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For more details on a specific meeting, see the Meeting Minutes.
Ethics Commission Meeting November 3, 2009
At the 16th meeting of the Commission in 2009, the Commission issued the following advisory opinions:
A.O. 2009-43 to Danielle R. Coulter, a Tiverton School Committee member, opining that she must recuse from participation if her spouse appears before the School Committee to request that it hold a workshop to solicit input regarding implementation of a staff compensation scheme involving both market and merit pay elements.
The Commission took a second and final vote to adopt General Commission Advisory (GCA) 2009-4: Secondary Employment.
In the matter of In re: Patrick C. Lynch , Complaint No. 2009-3, the Commission dismissed the Complaint with prejudice.
The Commission received a Collection Action Update: In re: Sarah Murphy , Complaint No. NF85-36.
The Commission received a Status Update: Joseph S. Larisa, Jr. v. Rhode Island Ethics Commission, Superior Court C.A. No. 08-7325.
Ethics Commission Meeting October 20, 2009
At the 15th meeting of the Commission in 2009, the Commission issued the following advisory opinions:
A.O. 2009-40 to Judge Steven J. Hart, the Probate Judge of the Town of Coventry Probate Court, granting a hardship exception to permit his continued representation of the estate of Lucille F. Legault before the Probate Court for the purpose of closing the estate and making final distributions.
A.O. 2009-41 to Judge Steven J. Hart, the Probate Judge of the Town of Coventry Probate Court, granting a hardship exception to permit his continued representation of the estate of Ernest J. Ryan, Jr. before the Probate Court for the purpose of closing the estate and making final distributions.
A.O. 2009-42 to Donato Andre D’Andrea, Esq., the Portsmouth Town Solicitor, opining that he is not prohibited from advising the Town regarding its consideration of the installation of sewage or some other form of community treatment for wastewater that may affect approximately 4,000 lots, notwithstanding that he owns one of the lots that may be impacted by Town action, given the application of R.I. Gen. Laws § 36-14-7(b) .
The Commission made an initial vote to adopt General Commission Advisory (GCA) 2009-3: Participation in Union Actions by Public Officials who are Union Members.
In the matter of In re: Kim Petti, Complaint No. NF2009-6, the Commission found probable cause.
The Commission reported that the matetr of In re: Robert H. Wimer, Complaint No. NF2009-14 was settled prior to the Commission Meeting.
In the matter of In re: Christopher Willi, Complaint No. 2009-4, the Commission authorized a full investigation.
The Commission received a report on Preliminary Investigation No. 2009-1 pursuant to Commission Regulation 36-14-12001.
The Commission received notification of initiation of Preliminary Investigation No. 2009-2 pursuant to Commission Regulation 36-14-12001.
Ethics Commission Meeting October 6, 2009
At the 14th meeting of the Commission in 2009, the Commission issued the following advisory opinions:
A.O. 2009-38 to Judge Steven J. Hart, the Probate Judge of the Town of Coventry Probate Court, a municipal appointed position, granting a hardship exception to permit his continued representation of the estate of Viola R. Martin before the Probate Court for the purpose of closing the estate and making final distributions.
A.O. 2009-39 to Philip L. Hervey, the Barrington Town Planner, a municipal employee position, opining that he is permitted to participate in the Town’s administrative review of a proposal master plan filed by the Bayside YMCA to expand its facility, notwithstanding that he is a member of the Bayside YMCA.
The Commission made an initial vote to adopt General Commission Advisory (GCA) 2009-4: Secondary Employment.
Discussion of the consideration of proposed GCA No. 2009-3: Participation in Union Actions by Public Officials who are Union Members was continued until the next meeting.
Discussion was had regarding the complainant's role in the complaint process.
Ethics Commission Meeting September 22, 2009
At the 13th meeting of the Commission in 2009, the Commission issued the following advisory opinions:
A.O. 2009-33 to Robert J. Reilly, a firefighter employed by the City of Providence Fire Department, who serves in the Department’s Arson Unit as a Fire Investigator, who in his private capacity is a licensed attorney, opining that he may represent clients before the Rhode Island Fire Safety Code Board of Review and Appeal and the offices of municipal fire marshals outside of the City of Providence, provided that he follows certain limitations.
A.O. 2009-34 to Chief Joseph Baris, Jr., Chief of the West Warwick Fire Department, regarding the limitations the Code of Ethics places upon him in his capacity as Chief, given that his son-in-law is a candidate for a firefighter position within the same department.
A.O. 2009-35 to Judge Steven J. Hart, the newly appointed Probate Court Judge for the Town of Coventry, opining that he may not, in his private capacity as an attorney, represent individuals and estates before the Coventry Probate Court while he is serving as the Coventry Probate Court Judge.
A.O. 2009-36 to Jean A. Boulanger, Esq., the former Probate Court Judge for the Town of Coventry, opining that he may represent clients and otherwise appear before the Coventry Probate Court prior to one year from his termination from service as the Coventry Probate Court Judge.
A.O. 2009-37 to Mayor Susan D. Menard, the Mayor of the City of Woonsocket, opining that she may purchase a used automobile that had formerly been leased by the City for her official use, based on the specific representations of the Petitioner.
