Minutes April 4, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 4, 2017 The Rhode Island Ethics Commission held its 4th meeting of 2017 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, April 4, 2017, 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 J. Douglas Bennett Marisa A. Quinn, Vice Chair* Mark B. Heffner** Robert A. Salk, Secretary Timothy Murphy M. Therese Antone 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 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 March 21, 2017. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was VOTED: To approve minutes of the Open Session held on March 21, 2017. AYES: Ross Cheit. ABSTENTIONS: M. Therese Antone; Robert A. Salk; J. Douglas Bennett; and Timothy Murphy. 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: Wade A. Palazini, a former Chief Plan Review Officer with the Rhode Island Division of State Fire Marshal, Department of Public Safety, requests an advisory opinion regarding the application of the revolving door provisions of the Code of Ethics in light of his new private employment with a private fire protection engineering and consulting firm. *Commissioner Quinn arrived at 9:14 a.m. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. **Commissioner Heffner arrived at 9:17 a.m. The Petitioner informed the Commission that he sought this advisory opinion out of an abundance of caution. Commissioner Bennett stated that it is commendable to see petitioners coming forward and proactively requesting advisory opinions. In response to Commissioner Murphy, Staff Attorney Popova Papa confirmed that the advisory opinion does not preclude the Petitioner from interacting with the Department of Public Safety as to ministerial matters. Uponmotion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Wade A. Palazini, a former Chief Plan Review Officer with the Rhode Island Division of State Fire Marshal, Department of Public Safety. The next advisory opinion was that of: Brian C. Tefft, a Principal Wildlife Biologist at the Division of Fish and Wildlife within the Rhode Island Department of Environmental Management, requests an advisory opinion regarding whether, upon his retirement from state employment, anticipated on April 30, 2017, the Code of Ethics prohibits him from accepting a position with a private non-profit entity. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Murphy, Staff Attorney Popova Papa explained that, while the Petitioner will not prepare any documents on behalf of his new private employer, Wildlife Management Institute (“WMI”), that will be presented to the Department of Environmental Management (“DEM”), he is permitted to do research that will be used in WMI’s preparation of documents. In response to Commissioner Heffner, the Petitioner explained that his position with WMI will involve recruiting private landowners to develop wildlife habitats on their properties and networking with consultants who can work with these landowners to develop the right habitats. In further response to Commissioner Heffner, the Petitioner stated that he will not be interacting with DEM because the agency does not deal with wildlife habitats on private land. He informed that private landowners may need to seek permits from DEM, but he would not be involved in that process in any way. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Heffner, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Brian C. Tefft, a Principal Wildlife Biologist at the Division of Fish and Wildlife within the Rhode Island Department of Environmental Management. The next advisory opinion was that of: The Honorable Michael W. Chippendale, a legislator serving in the Rhode Island House of Representatives, requests an advisory opinion regarding whether he may participate in legislation authorizing the Town of Foster to enact a new tax freeze ordinance for the elderly and disabled, given that he is a disabled resident of the Town of Foster who is grandfathered into the Town’s prior tax freeze ordinance. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was present. Staff Attorney Gramitt explained that this is the first advisory opinion request related to legislative acts that is being heard by the Commission since the 2016 election in which the Ethics Commission’s jurisdiction over state legislators was constitutionally restored. In response to Commissioner Heffner, Staff Attorney Gramitt explained that the new tax freeze legislation does not make reference to the old ordinance. He stated that he reviewed the new ordinance and there was no reference to the old one. Staff Attorney Gramitt informed that there are now two tax freeze ordinances in effect in Foster. The Petitioner further clarified that the prospective initiative leaves the prior ordinance intact. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Heffner, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to The Honorable Michael W. Chippendale, a legislator serving in the Rhode Island House of Representatives. The next advisory opinion was that of: Shirlyne Gobern, the Interim Town Manager for the Town of New Shoreham, who is also the Chairperson of the New Shoreham Island Free Library Board of Trustees, requests an advisory opinion regarding whether the Code of Ethics prohibits her from simultaneously serving in both positions. