member of the Commerce Corporation, Access to Capital Subcommittee, violated R.I. Gen. Laws § 36-14-5(a) or (d) by voting at the Access to Capital Subcommittee’s January 21, 2020 meeting to recommend the awarding of tax-exempt private activity bonds to his employer, the Washington Trust Company. [Reporter’s Note: The vote was as follows: AYES: Lauren E. Jones; Frank J. Cenerini; Emma L. Peterson; Matthew D. Strauss; and Holly J. Susi. RECUSAL: 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 vote. Unanimously voted (6-0) in the matter of In re: Joseph A. DiMartino, Complaint No. 2024-5, to find that probable cause does not exist to believe that the Respondent, a former member of the West Warwick Planning Board, violated R.I. Gen. Laws § 36-14-5(a) and (d) by his participation in West Warwick Planning Board matters in which Nolan, Brunero, Cronin & Ferrera, Ltd. represented applicants. Unanimously voted (6-0) in the matter of In re: Joseph A. DiMartino, Complaint No. 2024-5, to find that probable cause does not exist to believe that the Respondent, a former member of the West Warwick Planning Board, violated Commission Regulation 520-RICR-00-00-1.2.1 Additional Circumstances Warranting Recusal (36-14-5002) by failing to recuse when Nolan, Brunero, Cronin & Ferrera, Ltd. represented applicants before the West Warwick Planning Board. 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. Unanimously voted (6-0) in the matter of In re: Santos Javier, Complaint No. 2024-10, to initially determine that the Complaint states facts that, if true, are sufficient to constitute violations of the Financial Disclosure mandate and to authorize an investigation. Unanimously voted (6-0) in the matter of In re: Anastasia Williams, Complaint No. 2024-11, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Financial Disclosure mandate 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. Unanimously voted (6-0) to return to Open Session. Commissioner Ricci made a motion to amend the finding in the matter of In re: Wayne Salisbury based on the number of violations and to elevate the amount of the civil penalty to $5,000. Legal Counsel DeSimone informed that Commissioner Ricci’s arguments and motion should have been raised in executive session during consideration of the proposed informal resolution and settlement, pursuant to Commission Regulation 520-RICR-00-00-3.16 Informal Disposition (1011). Acting Chair Jones stated that the motion was not appropriate for open session. The next order of business was: Election of Officers. Legal Counsel DeSimone informed of the Commission’s procedure for the election of its officers and called for nominations and discussion. Commissioner Cenerini nominated Acting Chair Jones as Chairperson. Upon motion made by Commissioner Cenerini and duly seconded by Commissioner Ricci, it was VOTED: To elect Lauren E. Jones as Chairperson. ABSTENTION: Lauren E. Jones. Commissioner Ricci nominated Commissioner Susi as Vice Chairperson. Upon motion made by Commissioner Ricci and duly seconded, it was VOTED: To elect Holly J. Susi as Vice Chairperson. ABSTENTION: Holly J. Susi. Commissioner Susi nominated Commissioner Strauss as Secretary. Upon motion made by Commissioner Susi and duly seconded by Commissioner Ricci, it was VOTED: To elect Matthew D. Strauss as Secretary. ABSTENTION: Matthew D. Strauss. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. Executive Director Gramitt stated that a review and discussion of Commission Regulation 3.30 and the schedule of fines for financial disclosure complaints will be noticed on a future agenda. At 11:25 a.m., upon motion made by Commissioner Susi and duly seconded by Commissioner Cenerini, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Matthew D. Strauss Secretary