Minutes January 9, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 9, 2018 The Rhode Island Ethics Commission held its 1st meeting of 2018 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, January 9, 2018, 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: Ross Cheit, Chair Arianne Corrente Marisa A. Quinn, Vice Chair John D. Lynch, Jr. J. Douglas Bennett The following Commissioner(s) were not present: M. Therese Antone; Robert A. Salk; Timothy Murphy; and James V. Murray. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Jason Gramitt, Education Coordinator/Staff Attorney; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Steven T. Cross; Peter J. Mancini; and Gary V. Petrarca. At 9:14 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on November 28, 2017. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Quinn, it was VOTED: To approve minutes of the Open Session held on November 28, 2017. AYES: J. Douglas Bennett; Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: John D. Lynch, Jr. 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: John P. Carson, Sr., a member of the Westerly Town Council, requests an advisory opinion regarding whether he may participate in the Town Council’s discussions and decision-making relative to the creation of beachgoer drop-off points near the rights-of-way to Misquamicut and Watch Hill beaches, given that he is a seasonal employee at the Misquamicut Club and some of its members own property abutting or in close proximity to the rights-of-way. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner explained that the genesis of this issue was when a member of the Westerly Conservation Commission was cited by a community service officer for an illegal drop off. He stated that the Town Council considered the matter but no action was taken, and the matter may reappear on the agenda at a future time. In response to Commissioner Bennett, the Petitioner stated that two properties were primarily impacted by the proposed drop-off site. Upon motionmade by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John P. Carson, Sr., a member of the Westerly Town Council. The next advisory opinion was that of: Gail Hallock Cyr, AIA, a member of the North Kingstown Historic District Commission, who in her private capacity is an architect, requests an advisory opinion regarding whether she qualifies for a hardship exception to the Code of Ethics’ prohibition on representing her client before her own board. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Uponmotion made by Commissioner Bennett and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Gail Hallock Cyr, AIA, a member of the North Kingstown Historic District Commission. The next advisory opinion was that of: Sharon M. Kernan, RN, MPH, a former Interdepartmental Project Manager for the Medicaid Program at the Rhode Island Executive Office of Health and Human Services, requests an advisory opinion regarding whether the Code of Ethics prohibits her from assisting a private health-care provider with the preparation of an application for a Certificate of Need to be submitted to the Health Services Council during the one-year period following her retirement from state employment. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Lynch, Staff Attorney Popova Papa explained that the language in the last paragraph of the draft advisory opinion referred to activities in which the Petitioner may engage. Staff Attorney Popova Papa stated that the language can be amended to remove any ambiguity. Uponmotion made by Commissioner Lynch and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, as amended and attached hereto, to Sharon M. Kernan, RN, MPH, a former Interdepartmental Project Manager for the Medicaid Program at the Rhode Island Executive Office of Health and Human Services. The next advisory opinion was that of: The Honorable Joseph M. Polisena, the Mayor of the Town of Johnston, who serves on the Executive Board of Directors of the Rhode Island League of Cities and Towns, a private nonprofit association, requests an advisory opinion regarding whether he may participate in a vote of the Rhode Island League of Cities and Towns to take a position that would be financially advantageous to the Town of Johnston. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Uponmotion made by Commissioner Corrente and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Joseph M. Polisena, the Mayor of the Town of Johnston. The final advisory opinion was that of: Charles Collins, a member of the Scituate Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before the Scituate Zoning Board of Review, over which the Town Council has appointing authority. Chair Cheit noted that this item was removed from the agenda. The next order of business was: Director’s Report. Executive Director Willever reported that there were ten (10) complaints, nine (9) advisory opinions, and one (1) litigation matter pending. He stated that nineteen (19) APRA requests were received since the last meeting, seventeen (17) of which were granted within one business day and two (2) of which involved research and were granted within ten business (10) days. Executive Director Willever reported that Alice Aieskoll, who served five years on the Commission Staff, accepted a position with the Purchasing Department in the Department of Administration. He stated that the Staff has started the process to fill the vacancy. The next order of business was: Status