Minutes 9-20-22 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION September 20, 2022 The Rhode Island Ethics Commission held its 10th 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, September 20, 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 Matthew D. Strauss Lauren E. Jones Holly J. Susi Emma L. Peterson The following Commissioners were not present: Arianne Corrente, Vice Chair; and Kyle P. Palumbo, Secretary. 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; and Commission Investigators Peter J. Mancini and Kevin Santurri. At 9:04 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on August 16, 2022. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To approve the minutes of the Open Session held on August 16, 2022. The next order of business was: Director’s Report: Status report and updates. a.) Complaints and investigations pending There are six complaints pending, four of which are under investigation and two of which are scheduled for probable cause hearings, one in Executive Session today and the other at the next meeting. Executive Director Gramitt noted that the moratorium period is in effect for complaints against declared candidates in the November 2022 election. Although members of the public cannot file complaints against candidates within 90 days of the general election, he explained that the staff can still initiate complaints if warranted by the severity of the allegations. 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 and completed within one business day. One related to financial disclosure, two were for complaint materials, one related to advisory opinions, and two related to financial disclosure. d.) 2021 Financial Disclosure Executive Director Gramitt stated that approximately 4,500 2021 Financial Statements have been filed to date. The staff is preparing to shift its focus to the filing of the 2022 Financial Statement. e.) Ethics Administration/Office Update Executive Director Gramitt informed that renovations to the Commission Hearing Room and Office have largely been completed, with a few remaining items to be addressed before ongoing building renovations are finished. He noted that Covid-19 is rampant at the start of the new school year and the staff is taking appropriate precautions. 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: Steven D’Agostino, the Director of Public Works in the City of Woonsocket, requests an advisory opinion regarding whether the Code of Ethics prohibits him from purchasing an unimproved parcel of land located in Woonsocket from a private party, given the Petitioner’s employment with the City. Executive Director Gramitt presented the Commission Staff recommendation, which had been drafted by Staff Attorney Popova Papa. The Petitioner was present. In response to Chair Quinn, the Petitioner stated that he sought an opinion to err on the side of caution given his public position and the current state of politics. Upon motion made by Commissioner Peterson and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Steven D’Agostino, the Director of Public Works in the City of Woonsocket. Commissioner Jones commended the Petitioner’s caution. The next advisory opinion was that of: Ashley N. Selima, the State Archivist & Public Records Administrator for the Rhode Island Department of State, State Archives, Library & Public Information Division, requests an advisory opinion regarding whether the State Archives, Library & Public Information Division is prohibited by the Code of Ethics from accepting a stipend from the What Cheer Writers Club, a private nonprofit organization, following the Petitioner’s participation as a panelist during an event sponsored by the What Cheer Writers Club. Staff Attorney Radiches presented the Commission Staff recommendation. She advised that the Petitioner could not be present due to a scheduled vacation. Tracey Croce was present from the Rhode Island Department of State to answer any questions from the Commission. Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion to Ashley N. Selima, the State Archivist & Public Records Administrator for the Rhode Island Department of State, State Archives, Library & Public Information Division. The final advisory opinion was that of: Gail Berlinghof, a member of the North Smithfield Zoning Board of Review, requests an advisory opinion regarding whether, following her recusal from official participation in all discussions and/or decision-making concerning a matter currently before the Zoning Board involving several acres of wetlands, she is prohibited by the Code of Ethics from publicly expressing her own opinion on said matter before the Zoning Board during a period of public comment. Staff Attorney Radiches presented the Commission Staff recommendation. She informed that the Petitioner could not be present but requested that the Commission proceed in her absence. In response to Commissioner Strauss, Staff Attorney Radiches stated that although the Petitioner is not an abutter to the subject property and, therefore, there is no rebuttable presumption of direct financial impact, the public forum exception is applicable because the subject is a matter of general public interest. In response to Commissioner Peterson, Staff Attorney Radiches noted that the public forum exception does not distinguish between appearing before one’s own public body and bodies over which one has appointing authority. Discussion ensued regarding why the Petitioner would want to take away her ability to take official action as a Zoning Board of Review member in order to publicly speak on the issue. Staff Attorney Radiches advised that the Petitioner represented her concern regarding an appearance of impropriety that could result from her taking official action in the matter because she works closely with an abutter. Commissioner Jones noted that the matter has yet to be heard and the Petitioner has an opinion regarding it. Upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously VOTED: To issue an advisory opinion to Gail Berlinghof, a member of the North Smithfield Zoning Board of Review. The next order of business was: Annual Education Report FY 2022. Education Coordinator Radiches presented an update on ethics trainings conducted during FY 2022, which included a document summarizing information about the trainings by month and category and an alphabetical listing by category of all groups that received training. Additional handouts containing information about online training provided to state employees and municipal elected and appointed officials and employees were also distributed. She informed that 42 live sessions were conducted, either in-person or via Zoom or Teams, providing training to 2,274 individuals. Education Coordinator Radiches noted that FY 2022 was the first year in which the Commission both provided online training and offered training to candidates. In response to Chair Quinn, Education Coordinator Radiches stated that she does not collect the names of those who attend live trainings, except where training certificates are requested. She stated that training is not mandatory and that there is no mechanism to gauge to what degree participants are paying attention or understand and will be able to apply the material to a particular case scenario. In further response to Chair Quinn, Education Coordinator Radiches indicated that training has previously been provided to fire districts as a group. Chair Quinn expressed the Commission’s appreciation for Education Coordinator Radiches’ efforts and excellent work. At 9:45 a.m., upon motion by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimousl VOTED: To go into Executive Session, to wit: a.) Motion to approve minutes of Executive Session held on August 16, 2022, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Richard Nassaney, Complaint No. 2022-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). c.) Motion to return to Open Session. At 10:25 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on September 20, 2022. Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously VOTED: To seal the minutes of the Executive Session held on September 20, 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 August 16, 2022. 2. In the matter of In re: Richard Nassaney, Complaint No. 2022-2, the Commission took the following actions: Unanimously voted (5-0) to find that there does not exist probable cause to believe that, by voting to approve the Richmond Town Council’s issuance of Outdoor Entertainment Licenses for the Washington County Fair in 2018, 2019, 2021, and 2022, the Respondent knowingly and willfully violated R.I. Gen. Laws § 36-14-5(a) & (d). Unanimously voted (5-0) to find that there does not exist probable cause to believe that, by failing to recuse when representatives of the Washington County Fair appeared before the Richmond Town Council seeking issuance of Outdoor Entertainment Licenses in 2018, 2019, 2021, and 2022, the Respondent knowingly and willfully violated Commission Regulation 520-RICR-00-00-1.2.1 Additional Circumstances Warranting Recusal (36-14-5002). The Complaint is dismissed with prejudice. The Commission will prepare and issue a written Decision & Order explaining the basis for its votes. 3. Unanimously voted (5-0) to return to Open Session. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 10:39 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Strauss, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, ______________________________ Marisa A. Quinn Chair