Minutes June 21, 2016 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION June 21, 2016 The Rhode Island Ethics Commission held its 8th meeting of 2016 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, June 21, 2016, 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 Frederick K. Butler* Robert A. Salk, Secretary Timothy Murphy M. Therese Antone Marisa A. Quinn 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 Attorney Teresa Giusti; and Commission Investigators Steven T. Cross, Peter J. Mancini and Gary V. Petrarca. At 9:02 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on June 7, 2016. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To approve minutes of the Open Session held on June 7, 2016. AYES: Robert A. Salk; Timothy Murphy; Marisa A. Quinn; Ross Cheit. ABSTENTIONS: M. Therese Antone. The next order of business was: Advisory Opinions. The advisory opinion was based on a draft advisory opinion prepared by Commission Staff for review by the Commission and was scheduled as an item on the Open Session Agenda for this date. *Commissioner Butler arrived at 9:04 a.m. The only advisory opinion was that of: Mario P. Celico, a member of the Westerly Town Council, requests an advisory opinion regarding whether he may participate in the Town Council’s discussions and voting relative to the management and annual funding of the Town’s police pension fund, given that he is a retired Westerly police officer and pension recipient. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was not present. Commissioner Murphy inquired as to what public interest the class exception serves. Staff Attorney Gramitt explained the rationale that government cannot operate without it, and he provided the example of a town council that must set the municipal tax rate, notwithstanding the fact that all of its members would be impacted. Chair Cheit observed that it is less likely that a person is using their office for private financial gain if their gain is the same as that of a lot of other individuals. Commissioner Murphy stated that it becomes more of a personal interest versus a public interest when pension issues are involved, and he noted that there are 91 people impacted here. Staff Attorney Gramitt explained that class size is only one factor that the Commission considers in applying the exception. Chair Cheit stated his belief that the size of the impact is as important, if not more so, than the size of the class. Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Mario P. Celico, a member of the Westerly Town Council. [Reporter’s note: Dinna Finnegan’s request for an advisory opinion was withdrawn on June 10, 2016.] The next order of business was: Legislative Update: A discussion of the Commission’s legislative agenda and priorities for 2016, including: House Resolution 8189 Sub A and Senate Resolution S2953 Sub A. Staff Attorney Gramitt advised that the House and Senate both passed ethics reform legislation last week that removed language regarding a moratorium on election season ethics complaints from the proposal going to the voters in November. He informed that the legislative leaders were willing to remove the moratorium language due to the Commission’s quick action to propose rulemaking in this area, with a public hearing to be held in July. He stated that the legislation passed as a joint resolution to amend the Constitution, which does not require the Governor’s signature, and, therefore, will be on the November ballot. The next order of business was Executive Session. At 9:18 a.m., upon motion 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 minutes of Executive Session held on June 7, 2016, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 2. In re: William W. O’Brien, Complaint No. 2016-8, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. In re: Thomas Rose, Jr., Complaint No. 2016-9, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 4. Motion to return to Open Session. At 9:37 a.m., the Commission reconvened in Open Session. 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 to approve the minutes of the Executive Session held on June 7, 2016. 2. Unanimously voted (6-0) to initially determine that the facts alleged inIn re: William W. O’Brien, Complaint No. 2016-8, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. 3. Unanimously voted (6-0) to approve an Informal Resolution & Settlement in the matter ofIn re: William W. O’Brien, Complaint No. 2016-8. 4. Unanimously voted (6-0) to initially determine that the facts alleged in In re: Thomas Rose, Jr., Complaint No. 2016-9, if true, are sufficient to constitute a knowing and willful violation of the Code of Ethics and authorized an investigation. The next order of business was: Director’s Report. Executive Director Willever reported that there were four (4) complaints and five (5) advisory opinions pending. He stated that twenty (20) APRA requests were received since the last meeting, nineteen (19) of which were granted within one business day and one (1) of which was still under review. Chair Cheit inquired about the Staff Attorney I vacancy. Executive Director Willever stated that he submitted a request to upgrade and fill the position as a Staff Attorney II, which he anticipated would be done by August. The next order of business was: New Business Chair Cheit emphasized the importance of the July 19th meeting, when the Commission will conduct its public hearing regarding a proposed regulation that would establish a moratorium on the filing of ethics complaints against declared candidates for elective office during a 90-day period leading up to a general or special election. The next order of business was: Motion to Seal Executive Session Minutes Upon motion made by Commissioner Antone and duly seconded by Commissioner Murphy, it was unanimously VOTED: To seal the minutes of the Executive Session held on June 21, 2016. At 9:42 a.m., upon motion made by Commissioner Butler and duly seconded by Commissioner Murphy, it was unanimously VOTED: To adjourn. Respectfully submitted, __________________ Robert A. Salk Secretary