Update on resolved litigation: Antonio S. Fonseca v. Rhode Island Ethics Commission et al., Superior Court C.A. No. PC2017-3591. Legal Counsel DeSimone informed that, on December 6, 2017, Judge Licht entered an order approving the parties settlement agreement and dismissed the complaint with prejudice. Pursuant to the agreement, the Commission agreed to initiate rulemaking as to Regulation 1006. Notice of a public workshop on February 6, 2018, at which the rule-making process will begin, has been distributed, and the Plaintiff and his attorney have been notified consistent with the terms of the agreement. The Commission agreed to seal the Plaintiff’s Initial Determination Report, Investigative Report, and Response thereto. Under the agreement, the Commission does not pay any damages or attorney’s fees to the Plaintiff. The Commission will discuss the public workshop scheduled for February 6, 2018, and review the Notice of Ethics Workshop that has been distributed to stakeholders and the public. Staff Attorney Gramitt informed the Commission that notice was distributed regarding a public workshop to be held on February 6, 2018. He further stated that the notice was sent to all municipalities and clerks thereof, online financial disclosure filers, and legislators. He also stated that he will be speaking before the House of Representatives at the State House tonight and will discuss the workshop at that time. In response to Commissioner Quinn, Staff Attorney Gramitt explained that, at the workshop, the Commission will listen to and read comments and allow members of the public to speak. He further explained that, at the end of the workshop, the Commission can decide to ask the Staff to draft proposed language for the regulation to consider at a future meeting. Staff Attorney Gramitt stated that, if the Commission reaches a consensus on proposed language, it can initiate formal rulemaking with notice of a date to hear further testimony. In response to Chair Cheit, Staff Attorney Gramitt stated that ultimately the Commission may consider a range of alternatives to address the issue. Legal Counsel DeSimone advised that, under the settlement agreement, the Commission should go further than a workshop and to initiate formal rulemaking at which it will consider options. He further stated that the agreement does not require the Commission to adopt a new regulation. In response to Commissioner Quinn, Staff Attorney Gramitt informed that the Administrative Procedures Act was amended last year and a workshop can serve as the initiation of the rule-making process. In response to Commissioner Quinn, Staff Attorney Gramitt stated that any written comments received by January 30, 2018, will become part of the Commission’s packets. He further informed that all public comments will be made available to everyone before they testify. Executive Session. At 9:54 a.m., uponmotion made by Commissioner Bennett and duly seconded by Commissioner Quinn, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on November 28, 2017, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: Gregory Laboissonniere, Complaint No. 2017-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Gayle Corrigan, Complaint No. 2017-11, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 5. Motion to return to Open Session. The Commission reconvened in Open Session at 10:20 a.m. The next order of business was: Motion to seal minutes of Executive Session held on January 9, 2018. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Lynch, it was unanimously VOTED: To seal minutes of the Executive Session held on January 9, 2018. The next order of business was: Report on actions taken in Executive Session. Chair Cheit reported that the Commission took the following actions in Executive Session: 1. Voted (4-0) to approve the minutes of the Executive Session held on November 28, 2017. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: John D. Lynch, Jr.] 2. Voted (4-1) in the matter of In re: Gregory Laboissonniere, Complaint No. 2017-6, to approve an Informal Resolution and Settlement and impose a civil penalty of $1,500. 3. Unanimously voted (5-0) to initially determine that the facts alleged in In re: Gayle Corrigan, Complaint No. 2017-11, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 4. Received a litigation update in Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. The final order of business was: New Business. Chair Cheit spoke regarding a letter that was distributed at the start of the meeting and informed that Executive Director Willever will be retiring effective April 15, 2018. Chair Cheit stated that Executive Director Willever brought this Commission from an agency that was not regarded in good favor in this State to where it is now. Chair Cheit commended and thanked Executive Director Willever for his years of great service and noted that there will be opportunity for further comments of acknowledgement and appreciation. Chair Cheit informed that he appointed a subcommittee to move forward with the process of hiring a new director. He stated that the subcommittee will be comprised of Vice Chair Quinn, Commissioner Murray, and himself. Chair Cheit informed that the goal of the subcommittee will be to oversee advertising, vet applications, and bring finalists before the Commission in March. At 10:27 a.m., upon motion made by Commissioner Bennett and duly seconded by Commissioner Lynch, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary