Newport Mayor Says He Was "OK" With Liquor License Vote - Ethics Commission Says Advice Not So Fast
GoLocalProv News Team
Newport Mayor Says He Was "OK" With Liquor License Vote - Ethics Commission Says Advice Not So Fast
Mayor Charlie Holder says that “maybe he should have recused himself” on a recent City Council vote, as it pertained to potential conflict regarding his employer.
As GoLocal was first to report, Holder, the Head of Operations at the newly-opened Gardiner Hotel, recused himself when the hotel came before the Board Licenses Commissioners in January - for lacking a valid liquor license.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTWhen the vote to withdraw the matter took place on Wednesday, February 12, Holder, however, did not recuse himself.
He seconded the motion to withdraw the item on the agenda; he then voted in the affirmative to withdraw the matter.
After the meeting, when asked, Holder told GoLocal he would “check” with the Rhode Island Ethics Commission following the vote as to whether there was a conflict for him taking action on an item pertaining to his employer.
He then told GoLocal that he subsequently called the Rhode Island Ethics Commission and said he was told he was probably “OK,” as the agenda item was ultimately withdrawn.
Following Holder’s statement regarding reaching out to the Ethics Commission, GoLocal spoke with Ethics Commission Executive Director Jason Gramitt.
Gramitt told GoLocal, however, that any such advice Holder received is non-binding.
“That is typical protocol to have sort of ‘ex parte’ conversations regarding if there was a conflict or not,” said Gramitt. “It is typical and normal and encouraged for anyone who's subject to the code to call the ethics commission and have informal conversations with whoever the person talks to.”
“And it would either be a staff attorney or one of our investigators would make it clear during the phone call that this is just an informal guidance, telephone call, it's not an advisory opinion,” said Gramitt. “There's nothing binding.”
Holder, who told GoLocal he had reached out to the Ethics Commission for advice following his February vote, had originally recused himself on the matter.
When the agenda item came up, a Newport Councilor asked how the city could legally allow the Gardiner House to operate without a liquor license.
As GoLocal reported:
Before the matter was continued, Newport City Councilor David Carlin asked how [the hotel] could be operational without a legal license.
“Are [they] permitted to do business from [when] their business license expired on December 1 until now?” asked Carlin.
“In the true sense of the law, they don’t technically have a license, they haven’t picked it up yet. But over the years, these licenses, they become a matter of business to apply and continue….seamlessly operating,” said [Newport City Solicitor Chris] Behan.
“So when we find a business has not picked up its license, I would say the most common cause is the Division of Taxation clearance. We do allow them to continue as long as they’re doing so moving forward in good faith and that’s usually communicated to us…so yes, we do allow it," said Behan. "A lot of them have employees, people who are dependent on work.”
Holder on Record
After GoLocal spoke with Gramitt, Holder told GoLocal he had talked with Ethics Commission staff member Peter Mancini after his vote, who he said told him it was "OK."
Holder said because the Gardnier Hotel reportedly ultimately got the necessary approval from the Division of Taxation to allow it to obtain its delinquent liquor license, that he believed he was OK to vote on the matter.
“I didn't even think that [this] was a situation; no one had really even brought it up to me, to be completely honest with you,” Holder told GoLocal. “Obviously, in hindsight, going forward, I absolutely will [recuse myself].”
"If I had probably thought about it deeper, then yeah, I wish it would have recused myself from the beginning and wouldn't be an issue," added Holder.