N O T I C E O F O P E N M E E T I N G
DATE: Tuesday, August 21, 2018
TIME: 9:00 a.m.
PLACE: Rhode Island Ethics Commission
Hearing Room - 8th Floor
40 Fountain Street
Providence, RI 02903
1. Motion to approve minutes of Open Session held on July 17, 2018.
2. Advisory Opinions:
a.) William J. Aiello, a member of the Westerly Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in the Town Council’s discussion and decision-making relative to curb and sidewalk improvements to Church Street, given that his mother and aunt each own property on Church Street.
b.) The Town of New Shoreham Zoning Board of Review, by and through Donald J. Packer, the New Shoreham Solicitor, requests an advisory opinion regarding whether the Zoning Board of Review may hear and decide an application for a special use permit for a utility facility pursuant to the Rule of Necessity, given that conflicts of interest prevent the Zoning Board of Review from achieving a necessary quorum of five (5) active members.
3. Discussion and public comment regarding proposed rulemaking. As set forth in a Public Notice dated June 15, 2018 (available on the Ethics Commission website and the RI Secretary of State website), the Ethics Commission is proposing to amend 520-RICR-00-00-3 to:
a.) In § 3.11(A) [Finding of Probable Cause (1006)], remove language stating that a copy of the Investigative Report, and any written response thereto, be made public after the probable cause hearing and also add language to expressly state that the Investigative Report, and any written response thereto, shall at all times remain a confidential investigatory record; and
b.) In § 3.11(C)(1) [Finding of Probable Cause (1006)], add language requiring that when the Ethics Commission dismisses a complaint following a probable cause hearing, it must prepare and issue a public, written Decision and Order explaining the basis for the dismissal.
4. Motion to go into Executive Session, to wit: Motion to approve minutes of Executive Session held on July 17, 2018, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4).
a.) In re: Harold Carter, III, Complaint No. 2018-3, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4).
b.) In re: James C. Cournoyer, Complaint No. 2018-10, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4).
c.) In re: William C. Perry, Complaint No. 2018-4, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4).
d.) Motion to return to Open Session.
5. Motion to seal minutes of Executive Session held on August 21, 2018.
6. Report on actions taken in Executive Session.
7. Director’s Report: Status report and updates regarding:
a.) Complaints and investigations pending;
b.) Advisory opinions pending;
c.) Financial disclosure, including discussion of online public access to financial disclosure statements, and the compliance rates for 2017 and candidate filings relative to 2018 elections;
d.) Regulations, including update on proposed rulemaking to amend Regulation 1006;
e.) Legislation, including preliminary discussion of the Ethics Commission’s 2019 legislative agenda;
f.) Personnel, including update on filling Staff Attorney IV position; and
g.) Access to Public Records Act requests since last meeting.
8. New Business proposed for future Commission agendas and general comments from the Commission.
ANYONE WISHING TO ATTEND THIS MEETING WHO MAY HAVE SPECIAL NEEDS FOR ACCESS OR SERVICES SUCH AS A SIGN LANGUAGE INTERPRETER, PLEASE CONTACT THE COMMISSION BY TELEPHONE AT 222-3790, 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. THE COMMISSION ALSO MAY BE CONTACTED THROUGH RHODE ISLAND RELAY, A TELECOMMUNICATIONS RELAY SERVICE, AT 1-800-RI5-5555.
Posted on August 16, 2018