Groups Clamor for Removal of Top State Official

Stephen Beale, GoLocalProv News Editor

Groups Clamor for Removal of Top State Official

Environmental groups are demanding the ouster of the head of a powerful state agency that has a say over virtually every development along the Ocean State’s 400-mile coastline and regulates activity in the surrounding waters.

Leading Rhode Island environmentalists are urging Governor Lincoln Chafee to replace Michael Tikoian as the chairman of the Coastal Resources Management Council. In interviews with GoLocalProv, they called attention to what they say is his mismanagement of the agency, bitter conflicts with the staff, and a whole slew of ethical issues.

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Official ‘has very little credibility’

Many of the problems stem from the animosity Tikoian has against Grover Fugate, executive director of the CRMC. Fugate’s contract has expired and Tikoian is actively seeking to oust him, sources tell GoLocalProv. “Tikoian has very little credibility within the environmental community in Rhode Island while Grover Fugate has proven his worth and value to the state and the environmental community is standing behind him remaining as executive director,” one source said. (Fugate declined to comment, except to say he has requested a meeting with the council to discuss his contract.)

Jonathan Stone, executive director of Save the Bay, called for change on the council. “We believe that the council would benefit from additional capacity and additional expertise that would help with more informed decisions,” Stone said. He declined to specifically comment on Tikoian.

Environmental groups are not alone in their concern. The Rhode Island Marine Trades Association, which represents about 300 businesses, also opposes the reappointment of Tikoian, according to Chris Ruhling, chairman of the board and general manager at the Brewer Yacht Yard. “I knew Governor Chafee when he was my mayor here in Warwick. I’ve known Linc a long time. I know what he expects and how he runs things,” Ruhling said. “To keep a guy like Chairman Tikoian would be a surprise to me.”

Business group says agency is ‘crippled’

GoLocalProv has obtained a copy of the letter the association sent to then-Gov. Don Carcieri in June 2010, warning him that the agency had become “crippled” because of Tikoian. “It seems clear to the Board and Membership of RIMTA that Mr. Tikoian continues to undermine the efforts, goals and prospects for growth at CRMC,” the letter stated.

It went on to claim that the CRMC staff are “continuously distracted by the efforts” of Tikoian to remove Fugate from his position. “This toxic and very public vendetta is distracting to the Council’s operations, is embarrassing to the state and is ultimately a discredit to the hard-working employees who have made CRMC such a success for our state,” the letter concluded.

The Carcieri administration did not respond to the letter, according to Ruhling, who stands by the accusations it leveled at Tikoian. (Tikoian did not return several calls seeking comment for this report.)

The public feud was even flagged as an issue in an August 2010 review of the agency by the National Oceanic and Atmospheric Administration, which noted that it rarely intervenes in personality conflicts or personnel issues in state agencies. (The director of NOAA’s Office of Ocean and Coastal Resource Management did not return calls seeking comment.)

Widespread economic impact

The management of the CRMC is something that doesn’t just affect people who care about the environment—it also has economic consequences for the state, according to Stone. He noted that just about every major development within 200 feet of the shore comes before the agency for review.

“It means marinas. It means boat yards. It means residential developments. It means off-shore wind farms. So much of our economic activity in the state revolves around the shore, so it really is crucial,” Stone said. “A lot of economic activity in the state can be delayed … when the CRMC is not functioning properly.”

Controversy over Block Island marina

One delayed development is the proposed expansion of Champlin’s Marina on Block Island, which first applied for the necessary permit from the CRMC in 2003. The plan dragged through 23 hearings before the council, eventually failing to pass on a 5 to 5 tie vote in early 2006—sparking a protracted court battle.

In 2009, Providence County Superior Court concluded that the CRMC had not followed proper procedures in its handling of the application. In particular it declared that Tikoian and Paul Lemont, the chairman of a special CRMC subcommittee formed to hold hearings on the application, “misinterpreted their roles” and “spoke freely about their misgivings with the application.” (Click here to read the full 91-page decision.)

“Their combined efforts to defeat the application … involved lobbying other members individually, speaking to the media, and communicating with the Governor and his staff,” Judge Netti Vogel wrote. “It was incumbent on Tikoian to distance himself from outside influences and to recognize that his responsibility was to the public to ensure the fairness of the application process. He failed to do so.”

The court opinion recounted a series of behind-the-scenes efforts by Tikoian to influence how other members of the CRMC would vote on the project. Tikoian dropped by the law office of one member and invited another member to a private meeting at his home—all in an effort to defeat the application, according to the court’s account.

One former member of the CRMC, who testified against Tikoian in the court case, told GoLocalProv that he believed Tikoian should be booted from the board based on the findings of the court. He pointed to Tikoian's ex parte conversations with members as particularly egregious. “How can the Governor, whose family has a legacy of protecting the environment—how can he appoint somebody who has proven he will violate the law and manipulate the process?” said Jerry Sahagian, a real estate broker in Narragansett. “If he’s willing to break the law to stop a development, how do you know he won’t break the law to help a development. Where’s the outrage?”

Chairman had to recuse himself 80 times

In 2007, the Conservation Law Foundation asked the Rhode Island Ethics Commission to investigate council members, including Tikoian. In a 14-page letter to the commission, the environmental group noted that the council had a “history and practice of unsupportable decisions in favor of development requests, nearly all of which are linked to former Rhode Island legislators.”

One of them, attorney and former House Speaker Joseph DeAngelis has a “longstanding business relationship” with Tikoian, according to the group. Even though Tikoian recused himself from votes on projects DeAngelis represented—an estimated 80 times—the Conservation Law foundation claimed that the recusals did not “solve the problem.” In fact, the group said “such frequent recusal can itself be a violation of the Code of Ethics.”

Yesterday, an attorney with the Ethics Commission said no formal complaint was ever actually filed. She said the commission could not disclose any information provided by the Conservation Law Foundation.

Powerful political connections

In an interview, DeAngelis denied that he had ever directly done business with Tikoian, who works at Piccerelli, Gilstein & Company, LLP, a Providence-based accounting firm. DeAngelis said the firm prepares his taxes—but the work is not done by Tikoian. “I consider him a friend, like I consider many of the accountants at Piccerelli Gilstein my friends,” DeAngelis said.

DeAngelis praised Tikoian for his work on the council and said he had not heard about efforts by leading environmentalists to get him removed. “I think he does an excellent job,” DeAngelis said. “He runs a great meeting.”

DeAngelis at one time was a partner with Richard Licht in the law firm of Tillinghast Licht LLP. Licht now serves as the Director of Administration under Chafee. DeAngelis said he had not spoken about Tikoian’s future as chairman with either Licht or anyone else in the administration. “I have not been asked my opinion on that issue by the Chafee administration,” DeAngelis said. But if he was asked for his opinion, he said he would recommend that Tikoian be reappointed.

Tikoian was first appointed to the Coastal Resources Management Council by Gov. Bruce Sundlun in 1993. He became chairman in 1997.

His term is set to expire on Jan. 31. So far, there is no word from the Chafee administration on what it will do—or when. “The Governor has the CRMC issue—including appointments—under policy review at this time,” said spokesman Samuel Lovett. “An announcement will be made once decisions regarding appointments have been finalized.” He said there was “no definitive timetable” for making those decisions.
 

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