Minutes March 15, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION March 15, 2018 The Rhode Island Ethics Commission held its 5th 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 Thursday, March 15, 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 John D. Lynch, Jr. J. Douglas Bennett James V. Murray Arianne Corrente The following Commissioner(s) were not present: M. Therese Antone; Robert A. Salk; Timothy Murphy; and Marisa A. Quinn. 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 9:12 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on February 27, 2018. Upon motion made by Commissioner Bennett and duly seconded by Commissioner Murray, it was VOTED: To approve the minutes of the Open Session held on February 27, 2018. AYES: J. Douglas Bennett; James V. Murray; and Ross Cheit. ABSTENTIONS: Arianne Corrente; and 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: Dennis Finlay, the former Town Manager for the Town of Smithfield, requests an advisory opinion regarding whether the Code of Ethics permits him to accept a temporary, part-time position as the interim finance director of the Cumberland Fire District, given that his brother is the Chief of the Fire Department. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with Kelley Morris, Esq., General Counsel of the Cumberland Fire District. Attorney Morris informed the Commission that the Petitioner and his brother, who was also present, report separately to the Fire Committee. In response to Commissioner Bennett, the Petitioner stated that the Fire District sought him out for the position. Upon motionmade by Commissioner Bennett and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Dennis Finlay, the former Town Manager for the Town of Smithfield. The next advisory opinion was that of: Matthew T. Jerzyk, Esq. , a former legal counsel to the House Majority Leader, requests an advisory opinion regarding the application of the Code of Ethics, particularly its post-employment/revolving door provisions, to his ability to engage in legal and lobbying practices during the one-year period following his official date of severance from state employment. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. The Petitioner stated that he was seeking a roadmap to pursue his career in an ethical manner. Commissioner Bennett expressed concern that the advisory opinion was broad-brushed and did not clearly define what conduct is permissible for the Petitioner. In response to Chair Cheit, Staff Attorney Popova Papa stated that the advisory opinion provided general direction to the Petitioner but advised him that he may have to return before the Commission as more specific issues arise. Chair Cheit commented that the Commission is pleased when petitioners seek its guidance even when the issues are not concrete and thanked him for his public service. Commissioner Lynch stated that he was comfortable that the direction in the advisory opinion was specific enough and that the Petitioner will return as other issues arise. Uponmotion made by Commissioner Murray and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Matthew T. Jerzyk, Esq., a former legal counsel to the House Majority Leader. The next advisory opinion was that of: Sandra C. Cano, a member of the Pawtucket City Council, requests an advisory opinion regarding whether the Code of Ethics prohibits her from participating in discussions and decision-making regarding matters concerning the possible construction of a new baseball stadium in Pawtucket, given her membership in a group known as Pawtucket’s 20/20 and her private employment with Navigant Credit Union. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Bennett, Staff Attorney Popova Papa informed that the Petitioner represented that Navigant Credit Union has no plans to participate in any of the financing for the stadium’s construction. Uponmotion made by Commissioner Corrente and duly seconded by Commissioner Lynch, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Sandra C. Cano, a member of the Pawtucket City Council. The final advisory opinion was that of: Christopher Willi, a member of the New Shoreham Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits his participation in Town Council matters relating to the Old Harbor Dock Policy and the Harbor Management Plan, given that he has a private mooring in New Harbor and is on the waiting list for slips in Old Harbor. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Chair Cheit stated that, given the Petitioner’s background, he should be aware whether an amendment to the Dock Policy will have an impact on him. Staff Attorney Gramitt informed that the Petitioner is willing to cooperate with the Commission and comply with its direction. Upon motion made by Commissioner Lynch and duly seconded by Commissioner Murray, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Christopher Willi, a member of the New Shoreham Town Council. The next order of business was: Director’s Report. Executive Director Willever thanked the Commissioners for rearranging their schedules to attend today’s meeting, which was rescheduled from Tuesday, March 13, 2018, due to the snow storm. He reported that there were eight (8) complaints, including one (1) non-filing complaint, and fourteen (14) advisory opinions pending. He stated that eight (8) APRA requests were received since the last meeting, all of which were granted within one business day. Executive Director Willever explained how the Commission Staff tracks financial disclosure filings. He stated that the Staff tracks 4,000 filings each year. He informed that the Staff is experienced in this regard, with a financial disclosure officer who has been working on financial disclosure for 18 years, and three support staff members. Executive Director Willever further informed that the database used for tracking was enhanced in 2012. He stated that state law designates persons such as municipal clerks to provide updates to the Commission Staff regarding public officials who are required to file and these updates are tracked in the database. Chair Cheit summarized: (1) the Commission has a system in place; (2) the system relies on people to provide the Staff with accurate information; and (3) sometimes there are questions regarding new people and whether they are required to file, and such questions are handled by the Staff. Executive Session. At 9:42 a.m., uponmotion made by Commissioner Bennett and duly seconded by Commissioner Murray, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on February 27, 2018, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: John G. Edwards, Complaint No. 2017-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. Notification of initiation of Preliminary Investigation No. 2018-1, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Motion to return to Open Session. The Commission reconvened in Open Session at 9:53 a.m. The next order of business was: Motion to seal minutes of Executive Session held on March 15, 2018. Upon motion made and duly seconded, it was unanimously VOTED: To seal the minutes of the Executive Session held on March 15, 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 (3-0) to approve the minutes of the Executive Session held on February 27, 2018. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; James V. Murray; and Ross Cheit. ABSTENTIONS: Arianne Corrente; and John D. Lynch, Jr. 2. Unanimously voted (5-0) in the matter of In re: John G. Edwards, Complaint No. 2017-8, to enlarge time for investigation for sixty days. 3. Notification of initiation of Preliminary Investigation No. 2018-1. The next order of business was: Legislative Update: A discussion of the Commission’s legislative agenda and priorities for 2018, and a review, discussion and possible vote as to the Commission’s position on pending and anticipated legislation including: a.) 2018 Senate Bill – S2578 (“The Rhode Island Legislative Employee Whistleblower Protection Act”). Act which would provide protections for legislative employees who report criminal or ethical violations of legislators or legislative employees. Provides for civil remedies and criminal penalties. Staff Attorney Gramitt informed that S2578 would have no impact on the Code of Ethics but would add additional whistleblower protection for General Assembly employees who allege any violation of law or the Code of Ethics, or who allege sexual harassment. He further explained that, while the Code of Ethics contains provisions for whistleblower protection and the Rhode Island Whistleblower Act does the same, this new legislation would be more aggressive and punitive in nature. Staff Attorney Gramitt stated that he plans to speak with Senator Nesselbush, one of the sponsors of the legislation and to monitor the bill’s progress. In response to Commissioner Corrente, Staff Attorney Gramitt stated that there is not currently an analogous proposal in the House. The final order of business was: New Business. Chair Cheit informed that the Personnel Subcommittee meeting that had been scheduled for Tuesday, March 13, 2018, was cancelled due to the snow storm and has been rescheduled for Wednesday, March 21, 2018, at 2:00 p.m. Chair Cheit further informed that Commissioner Murray resigned from the Personnel Subcommittee, as he will be away, and Commissioner Lynch will replace him. Chair Cheit stated that the plan for that meeting is to select candidates for interviews to be conducted at the Commission’s following meeting. At 9:59 a.m., upon motion made by Commissioner Murray and duly seconded by Commissioner Lynch, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary