Eastbayri.com

EAST PROVIDENCE — The Rhode Island Ethics Commission isn’t condoning Assistant Mayor Thomas Rose Jr.’s position as a driver for his father’s tow truck company but they aren’t condemning it either.

On Tuesday, Feb. 14, the ethics commission heard Mr. Rose’s request for an advisory opinion regarding the current situation. A-Towing Inc. has been on the city’s tow list since 2005. Mr. Rose’s father, Thomas A. Rose Sr., was listed as president of the company in late 2011 on reports filed with the Rhode Island Secretary of State. The company’s previous president was former city councilor Brian Coogan.

The issue before the ethics commission was whether the group should adopt a draft advisory opinion that had previously been given to Mr. Rose by ethics commission staff.

According to this draft opinion, Mr. Rose’s position was not a violation of the state’s Code of Ethics. The draft opinion also noted, however, that Mr. Rose would be required to recuse himself on any issues coming before the city council that may involve or impact his father or employer.

According to ethics commission spokesman Jason Gramitt, the vote to adopt the draft as an official advisory opinion failed by a 3-3 vote.

What the vote means, Mr. Gramitt said, is that the ethics commission isn’t stating Mr. Rose is in violation of the state Code of Ethics but they aren’t willing to give the situation a seal of approval.

The ethics commission’s vote renders the previously issued draft advisory opinion moot.

On Feb. 15, Mr. Rose said he was awaiting a written decision on the matter from the ethics commission. When asked if he will continue to work for A-Towing prior to receiving this document, Mr. Rose would not comment other than repeating that he is waiting to receive the written decision.

Mr. Gramitt said Mr. Rose will not receive a written opinion on the matter. What he will receive is written correspondence stating the ethics commission decided not to adopt the draft advisory opinion.

Mr. Gramitt said that in assembling an advisory opinion, the ethics commission does not conduct an investigation and that a determination is made based on the representations provided by the requesting individual. Mr. Gramitt said some of the commission members had some “discomfort” with representations regarding the situation, including communications from Mr. Rose requesting the advisory opinion. On Jan. 9, Mr. Gramitt said Mr. Rose submitted an e-mail requesting an advisory opinion. It stated Mr. Rose was requesting an opinion regarding his role as a part-time, at-will employee of a local towing company “whose owner is a former East Providence City Council member (one year removed from office) and the owner of a towing business licensed by the city.”

A letter containing the same language as this e-mail was stamped as hand delivered to the ethics commission on Tuesday, Jan. 31.

A few days later, on Feb. 2, Mr. Rose submitted another letter stating he “would like to add” his father is a majority share-holder in the company.

Mr. Rose acknowledged submitting an addendum to his original letter though he could not recall the dates of his communications.

The city charter

The issue of Mr. Rose’s position with A-Towing was also recently brought up at a city council meeting by city councilor Michael DiGioia.

Mr. DiGioia said he wanted a legal opinion on whether Mr. Rose’s employment with the company violated a provision of the city charter. Mr. DiGioia argued that perception and transparency are important to “working, functioning democracy.”

Section 13-6 of the city charter is titled “Officers or employees not to be financially interested in city contracts, etc.” It reads as follows: “No officer or employee of the city government shall be financially interested directly or indirectly in the profits of any contract, job, work or service to be performed for the city or in the sale to the city of any land, property, materials, supplies or equipment, other than as the beneficiary of a patent or copyright or as a minority stockholder with ownership of not exceeding five (5) per centum of such stock outstanding.”

As it turns out, an opinion had already been issued. On Thursday, Feb. 2, assistant city solicitor Robert Craven weighed in on the issue. According to this opinion, Mr. Rose isn’t violating the charter because fees for towing services provided by companies on the tow list are paid for by the individuals whose vehicles have been towed and not the city.

At that meeting, Mr. Rose defended his position with the company. He said tow truck driving is something he does well and he is just trying to support his family.