Minutes February 23, 2016 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION February 23, 2016 The Rhode Island Ethics Commission held its 3rd meeting of 2016 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, February 23, 2016, 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 Timothy Murphy Frederick K. Butler Marisa A. Quinn James V. Murray* Also present were Edmund L. Alves, 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 Amy C. Stewart; and Commission Investigators Steven T. Cross, Peter J. Mancini and Gary V. Petrarca. At 9:03 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on January 26, 2016. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was VOTED: To approve minutes of the Open Session held on January 26, 2016. AYES: Timothy Murphy; Marisa A. Quinn; Ross Cheit. ABSTENTIONS: Frederick K. Butler; James V. Murray. 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: Jeff C. Davis, AICP, a former Principal Planner with the Division of Planning in the Department of Administration, requesting an advisory opinion regarding whether the Code of Ethics prohibits him from working on a project for his private employer that involves a grant managed by the Rhode Island Department of Health. Staff Attorney Stewart presented the Commission Staff recommendation. The Petitioner was present. Upon motion made by Commissioner Murray and duly seconded by Commissioner Butler, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Jeff C. Davis, AICP, a former Principal Planner with the Division of Planning in the Department of Administration. The next advisory opinion was that of: David M. Gleason , a member of the Portsmouth Town Council, requesting an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before the Portsmouth Zoning Board in order to seek a dimensional variance for his personal residence. Staff Attorney Stewart presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Murphy, Staff Attorney Stewart stated that the advisory opinion requires the Petitioner to recuse from the Town Council’s appointment or reappointment of anyone to the Portsmouth Zoning Board until after the election cycle for his Town Council seat following the complete resolution of this application before the Zoning Board, including any appeals. Upon motion made by Commissioner Butler and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to David M. Gleason, a member of the Portsmouth Town Council. The final advisory opinion was that of: Kathleen Knight-Bianchi , a member of the Scituate Town Council, requesting an advisory opinion regarding whether the Code of Ethics prohibits her brother from being hired as a per diem senior van driver for the Scituate Department of Senior Services. Staff Attorney Stewart presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Butler, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Kathleen Knight-Bianchi, a member of the Scituate Town Council. The next order of business was: Director’s Report. Executive Director Willever reported that there were two (2) advisory opinions and five (5) complaints pending, one (1) of which was a staff-initiated complaint for the failure to timely file a financial disclosure statement. He stated that seven (7) APRA requests were granted since the last meeting, all of which were completed within one (1) business day. Executive Director Willever also reported that Tracy Teixeira, the Commission’s former Administrative Assistant, has been promoted to the position of Office Manager/Special Projects Coordinator. He advised that the now vacant Administrative Assistant position has been advertised and he hopes to have that vacancy filled within a month. *Commissioner Murray left the meeting at 9:18 a.m. The next item for discussion was: Legislative Update. Staff Attorney Gramitt presented the second legislative update for the 2016 legislative session and summarized all of the bills listed on the agenda. He advised that, consistent with the Commission’s past practices, he would be attending the Senate Judiciary Committee hearing that evening to testify in support of Senator Edward J. O’Neill’s bill S2060, which would restore the Commission’s pre-Irons jurisdiction over the General Assembly. Commissioners asked Staff Attorney Gramitt questions regarding the proposed legislation. No action was taken by the Commission. The next item for discussion was: Discussion re: Application of Financial Disclosure mandate and procedure for determining whether individuals are required to file disclosure. Staff Attorney Gramitt summarized his memorandum which had been distributed to the Commission prior to the meeting. Commissioners asked Staff Attorney Gramitt questions regarding the process for making staff determinations regarding who is required to file financial disclosure statements. No action was taken by the Commission. The next item for discussion was: Discussion re: Scheduling workshop on public access to Financial Disclosure Statements. Staff Attorney Gramitt advised that he planned to schedule a workshop for the Commission’s second meeting in May to address Common Cause’s prior request for the Ethics Commission to make financial disclosure statements available electronically. He stated that Commission staff would prepare an insert for the annual financial disclosure statement mailing, which will be sent by the end of March to more than 4,000 people, advising all required filers of the workshop and the opportunity to provide written comment. He informed that Commission staff would also set up an email address to receive written comments. No action was taken by the Commission. Given the lack of a quorum, the Commission did not go into Executive Session. At 10:28 a.m., Chair Cheit adjourned the meeting. Respectfully submitted, __________________ Robert A. Salk Secretary