Jason Gramitt, an attorney with the Rhode Island Ethics Commission, did a 90-minute presentation and Q&A tonight with the Council (except Tailgunner Gleason, who was absent), members of the School Committee, several town boards and commissions, and about 20 citizens. He discussed identifying and avoiding conflicts of interest, the process of recusal, and the sometimes delicate questions of gifts.

Throughout his presentation he stressed a common-sense approach. "There's no line that separates ethical and unethical," he said, "It's more of a zone, a big gray zone of 'the appearance of impropriety,' and you don't ever want to be in that zone." When in doubt, he suggested "slow it down and air it out," by talking it over with colleagues, family members, or constituents — a call to the commission is also always an option, and they are happy to offer opinions on any actual (not hypothetical) situations.

The first step, identifying a conflict of interest, might seem straightforward, and Gramitt described three 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 me, a member of my family, or my outside employer, or my business associate.

But there are nuances — family includes everyone out to first cousins, even in-laws. And the definition of "business associates" includes, for example, nonprofit organizations where one is a board member.

And there are exceptions, like the "class exception," which applies "if the impact accrues to you not individually but to a significant number of definable persons, and you are going to get the same benefit as every member of that class." Which is why, for example, the Council can vote on budgets, even though Council members all pay taxes.

"But that's all right. Taxes are going down this year," said Gramitt. He looked around, expecting some response. "Thought i'd get a better laugh out of that..."

"Careful," said Council President Canario, "You're in the zone." That got the laugh.

There's nothing inherently wrong with conflicts of interest, Gramitt stressed. In fact, in a small town like Portsmouth, they are almost inevitable with the web of relatives, business associates, and neighbors (NB — "friends" are not included, since they are impossible to define). Once one identifies a conflict, the right step is to recuse oneself from participation. Not just voting, Gramitt said, but any discussion leading up to the vote. "Once you recuse, you are just member of the public," legally required to leave executive session, and best practice is to get up from the table if an open session, and one must always file a recusal form with the Ethics Commission to have it on record.

Finally, Gramitt discussed gifts: regulations prohibit accepting any amount of cash, individual gifts over $25, and cumulative gifts totally $75 in a calendar year. Sylvia Wedge, School Committee chair, raised the question of free passes to football games given by the schools to the committee. "If it's an important part of the oversight function of the school committee," he said, it might be okay, but if more for entertainment or social value, it would be considered a gift. Jim Seveney summarized: "Thanks for coming. Buy a ticket."

Canario raised the question of a dinner presentation by a major developer. "You may accept gifts of information," said Gramitt. Expensively produced binders, slide shows, talks, even free tuition at informative workshops are all okay — but "food, hotel — that you have to pick up."

"Suppose someone invites you to play golf," asked Pete McIntyre.

"You know the answer to that," Gramitt replied.

Just as with conflicts, there are exceptions — if you receive something as a member of a group where everyone gets the same thing (as the Council did when they attended a charity function where free dinner was unexpectedly provided for all) or if you immediately donate any gifted item to a charitable organization, like giving a pair of Red Sox tickets to the Boys and Girls Town.

The council thanked Gramitt for the presentation, and he reassured them "the people who show up at these things are the ones who didn't need it." If you missed the meeting, you can visit the Rhode Island Ethics Commission web site, or give a call at (401) 222-3790.