Minutes April 10, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 10, 2018 The Rhode Island Ethics Commission held its 8th 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, April 10, 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 J. Douglas Bennett Marisa A. Quinn, Vice Chair Arianne Corrente Robert A. Salk, Secretary Timothy Murphy M. Therese Antone The following Commissioner(s) were not present: John D. Lynch, Jr., 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 9:03 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on March 27, 2018. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was VOTED: To approve the minutes, as amended, of the Open Session held on March 27, 2018. AYES: J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone, and Robert A. Salk. The next order of business was: Approval of extension of time to approve minutes of Open Sessionheld on April 4, 2018. In response to Chair Cheit, Senior Staff Attorney D’Arezzo stated that the basis for the motion was insufficient time to prepare the minutes of the April 4, 2018 Commission meeting for approval at today’s meeting. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Quinn, it was unanimously VOTED: To extend time to approve the minutes of the Open Session held on April 4, 2018. 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: Robert Moreno, a Research/Executive Assistant at the Pawtucket Housing Authority, requests an advisory opinion regarding whether the Code of Ethics prohibits him from seeking election to the Pawtucket School Committee, a municipal elected position. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. Upon motionmade by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Robert Moreno, a Research/Executive Assistant at the Pawtucket Housing Authority. The next order of business was: Director’s Report. Executive Director Willever reported that there were nine (9) complaints, including one (1) non-filing complaint, eleven (11) advisory opinions, and one (1) preliminary investigation pending. He informed that seven (7) APRA requests were received since the last meeting, five (5) of which were granted within one business day, one (1) which was denied on the basis that it sought investigatory records, and one (1) which was pending because it involved extensive research but would be granted within the ten-day period required by APRA. Executive Session. At 9:09 a.m., uponmotion made by Commissioner Murphy 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 March 27, 2018, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 2. Motion to extend time to approve minutes of Executive Session held on April 4, 2018, pursuant to R.I. Gen. Laws § 42-46-5(a)(1). 3. Motion to return to Open Session. The Commission reconvened in Open Session at 9:10 a.m. 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 (5-0) to approve the minutes of the Executive Session held on March 27, 2018. [Reporter’s Note: The vote was as follows: AYES: J. Douglas Bennett; Arianne Corrente; Timothy Murphy; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: M. Therese Antone, and Robert A. Salk. 2. Unanimously voted (7-0) to extend time to approve the minutes of the Executive Session held on April 4, 2018. The next order of business was: Advisory Opinions, continued. The final advisory opinion was that of: John F. Mahoney, a member of the Scituate Town Council, requests an advisory opinion regarding whether he may appear before the Scituate Plan Commission, the members of which the Town Council appoints, to obtain a preliminary/final approval of his Comprehensive Permit Application. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Commissioner Bennett, the Petitioner informed that there are five members of the Plan Commission and two alternates. He further informed that the Town Council individually appoints the Plan Commission members by a majority vote. He stated that each Plan Commission member receives an annual stipend of $4,000. In response to Chair Cheit, the Petitioner stated that he ran for his current position in July/August of 2016 and that he realized following his election and speaking with the Solicitor that he may have a conflict with respect to appearing before the Plan Commission. In response to Commissioner Murphy, the Petitioner informed that he purchased the subject land in early 2016. In response to Chair Cheit, the Petitioner stated that he would suffer significant financial loss if he is unable to appear before the Plan Commission. Chair Cheit stated that this advisory opinion was a close decision, given that it involves a commercial venture, but the restrictions set forth therein are clear. Commissioners Murphy and Bennett cautioned the Petitioner to closely follow the direction in the advisory opinion. Upon motionmade by Commissioner Antone and duly seconded by Commissioner Corrente, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to John F. Mahoney, a member of the Scituate Town Council. 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 House Bill – H 8042. Act to amend § 36-14-16 to require that any financial disclosure statement filed with the Ethics Commission be made available for public inspection through the Commission’s website within two (2) business days of its filing. Takes effect upon passage and will apply to statements that are due April 27, 2018 and thereafter. Staff Attorney Gramitt informed the Commission of a bill recently introduced in the House that would require the Commission to make financial disclosure statements available on the Commission’s website within two (2) business days of filing. He stated that, if passed, the requirement would apply to statements that are due April 27, 2018, and any that are filed thereafter. Staff Attorney Gramitt explained the current process for making financial disclosure statements available to the public. He stated that, in the past, the statements of the General Officers and members of the General Assembly were accessible online, but this was not practicable