Minutes May 23, 2017

MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION

May 23, 2017

The Rhode Island Ethics Commission held its 6th 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, May 23, 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                   John D. Lynch, Jr.

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 9:05 a.m., the Chair opened the meeting.  The first order of business was:

Approval of minutes of the Open Session held on April 25, 2017.

Upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously

VOTED:  To approve minutes of the Open Session held on April 25, 2017. 

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: 

Wayne M. Kezirian, Esq., the Chair of the Rhode Island Public Transit Authority, requests an advisory opinion regarding whether he may accept an offer from TransitCenter, a New York based nonprofit foundation that offers no products or services for compensation, to pay for his travel and participation expenses relative to a two-day workshop for transit agency board members being held in Minneapolis, Minnesota.    

Staff Attorney Gramitt presented the Commission Staff recommendation.  The Petitioner was present.  The Petitioner addressed the Commissioner and explained how TransitCenter was formed.  In response to Commissioner Bennett, the Petitioner stated that TransitCenter does not solicit funds and that the agency’s IRS Form 990 indicates that its funding is serviced primarily from investment of its approximately $75 million endowment.  Uponmotion made by Commissioner Salk and duly seconded by Commissioner Heffner, it was unanimously

VOTED:  To issue an advisory opinion, attached hereto, to Wayne M. Kezirian, Esq., the Chair of the Rhode Island Public Transit Authority.          

The next advisory opinion was that of:

Thomas L. Papa, the former Chief of Staff to the Senate President, requests an advisory opinion regarding whether he may, within one year of leaving his Senate employment, accept new employment as the Governor’s Director of Boards and Commissions. 

Staff Attorney Gramitt presented the Commission Staff recommendation.  The Petitioner was present along with his attorney, John Roney, Esq.  Upon motion made by Commissioner Heffner and duly seconded by Commissioner Quinn, it was unanimously

VOTED:  To issue an advisory opinion, attached hereto, to Thomas L. Papa, the former Chief of Staff to the Senate President. 

The next advisory opinion was that of:

Teresa Paiva Weed, a former member of the Rhode Island Senate, who served as President of the Senate from 2009 through March 2017, requests an advisory opinion regarding the application of the Code of Ethics, particularly its post-employment/revolving door  provisions, to her new employment as the President of the Hospital Association of Rhode Island. 

Staff Attorney Gramitt presented the Commission Staff recommendation.  The Petitioner was present along with her attorney, John Roney, Esq.  The Petitioner addressed the Commission and commended the Staff for being helpful throughout this process.  She explained that she sought the advisory opinion for transparency purposes and to obtain guidance under the Code of Ethics. 

In response to Commissioner Heffner, Staff Attorney Gramitt stated that the Petitioner is free to represent the interests of HARI before any agency or body other than the General Assembly until the conclusion of the year.  The Petitioner confirmed that she left her public employ on April 1st.  Upon motion made by Commissioner Quinn and duly seconded by Commissioner Lynch, it was unanimously

VOTED:  To issue an advisory opinion, attached hereto, to Teresa Paiva Weed, a former member of the Rhode Island Senate.

The next advisory opinion was that of:

Maria Lucia Stoddard, a member of the East Providence Board of Assessment Review, requests an advisory opinion regarding the application of the Code of Ethics to her participation in matters before her agency, given her business associations with persons who may be involved with, or impacted by, such matters. 

Staff Attorney Popova Papa presented the Commission Staff recommendation.  The Petitioner was not present.  Upon motion made by Commissioner Heffner and duly seconded by Commissioner Quinn, it was unanimously

VOTED:  To issue an advisory opinion, attached hereto, to Maria Lucia Stoddard, a member of the East Providence Board of Assessment Review.

The next advisory opinion was that of:

Joseph Gonsalves, a member of the Board of Directors for the Central Falls Detention Facility Corporation, requests an advisory opinion regarding the application of the Code of Ethics’ nepotism provisions given that his son-in-law has applied, and is a finalist, for a correctional officer position within the Donald W. Wyatt Detention Facility. 

Staff Attorney Popova Papa presented the Commission Staff recommendation.  The Petitioner was not present.  Commissioner Quinn asked Staff Attorney Popova Papa whether the Board reviews the Warden.  Commissioner Quinn expressed that she wanted to ensure that successor wardens are aware of the relationship between the Petitioner and his son-in-law, if hired, and any conflicts that could result therefrom.  Chair Cheit stated that, if the Commissioners have concerns, perhaps the Petitioner should be asked to appear before the Commission to answer any questions.  Commissioner Lynch was concerned about placing a burden on the Board members to ensure that everyone knows about the Petitioner and his son-in-law’s relationship.  Commissioner Lynch further stated that the Commissioner does not have authority to manage the other Board members.  In response to Commissioner Bennett, Staff Attorney Popova Papa stated that the Board votes on employment contracts as a whole.  Discussion further ensued as to whether the Petitioner should appear before the Commission.  In response to Chair Cheit, Staff Attorney Popova Papa explained that the Petitioner could not appear because he is a sheriff at the courthouse and is assigned to a particular judge, but she would explain to him that the Commission has questions for him before it can issue the advisory opinion.  Accordingly, the advisory opinion was continued until such time as the Petitioner can appear. 

The next advisory opinion was that of:

The Honorable Jeremiah T. O’Grady, a state legislator serving in the Rhode Island House of Representatives, who in his private capacity is employed by a private non-profit community development organization, a member of the Board of Directors for the Central Falls Detention Facility Corporation, requests an advisory opinion regarding whether he may participate in discussions and decision-making regarding tax legislation impacting deed-restricted affordable rental housing, given that his private employer develops and owns such housing.  

Staff Attorney Popova Papa presented the Commission Staff recommendation.  The Petitioner was not present.  Commissioner Bennett commented on the Petitioner’s letter and commended its candor.  He also asked whether the Commission could render a general opinion as opposed to conducting a bill-by-bill analysis.  In response, Staff Attorney Popova Papa explained that there are too many variables involved for a general opinion to be made.  Commissioner Quinn asked how a decision is made in a case like this with respect to application of the class exception where there exists a subset of a larger group that consists of three large urban centers.  In response to Commissioner Heffner’s query, Staff Attorney Popova Papa responded that the Commission Staff’s analysis concerning the Petitioner’s recusal was limited only to the last or third subset of bills discussed in the advisory opinion, namely, the deed-restricted affordable rental housing category.  Discussion ensued regarding whether the Commission should provide broader guidance than that reflected in the advisory opinion.  Staff Attorney Gramitt addressed the Commission and explained that, while the Commission can provide broader guidance, it can be dangerous to do so. 

Further discussion ensued as to whether a class of 68 owners, as reflected in the last subset of bills in the advisory opinion, was sizable enough to trigger the class exception.  Commissioners Bennett, Salk, Heffner stated that they still have questions on this bill and would like the Petitioner to be present before voting on that part of the advisory opinion.  The Commissioners concurred that they would be comfortable with voting on the first and second subsets of the advisory opinion regarding House Bill 5912 and Senate Bills 125 and 128, but that they would request the Petitioner appear to address further questions regarding the third subset of bills, namely, Senate Bill 114.  Upon made by Commissioner Heffner and duly seconded by Commissioner Lynch, it was unanimously

VOTED:           To issue an advisory opinion, attached hereto, to The Honorable Jeremiah T. O’Grady, with respect only to the House Bill 5912 and Senate Bills 125 and 128.

Commissioner Bennett left the meeting at 10:10 a.m. and returned at 10:13 a.m.

The final advisory opinion was that of:

Charles A. Collins, Jr., a member of the Scituate Town Council, requests an advisory opinion regarding whether he may continue to sell heating oil to Rockland Oaks, a senior low-income housing development owned by the Scituate Housing Authority. 

Staff Attorney Gramitt presented the Commission Staff recommendation.  The Petitioner was not present.  Commissioner Heffner stated that he was more comfortable with the analysis regarding employment pre-dating the official’s election to office than with viewing entities as third parties.  Commissioner Salk asked Staff Attorney Gramitt to explain the subcontractor-vendor analysis.  Staff Attorney Gramitt explained that a public official is not permitted to be a vendor, for example, for his own town, but can be an employee of a town vendor.  Staff Attorney Gramitt also stated that a quid pro quo would constitute a violation of the Code of Ethics as well as criminal statutes.  Upon motion made by Commissioner Heffner and duly seconded by Commissioner Lynch, it was unanimously

VOTED:           To issue an advisory opinion, attached hereto, to Charles A. Collins, Jr., a member of the Scituate Town Council. 

The next order of business was:

Director’s Report.

Executive Director Willever reported that there were six (6) complaints, thirteen (13) advisory opinions, and one (1) litigation matter pending.  He stated that twenty-six (26) APRA requests were received since the last meeting, twenty-three (23) of which were granted within one business day, two (2) were granted within ten (10) business days, and one (1) was granted within sixteen (16) days as the requested documents required redacting and scanning.  Executive Director Willever commended the Commission’s Administrative Staff for their hard work in processing these requests, and, on behalf of the Commission, Chair Cheit echoed said sentiments. 

The next order of business was:

Executive Session.

At 10:20 a.m., upon motion made by Commissioner Quinn and duly seconded, it was unanimously

VOTED:  To go into Executive Session, to wit:

1.      Motion to approve the minutes of the Executive Session held on April 25, 2017.

2.      In re: Thomas Rose, Jr., Complaint No. 2016-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4).

3.      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).

4.      Motion to return to Open Session.

After a short break, the Commission reconvened in Executive Session at 10:27 a.m.

The next order of business was:

Motion to seal minutes of Executive Session held on May 23, 2017.

Upon motion made by Commissioner Heffner and duly seconded by Commissioner Salk, it was unanimously

VOTED:  To seal minutes of the Executive Session held on May 23, 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 25, 2017.

2.      Unanimously voted (6-0) in the matter of In re: Thomas Rose, Jr., Complaint No. 2016-9, to approve the Informal Resolution & Settlement, as amended, and impose a civil penalty of $500.   

3.      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.

Chair Cheit stated that yesterday materials addressed to him as Chair were hand-delivered to the Commission Office.  He stated that the person who prepared and submitted the materials does not appear to have standing but does raise a personnel matter that should be examined.  Chair Cheit advised that he would appoint a subcommittee to examine the matter and report back regarding its findings.  This subcommittee will have the assistance of a Staff Attorney to ensure compliance with the Open Meetings Act.  Chair Cheit asked Commissioner Heffner to chair the subcommittee and appointed Commissioners Bennett and Lynch thereto.  He asked the subcommittee to report back at the next Commission meeting if possible. 

At 10:46 a.m., upon motion made by Commissioner Heffner and duly seconded by Commissioner Bennett, it was unanimously

VOTED:  To adjourn.  

Respectfully submitted,

______________________________

Robert A. Salk

Secretary