RI Ethics Commission Attorney Jason Gramitt addresses officials

The Portsmouth Town Council chambers were packed tonight, as over 60 elected and appointed officials and town employees came out for a presentation and Q&A session with RI Ethics Commission attorney Jason Gramitt. Councilors Peter McIntyre, Keith Hamilton, and Jim Seveney, as well as school committee member Cynthia Perrotti attended, as well as members of many appointed boards and commissions.

Gramitt complimented the town on the turnout. "I was at a municipality last night where there were 8 people," he said. "It means a lot that this many people take the extra time."

He also reassured the officials in the audience that Portsmouth does well in this area. "I'm a proud resident of Island Park, and our Executive Director, Kent Willever, is a resident of Portsmouth. You always deliver. We breathe a sigh of relief when we don't have to worry about our own town."

But that didn't mean he was letting anybody off the hook: "I assume that if you came here tonight, you have at least one question."

For the first part of the hour-long session, Gramitt provided an overview of the Ethics Commission, established by constitutional amendment in 1986 with jurisdiction over all public employees and a mandate to address conflicts of interest and financial disclosure.

Gramitt stressed that it is not the conflict between public duties and private life which is the problem. "We expect everyone to have them. What violates the code of ethics is when you have that conflict of interest and don't do anything about it."

He stepped through a series of tests. Is it "reasonably forseeable" that
1. A decision I am helping to make,
2. Will result in a financial benefit or detriment,
3. To: A) Me, B) A member of my family, C) My outside employer, or D) My business associate
4. Or, even if no financial impact, is a family member a party to, or participant in, the matter being discussed.

"There is no such thing as a conflict of interest that is too small," Gramitt said. And family members, under the new nepotism rules, go out to first cousin.

Business associates means people with active or forseeable relationships. "That lawyer who represented so-and-so a couple of years ago," said Gramitt, wouldn't count. But membership on boards — even of nonprofit associations — would. He gave the example of a Little League officer also on the School Committee who might run into a conflict if they were asked to provide a field at a reduced rate.

And while there are cases where private interest and public duty might seem to conflict — for example, voting on tax rates — there is a "class exception" where the official or relative is a member of a large class and receives no particular benefit.

And what do you do when you find you have a conflict? Recuse yourself, and do it right up front. "The moment the matter is called," said Gramitt, "Not when the discussion is over and it's time for a vote."

He discussed the best practices around recusal. "I'll tell you what the law requires," he said, "But because this is my town, I'm going to give you advice on how to do it better than that." Once you recuse, he said, you are a member of the public, so if it's an executive session you need to leave. If it's open, you're allowed to be in the room. But as to staying on the dais, "There's nothing in the code that says you must get up from that chair," Gramitt said. "But, would you allow a member of the public to sit in an empty chair during a Council session? Best practice is to get up from the chair and sit in the audience with the rest of the public."

He suggested you might even want to leave the room, "If it's a hotly contested issue and you can't control yourself."

Gramitt talks with Town Administrator Bob Driscoll and Council President Pete McIntyre

Conflicts many times, said Gramitt, are not clear cut. "Think of football field with the 50-yard line separating ethical from unethical behavior. People sometimes think they can march right up to the 50 yard line," Gramitt said. "You really need to go back 10 yards on each side. It's a big gray zone. That's where all those questions are going to fall." And the best advice: "Stay out of the zone. Hold yourself to that higher standard."

The evening wrapped up with a discussion of gift regulations (no cash, no gifts over $25 or $75 worth in a calendar year from any interested parties) and a question-and-answer session.

Resources:
RI Ethics Commission Web site
Phone number: (401) 222.3790
See previous coverage from March, 2007.