Minutes April 25, 2017 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION April 25, 2017 The Rhode Island Ethics Commission held its 5th 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 25, 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 Mark B. Heffner** Marisa A. Quinn, Vice Chair John D. Lynch, Jr.** Robert A. Salk, Secretary Timothy Murphy M. Therese Antone James V. Murray* J. Douglas Bennett 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 9:00 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on April 4, 2017. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was VOTED: To approve minutes of the Open Session held on April 4, 2017. AYES: M. Therese Antone; Robert A. Salk; J. Douglas Bennett; Timothy Murphy; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: 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: Philip Overton, a member of the Westerly Town Council, requests an advisory opinion regarding whether the Code of Ethics prohibits him from participating in the Town Council’s discussion and decision-making relative to the selection of an investment advisor for the Town’s police retirement plan, given that the Petitioner is authorized to sell the investment products of one of the applicants on a commission basis. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Chair Cheit, Staff Attorney Popova Papa informed that she discussed the advisory opinion with the Petitioner and he agrees and understands its import. Uponmotion made by Commissioner Murray and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Philip Overton, a member of the Westerly Town Council. The final advisory opinion was that of: Megan P. Douglas, M.D., a member of the Barrington School Committee, requests an advisory opinion regarding the implications of the Code of Ethics, given that her husband regularly appears and provides public comment before the Barrington School Committee regarding various issues including delaying school start times. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was not present. In response to Commissioner Murphy, Staff Attorney Popova Papa stated that being an applicant before a municipality would be an example of being a party, whereas serving as a witness in a matter would constitute being a participant. She explained that having children in the school system does not make one a party or participant because the issue regarding school start time would apply to all parents equally. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Antone, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Megan P. Douglas, a member of the Barrington School Committee. The next order of business was: Director’s Report. Executive Director Willever reported that there were six (6) complaints, ten (10) advisory opinions, and one (1) litigation matter pending. He stated that seven (7) APRA requests were received since the last meeting, all of which were granted within one business day. The next order of business was: Executive Session. *Commissioner Murray left the meeting at 9:12 a.m. At 9:16 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 April 4, 2017. 2. In re: Francis X. Flaherty, Complaint No. 2016-14, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Maxine Cavanagh, Complaint No. 2017-3, 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. **At 10:50 a.m., the Commission reconvened in Open Session, with Commissioners Heffner and Lynch present. The next order of business was: Motion to seal minutes of Executive Session held on April 25, 2017. Upon motion made by Commissioner Murphy and duly seconded by Commissioner Lynch, it was unanimously VOTED: To seal minutes of the Executive Session held on April 25, 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. Unanimously voted (6-0) to approve the minutes of the Executive Session held on April 4, 2017. 2. Voted (5-2) in the matter of In re: Francis X. Flaherty, Complaint No. 2016-14, that probable cause exists to believe that the Respondent violated the Code of Ethics as alleged in the Complaint. 3. Unanimously voted (8-0) to initially determine that the facts alleged in In re: Maxine Cavanagh, Complaint No. 2017-3, 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 the matter of Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. The final order of business was: New Business. There was no new business. At 10:55 a.m., upon motion made by Commissioner Antone and duly seconded by Commissioner Lynch, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary