In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, March 23, 2021 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Donald Gomez
Jerry Sahagian
Joy Montanaro
Ronald Gagnon, RIDEM
Michael Hudner
Trish Reynolds

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Anthony DeSisto, Legal Counsel
Ryan Moore, Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:06 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

2. Ryan Moore, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for a motion regarding the minutes for the March 9, 2021 Semi-monthly Meeting. Motion approve the minutes of 03-09-2021.

Motion: Mr. Hudner
Second: Mr. Gomez

Roll Call Vote:
Vice Chair Coia Aye
Mr. Sahagian Aye
Mr. Hudner Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Motion carried to approved minutes from 03-09-2021 meeting.

4. SUBCOMMITTEE REPORTS:

Mr. Boyd updated the Council on the following:

• ROW Subcommittee meet earlier today to discuss Portsmouth Row as well
  Recommendation was for legal counsel to do due diligence as well as staff to start scheduling the public meetings for municipalities -- discuss ROW.

5. STAFF REPORTS:

Mr. Willis updated the Council on the following:

• Cable reburial effort on Block Island continues to be on schedule with a completion date of late April - early May.
• Aquaculture as element of Bay SAMP

6. Discussion on the utilization of outside counsel in the Vineyard Wind offshore renewable energy project’s Consistency Certification review

Mr. DeSisto addressed the Council regarding the utilization of outside counsel in the Vineyard Wind matter stating that he was appointed as CRMC’s Legal Counsel in 2016 and only one instance during that time was an outside Counsel utilized by CRMC. The outside Counsel was Attorney Dan Prentiss. Mr. DeSisto stated that he was unable to find a retainer agreement or any fee agreement between CRMC and Mr. Prentiss and that after speaking with CRMC staff he is confident that there was no retainer or fee agreements for this engagement of outside legal services.

Mr. DeSisto stated that he was aware of the hire and aware of the work that he did but did not work with him on those matters. Mr. DeSisto was asked by the Executive Director to participate in negotiations with the FAB on the settlement for mitigation issue.

Mr. DeSisto stated that he is aware that payment in the approximate amount of $8,000 was remitted to Mr. Prentiss recently and that Mr. Willis had the exact figures.

Mr. Sahagian asked Chair Cervenka if she was informed that Mr. Prentiss was retained by CRMC. Chair Cervenka stated she was informed around the time CRMC was working on the consistency certification. Mr. DeSisto clarified the timeframe was 2018 and that due to Vineyard Wind retaining a large DC law firm, there was need for additional legal help.

Mr. Sahagian asked why Mr. Prentiss was chosen and if anyone else was interviewed. Chair Cervenka stated that Mr. Fugate, CRMC’s former Executive Director, chose Mr. Prentiss.

Mr. Sahagian asked Chair Cervenka about her knowledge of state requirements in regards to hiring outside counsel. Chair Cervenka stated she was not aware of rules of engagement for outside counsel with payment in an amount over $5,000.

Mr. Sahagian, stating that he had done some research on the RI Supreme Court Disciplinary Panel, stated that Mr. Prentiss should have known about Rule 1.5 which indicates that it is up to the attorney to know the rules and regulations and expressed concern that Mr. Prentiss should have recognized the hire as improper.

Mr. Sahagian expressed his concern regarding a brief written by Mr. Prentiss in which he called the members of CRMC amateurs, accusing members of acting with brazen illegal activities and being secretive regards to a contested case. Mr. Sahagian stated that he had concerns that the Council was unaware of the retaining of outside legal counsel. Mr. Sahagian also expressed concerns that Mr. Prentiss’s disparaging and erroneous statements were quoted in the Providence Journal and EcoRI.

Mr. Sahagian, stating that there was no written agreement between the two parties, asked how Mr. Prentiss derived the amount to charge CRMC and add interest due to late payment. Mr. Sahagian stated that

Mr. Sahagian expressed his concerns that Mr. Prentiss violated rules and regulations regarding written fee agreement requirements and attorney-client privilege in his statements to the news outlets.

Vice Chair Coia expressed his concern regarding comments made in Mr. Prentiss’ brief regarding his involvement in the Champlin’s matter.

Chair Cervenka asked if it might be prudent for her to recuse herself from the meeting as the Council members concerns were mainly in regards to a brief that was written regarding the Champlin’s matter.

Vice Chair Coia questioned Mr. DeSisto on whether CRMC should file a complaint with the disciplinary board due to comments Mr. Prentiss put in writing and has spoken about one of his clients engaging in blatantly illegal procedures. Vice Chair Coia quoted Mr. Prentiss’ brief. Vice Chair Coia expressed concern that he and the Council were perceived as criminals.

Chair Cervenka recused herself as the brief that was being discussed and the matter being discussed was connected to the Champlin’s matter.

Mr. DeSisto stated that he would like to take the requests under advisement and discuss the process in Executive Session as the Agenda was not set up for that type of advice. Vice Chair Coia also asked Mr. DeSisto to take under advisement whether or not there were any breaches to the RI Ethics Statute when Mr. Prentiss was getting paid by his clients regarding Champlin’s and then took CRMC on as a client for payment, who was also a party to the case he represented 17 years ago.

Mr. DeSisto stated that the Code of Ethics if different than that of the Code of Professional Responsibility and that he would take it under advisement.

Mr. Sahagian expressed concern that the Council was being represented by Mr. Prentiss and the Council was not told about it and that Mr. Prentiss was making comments about the Council both in public and in his brief.

Mr. DeSisto confirmed that the Council did not vote to retain Mr. Prentiss and that there was never a discussion at the Council level to retain additional counsel for Vineyard Wind project. Mr. DeSisto stated that he was not consulted but was told Mr. Prentiss would be retained as additional counsel for the Vineyard Wind project. Mr. DeSisto stated that the Executive Director felt that additional legal support was needed and he engaged Mr. Prentiss. Mr. DeSisto stated that he completed the work on the negotiation on mitigation for the coastal effects through the Fishermen’s Advisory Board.

Mr. Sahagian asked if the Chair’s recusal from Champlin’s relieve her of the obligation to inform the Council that Mr. Prentiss was representing the Council. Mr. DeSisto stated that he would have expected that it would have been addressed with the Council by the executive director. Mr. DeSisto confirmed that the legal advice and legal services were give strictly at the staff level. Mr. DeSisto stated that he was not involved in the activities on the staff level or asked to supervise.

Mr. Sahagian asked Mr. DeSisto to research Rules 1.5, 1.6 and 1.7 and stated that a vote has to be taken for anything involving the Council over $5,000.00.

Mr. Sahagian stated he hoped to hear from other Council members

Mr. Gomez expressed his concern that Mr. Prentiss’s opinions were being written about as fact in the Providence Journal and other news outlets. Mr. Gomez stated he wanted a retraction written from Mr. Prentiss in the Journal and other news outlets. Mr. Gomez suggested taking Mr. Prentiss to court.

Mr. DeSisto stated that Mr. Prentiss’s clients hired a public relations firm and that they are generating much of the content that was reported by GoLocalProv news site. Mr. Gomez expressed concern that there was not fact checking done on any of the information.

Vice Chair Coia asked why CRMC was not writing to defend the Council.

Mr. DeSisto stated that the agency had decided to litigate the matter in Supreme Court rather than engage in a public relations battle. Mr. Gomez asked if the matter bypassed appeals court. Mr. DeSisto said no.

Ms. Montanaro stated that she agreed with Mr. Sahagian, Vice Chair Coia and Mr. Gomez. Ms. Montanaro suggested a public statement explaining why the Council did what they did and how it was done as well as condemning the attorney for the negative comments about the Council. Ms. Montanaro stated that she was not involved in the Champlin’s case, other than in the issue of mediation, and did not appreciate the insulting comments being stated and printed.

Mr. Hudner stated that he was sympathetic to the remarks being made by the Council and had been in similar situations through his career. Mr. Hudner stated that there must be the appropriate time and place to defend oneself but that he agreed that there must be defense of the Council but questioned how it should be done.

Mr. DeSisto stated he understood and was sympathetic but that the fact was the matter is before the Supreme Court and that audience is not swayed by media reports. Mr. DeSisto felt strongly that engaging in a Public Relations campaign was not necessary to prove the case and that the argument should be done before the Supreme Court.

Mr. DeSisto advised the Council to stay within the boundaries of the Open Meetings Act and not go beyond what was listed on the Agenda.

Mr. Sahagian agreed with Mr. DeSisto and asked that Mr. DeSisto take some time to think about how to proceed in regards to the 4 or 5 legal violations. Mr. Sahagian stated he understood that a brief detailing the logic/rationale of what really happened and that the Supreme Court will weigh the evidence as presented rather than being swayed by the erroneous information Mr. Prentiss said in news articles written in the Providence Journal. Mr. Sahagian agreed that a Public Relations campaign was not needed.

Mr. Gomez agreed with Mr. Hudner and Mr. Sahagian in regards to a Public Relations campaign at the moment but suggested something just be done in the future.

Mr. Hudner thanked Mr. DeSisto for his good advice.

Mr. Sahagian asked if Mr. DeSisto wanted to report back to the Council on issues that were raised.

Mr. DeSisto stated he would like a few weeks to research and bring back to the Council.

It was decided that the Mr. DeSisto would readdress the Council’s concerns at the Semimonthly meeting of Tuesday, April 13, 2021.
Chair Cervenka re-entered the meeting.

Mr. DeSisto explained that the Council had a good discussion, he understood his next steps and that it was time to adjourn.

8. ADJOURN

Motion: Mr. Sahagian
Second: Mr. Hudner
Motion carried on unanimous vote

Meeting adjourned at 6:50 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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