In the matter of In re: Kevin Carter, Complaint No. 2009-2, an Initial Determination was made that the complaint alleged facts sufficient to constitute a knowing and willful of the Code of Ethics and a full investigation was authorized.
Notification of initiation of Preliminary Investigation pursuant to Commission Regulation 36-14-12001 was made.
The Commission made a second and final vote to adopt General Commission Advisory (GCA) 2009-2: Public Officials’ Actions Involving their own Stipends, Salaries, Compensation or Benefits. The Commission also made a second and final vote to withdraw the old Amended GCA No. 6 (Salary Raises).
Discussion of the review and consideration of proposed GCA No. 2009-3: Participation in Union Actions by Public Officials who are Union Members was continued until the next meeting.
Discussion was had regarding the "Class Exception."
Ethics Commission Meeting August 18, 2009
At the 12th meeting of the Commission in 2009, the Commission issued the following advisory opinion:
A.O. 2009-31 to Patrick Luther, Chief Plumbing Investigator for the Rhode Island Department of Labor and Training, opining that the Code of Ethics prohibits him from working as a plumber and pipefitter in the State of Rhode Island.
A.O. 2009-32 to Joseph Knight, a member of the Pawtucket School Committee, opining that he is prohibited from participating in contract negotiations with the Pawtucket Teachers’ Alliance, RIFT Local 930, given that his wife is a teacher in the Pawtucket School District and a member of Local 930, but that he is not prohibited from participating in negotiations with the group representing school department administrators and AFSCME Council 94, Local 1352, which represents school department non-professional staff.
The Commission made a second and final vote to adopt General Commission Advisory (GCA) 2009-1: Nepotism. The Commission also made a first vote to withdraw Amended GCA No. 6 (Salary Raises), and to adopt the newly drafted GCA 2009-2: Public Officials’ Actions Involving their own Stipends, Salaries, Compensation or Benefits.
Discussion was had regarding “core legislative acts" as well as the Complainant’s role in the complaint process.
A status update on Joseph S. Larisa, Jr. v. Rhode Island Ethics Commission, Superior Court C.A. No. 08-7325 was provided.
Collection Actions Update on the following matters were provided:
(1) In re: Louis Aponte, Complaint No. NF2005-3
(2) In re: John Celona, Complaint Nos. 2003-9, 2004-4 & 2004-8
(3) In re: Aisha Abdullah-Odiase, Complaint Nos. 2001-34 & NF2002-1
(4) In re: Patrick T. McDonald, Complaint Nos. 2001-41 & NF2002-13
(5) In re: Brenda Gaynor, Complaint No. 2001-32
(6) In re: Robert Ritacco, Complaint No. 97-40
(7) In re: J. Michael Levesque, Complaint Nos. 92-60 & 92-61
(8) In re: Robert D. Hallal, Complaint No. 89-42
(9) In re: Sarah Murphy, Complaint No. NF85-36
(10) In re: Thomas Feeney, Complaint No. NF84-23
(11) In re: Barbara Edler, Complaint No. NF80-13
(12) In re: Michael Kelly, Complaint No. NF78-21
(13) In re: Michael Sepe, Complaint No. 78-29
Ethics Commission Meeting July 21, 2009
At the 11th meeting of the Commission in 2009, the Commission issued the following advisory opinion:
A.O. 2009-26 to James T. Conway, Jr., Deputy Chief of the Valley Falls Fire Department, opining that the Code of Ethics does not prohibit the Petitioner, from serving in that position while his nephew simultaneously serves as a firefighter within the same department, provided that certain procedures are followed so that the Petitioner is removed from personnel decisions or other matters that particularly affect his family member.
A.O. 2009-27 to Matthew W. Robinson, a member of the East Providence Planning Board and the East Providence Historic District Commission, who is also an East Providence Police Officer, opining that the Code of Ethics does not inherently prohibit such simultaneous public service.
A.O. 2009-28 to Edward A. Giroux, a member of the West Warwick Town Council, opining that he may participate and vote on the West Warwick School Committee budget as a whole, notwithstanding that his spouse is a teacher employed by the West Warwick School Department.
A.O. 2009-29 to Philip C. Marks, a member of the Tiverton Planning Board, opining that he is not prohibited from participating in the Planning Board’s provision of an advisory opinion to the Tiverton Town Council regarding a request by the Tiverton Yacht Club for the rezoning of a portion of the Town, notwithstanding that he is a former general member of the Yacht Club and his sibling is a current general member of the Yacht Club.
A.O. 2009-30 to N. David Bouley, a member of the Woonsocket Planning Board, opining that he may participate in Planning Board matters involving the proposed development of a new CVS Caremark retail store, notwithstanding that his daughter is employed by Rite Aid Corporation, a competitor of CVS, and that other family members were previously employed by CVS.
The Commission made a second and final vote to withdraw General Commission Advisory (GCA) No. 1 (Nepotism), GCA No. 10 (Regarding RISDIC), and GCA No. 11 (Activities of a State or Municipal Official in Connection with Decisions Concerning His or Her Property, or the Property of Certain Relatives). Additionally, the Commission voted to amend and adopt GCA 2009-1 Nepotism .
Discussion was had of Staff research on participation of public officials who are union members in actions involving a different bargaining unit of the same umbrella labor union.