for the remaining 4,000 filers. He explained that the Staff currently makes the statements available on a same-day basis by emailing them immediately upon receipt of a request. He informed that in 2016, at the request of Common Cause, the Commission considered the issue of making all statements accessible online. Notice was sent regarding a public workshop to be held and comments were solicited. Staff Attorney Gramitt noted that seven responses were received, only one of which expressed a strong interest in having the statements accessible online, while the other comments expressed privacy concerns. He stated that the Commission decided to keep the current process in effect for making statements available upon request. Staff Attorney Gramitt further noted that there would likely be an additional cost associated with making all 4,000+ statements accessible online and the Commission would need to explore the potential cost and perhaps submit a supplemental budget request. Staff Attorney Gramitt informed that the Staff has been exploring different ways to implement a system for online access and that he will be meeting the state’s IT department as well as with the Commission’s vendor for online filing, RI Interactive, to discuss these issues. Staff Attorney Gramitt stated that the same concerns raised in 2016 apply to this new bill. He further stated that, if the Commission approves, he will attend the hearings to provide information without voicing any objection. In response to Commissioner Corrente, Staff Attorney Gramitt stated that the bill does not discuss rules or regulations pertaining to making statements accessible online. Chair Cheit commented about former Commissioner John LaCross, a police chief, who did not favor online access to financial disclosure statements, given his line of work. Chair Cheit requested that Staff Attorney Gramitt discuss the privacy concerns that had been raised by filers in the Commission’s 2016 workshop. Commissioner Corrente concurred and stated that for some filers there is trepidation over online access to personal information. Discussion ensued regarding the possibility of redacting or encrypting personal information if the General Assembly mandates online access to financial disclosure statements. In response to Commissioners Quinn and Corrente, Staff Attorney Gramitt informed that currently the entire financial disclosure statement is available to the public and media. Chair Cheit stated that filers need to be apprised of the fact that their statements are readily available upon request and will be electronically accessible if the bill passes. Commissioner Corrente commented that if the bill passes, it will be incumbent on the Commission to inform filers of the new law. Commissioner Murphy and Chair Cheit stated that the Commission is not opposed to this bill or its import and will support any legislative mandate in this regard. The next order of business was: Resolution of the Rhode Island Ethics Commission in Recognition and Profound Appreciation of Distinguished Service by Executive Director/Chief Prosecutor Kent A. Willever. Chair Cheit read the following proposed Resolution into the Commission’s official record: RESOLUTION OF THE RHODE ISLAND ETHICS COMMISSION IN RECOGNITION AND PROFOUND APPRECIATION OF DISTINGUISHED SERVICE BY KENT A. WILLEVER, ESQ., EXECUTIVE DIRECTOR/CHIEF PROSECUTOR FROM 2001–2018. WHEREAS, on June 19, 2001, the Rhode Island Ethics Commission voted to hire Kent A. Willever, the former Chief Judge of the Navy-Marine Corps Court of Criminal Appeals in Washington D.C., as the Ethics Commission’s Executive Director and Chief Prosecutor; and WHEREAS, Kent A. Willever immediately began work to restore the Ethics Commission’s staffing to necessary levels, to address longstanding backlogs in advisory opinions and complaints, to focus on compliance and accountability in financial disclosure, and to restore the Ethics Commission’s reputation as a diligent, independent and nonpartisan guardian of public trust in government; and WHEREAS, as the longest serving Executive Director in the Ethics Commission’s history, Kent A. Willever is widely regarded for his effective leadership, having guided the Ethics Commission through both calm seas and troubled waters for over sixteen years with honor, integrity and great distinction. Therefore, it is hereby RESOLVED, that the Rhode Island Ethics Commission formally acknowledges and extends its profound appreciation to Kent A. Willever for his many years of distinguished service to the People of the State of Rhode Island by leading the Rhode Island Ethics Commission’s critical mission to foster ethical and accountable government administration in Rhode Island. Upon motion made by Chair Cheit and duly seconded by all other Commissioners present, it was unanimously VOTED: To adopt the Resolution of the Rhode Island Ethics Commission, previously read into the record, in recognition and profound appreciation of distinguished service by Executive Director/Chief Prosecutor Kent A. Willever. Executive Director Willever addressed the Commission and extended his appreciation to the people of Rhode Island for whom the Commission serves. He also expressed gratitude to the Commission for its guidance and courageous and time-consuming work. Executive Director Willever thanked the entire Staff who have been helpful and kind throughout his tenure. He stated that eight of the twelve current Staff members have worked with him for more than a decade, and he particularly thanked the four longstanding employees who were present on his first day in 2001: Senior Staff Attorney Katherine D’Arezzo, Financial Disclosure Officer Michelle Berg, Chief Investigator Steven Cross, and former Office Manager Patricia Barker. He expressed his confidence in the incoming Executive Director, Jason Gramitt, and wished him well. Finally, Director Willever extended special appreciation to his wife, Nina Willever. At 9:54 a.m., upon motion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary