Minutes October 5, 2021 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION October 5, 2021 The Rhode Island Ethics Commission held its 14th meeting of 2021 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, October 5, 2021, 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 J. Douglas Bennett Arianne Corrente, Vice Chair Lauren E. Jones M. Therese Antone* Holly J. Susi The following Commissioners were not present: Kyle P. Palumbo 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 Radiches, Staff Attorney/Education Coordinator; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Peter J. Mancini and Gary V. Petrarca. At 9:05 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on September 21, 2021. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on September 21, 2021. AYES: Marisa A. Quinn; Arianne Corrente; J. Douglas Bennett; and Holly J. Susi. ABSTENTION: Lauren E. Jones. The next order of business was: Director’s Report: Status report and updates. a.) Discussion of impact of COVID-19 crisis on Ethics Commission operations and staffing Executive Director Gramitt explained that the Commission is continuing normal operations and that mask-wearing remains mandatory. He requested that speakers raise their voices for all to hear, including the person taking the meeting minutes. b.) Complaints and investigations pending There are five active cases pending. Executive Director Gramitt informed that three complaints involve substantive allegations, leaving two non-filing cases, one of which has been noticed for a probable case hearing today. He stated that the staff has been unable to locate the respondent in the remaining non-filing complaint to provide notice of a probable cause hearing. c.) Advisory opinions pending There are three to four advisory opinions pending, with two noticed for today’s meeting. Executive Director Gramitt stated that four other advisory opinion requests were handled informally over the phone, obviating the need for formal opinions. d.) Access to Public Records Act requests since last meeting There were eight APRA requests received since the last meeting, all of which were granted within one business day. Executive Director Gramitt informed that six requests related to complaints, one related to financial disclosure, and one related to a recusal. e.) Financial Disclosure: Update on upcoming 2020 filing period Executive Director Gramitt informed that the staff is receiving updated lists of required filers in preparation for the 2021 filing year. In response to Commissioner Jones, Executive Director Gramitt explained that advisory opinion request letters are retained by the staff and the attorneys retain their notes and work product related to requests received. He stated that the staff provides a disclaimer to all callers seeking advice that only the Commission can issue binding opinions. In response to Chair Quinn, Executive Director Gramitt stated that he is in communication with the Governor’s office regarding the vacancy left by former Commissioner Murphy’s resignation. He informed that the Governor’s office is searching for a suitable replacement. 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: Robert R. Moreau (part 1), the Executive Director of the Housing Authority of the City of Woonsocket, requests an advisory opinion regarding whether such employment subjects him to the provisions of the Rhode Island Code of Ethics. Executive Director Gramitt informed the Commission that two advisory opinions have been drafted for this Petitioner who appeared before the Commission at a previous meeting. The first opinion addresses the issue of whether the Petitioner is subject to the Code of Ethics and, if so, the second opinion addresses the limitations that apply to him in his position. Executive Director Gramitt explained that the Petitioner could not attend today’s meeting but consented to the Commission proceeding with the first advisory opinion in his absence. Executive Director Gramitt stated that the Petitioner would like to be present for the Commission’s consideration of the second opinion given that the Commission had many questions for him during his previous appearance. Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To continue the Commission’s consideration of the second advisory opinion to Robert Moreau (part 2), the Executive Director of the Housing Authority of the City of Woonsocket, to a future meeting. Executive Director Gramitt presented the first advisory opinion to the Commission. *Commissioner Antone arrived at 9:15 a.m. In response to Commissioner Jones, Executive Director Gramitt explained that the draft addresses other instances in which employees and board members of housing authorities requested guidance from the Commission. He further explained that the staff regularly reaches out and provides training to quasi-public agencies such as housing authorities. In response to Chair Quinn, Executive Director Gramitt stated that the employees of public housing authorities are excluded from the list of required filers under the statute, but major decision-making employee on the state level are required to file. Chair Quinn noted that those persons subject to the Code of Ethics comprise a much larger group than those required to file financial disclosure statements. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Jones, it was unanimously VOTED: To issue an advisory opinion part 1, attached hereto, to Robert R. Moreau, the Executive Director of the Housing Authority of the City of Woonsocket. At 9:23 a.m., upon motion made by Commissioner Bennett 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 September 21, 2021, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). b.) In re: Aimee M. Gardiner, Complaint No. NF2021-2, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). d.) Motion to return to Open Session. At 9:33 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on October 5, 2021 Upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To seal the minutes of the Executive Session held on October 5, 2021. 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, which information will also be available on the Commission’s website: 1. Voted (4-0) to approve the minutes of the Executive Session held on September 21, 2021. [Reporter’s Note: The vote was as follows: AYES: Marisa A. Quinn; J. Douglas Bennett; Arianne Corrente; and Holly Susi. ABSTENTIONS: M. Therese Antone and Lauren E. Jones.] 2. Unanimously voted (6-0) in the matter of In re: Aimee M. Gardiner, Complaint No. NF2021-2, that there is probable cause to believe that the Respondent, Aimee M. Gardiner, a former member of the Exeter-West Greenwich Regional School District School Committee, violated R.I. Gen. Laws § 36-14-16 by failing to timely file a 2020 Financial Disclosure Statement with the Rhode Island Ethics Commission. 3. Unanimously voted (6-0) to return to Open Session. The next order of business was: Election of Officers. Chair Quinn informed that all current officers, including Commissioner Palumbo who was not present, have indicated a willingness to continue in their present positions. Legal Counsel DeSimone stated that the Commission must take separate votes for each position. Commissioner Bennett nominated Marisa A. Quinn as Chairperson. He encouraged the newer Commissioners to consider serving as officers in the future. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Jones, it was unanimously VOTED: To elect Marisa A. Quinn as Chairperson. Upon motion made by Marisa A. Quinn and duly seconded by Commissioner Bennett, it was unanimously VOTED: To elect Arianne Corrente as Vice Chairperson. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Jones, it was unanimously VOTED: To elect Kyle P. Palumbo as Secretary. Commissioner Bennett commented on the hard work by the Chairperson, and Chair Quinn extended appreciation to the Commission staff for their hard work. The next order of business was: New Business proposed for future Commission agendas and general comments from the Commission. There was none. At 9:40 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Corrente, it was unanimously VOTED: To adjourn the meeting. Respectfully submitted, _____________________________ Kyle P. Palumbo Secretary