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Bennett, Staff Attorney Popova Papa explained the process for the Town Council to approve the budget. Commissioner Bennett expressed concern with the Petitioner’s role, as Interim Town Manager, in reviewing any line items pertaining to the Library. Discussion ensued regarding whether the Petitioner could recuse from such matters involving the Library. Staff Attorney Popova Papa explained that the Petitioner is not a business associate of the Town or the Library and, therefore, recusal would not be required. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was VOTED: To issue an advisory opinion, attached hereto, to Shirlyne Gobern, the Interim Town Manager for the Town of New Shoreham, who is also the Chairperson of the New Shoreham Island Free Library Board of Trustees. AYES: M. Therese Antone; Robert A. Salk; Timothy Murphy; Mark B. Heffner; Marisa A. Quinn; and Ross Cheit. NOES: J. Douglas Bennett. The final advisory opinion was that of: William J. Penn, a member of the New Shoreham Historic District Commission, a municipal appointed position, requests an advisory opinion concerning whether he may represent himself before the Historic District Commission to seek permission to replace the storm doors on his home. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to William J. Penn, a member of the New Shoreham Historic District Commission. The next order of business was: Legislative Update. Staff Attorney Gramitt explained that, as a registered lobbyist for the Ethics Commission, he periodically provides legislative updates to the Commission regarding new bills or proposals in the General Assembly that could implicate the Code of Ethics. Staff Attorney Gramitt reported that one bill recently introduced in the House would amend § 36-14-5(o) of the Code to narrow the exceptions therein. He explained that this proposal seems related to recent advisory opinions issued by the Commission such as the one to Brian Stern. Staff Attorney Gramitt informed that the bill proposes the elimination of the exception to the revolving door prohibition for state employees who have over five (5) years of uninterrupted state service. The second proposal to §5(o) would add language that would include “department heads” to those covered by the statute. Staff Attorney Gramitt stated that the proposed language seems intended to address situations like that of Richard Licht, who received an advisory opinion permitting him to seek out a judgeship based on the current language of §5(o). Staff Attorney Gramitt informed that he will continue to monitor this bill. Chair Cheit stated that if and when Staff Attorney Gramitt has an opportunity to speak before the General Assembly on this matter, perhaps he could suggest clearer language for §5(o), as the Commission has tried many times to decipher the statute’s intent. Staff Attorney Gramitt then discussed two legislative resolutions relating to amending internal rules. The resolution in the Senate would include a requirement for ethics training. The resolution in the House would clarify recusal procedures for legislators on the floor and in committees. He explained that these proposals are positive signs reflecting an understanding of the Ethics Commission’s restored jurisdiction over legislators. The next order of business was: Director’s Report. Executive Director Willever reported that there were five (5) complaints and seven (7) advisory opinions pending. He stated that four (4) APRA requests were received since the last meeting, all of which were granted within one business day. Executive Session. At 9:50 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Antone, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on March 21, 2017. 2. Collection Actions Update, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). a. In re: Aisha Abdullah-Odiase, Complaint Nos. 2001-34 & NF2002-1. b. In re: Lynne A. Destefano, Complaint No. NF2013-1. 3. Motion to return to Open Session. At 10:10 a.m., the Commission reconvened in Open Session. The next order of business was: Motion to seal minutes of Executive Session held on April 4, 2017. Upon motion made by Commissioner Salk and duly seconded by Commissioner Murphy, it was unanimously VOTED:To seal minutes of the Executive Session held on April 4, 2017. 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 March 21, 2017. [Reporter’s note – The vote was as follows: AYES: Mark B. Heffner; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone; Robert A. Salk; J. Douglas Bennett; and Timothy Murphy.] 2.Unanimously voted (7-0) in the matter of In re: Aisha Abdullah-Odiase, Complaint Nos. 2001-34 & NF2002-1, to find that the unpaid balance of the civil penalty is uncollectible and to formally close the matter. 3. Unanimously voted (7-0) in the matter of In re: Lynne A. Destefano, Complaint No. NF2013-1, to find that the unpaid civil penalty is uncollectible and to formally close the matter. The final order of business was: New Business. There was no new business. At 10:12 a.m., upon motion made by Commissioner Murphy and duly seconded, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________Robert A. Salk Secretary