STATE OF RHODE ISLAND

BEFORE THE RHODE ISLAND ETHICS COMMISSION

IN RE: Henry F. Winthrop
Respondent

Complaint No. __2015-4_____

(For Office Use Only)
COMPLAINT

The undersigned complainant files this Complaint in the public interest and requests that the Rhode
Island Ethics Commission conduct an investigation into certain conduct and activities of the abovenamed Respondent, for the purpose of determining whether said Respondent has violated the Rhode
Island Code of Ethics.
To the best of my information and belief, said Respondent has violated the Rhode Island Code of Ethics
as follows:
1. Respondent is: (Please check one and fill in Respondents title).
___ a state or municipal elected official: __________________________
_X_ a state or municipal appointed official:_Mayor 2013-14
__ an employee of state or local government or of a board, commission or agency: __
2. The Respondents home or business address is (include telephone number if known):
Name__Henry F. Winthrop______________
Street____38Bateman Avenue_____________

Tel No.______(401) 862-7814__________

City and State: ___Newport, RI 02840____

Set forth below in separately numbered paragraphs each specific act complained of including the time
and place of its occurrence.

In summary, the Respondent, former Mayor Henry F. Winthrop failed to recuse when a family
member appeared, and/or or presented evidence or arguments before the City of Newport on
at least two occasions.
As a result of Winthrops action in 2012, the private Newport Yacht Club received City Council
permission to a) remove a city-owned pier, and b) replace it with a system of floats
(contractually owned by the Newport Yacht Club).
As a further result of Winthrops actions in 2013 in a separate appearance by his brother-inlaw, the membership of the private Newport Yacht Club avoided a rent increase of
approximately $50,000 per year for the next ten years.
1.

Respondent Henry F. Winthrop was the Mayor of Newport from approximately May 2012 to
December 2014. He had previously served non-continuous terms as Ward Councilor and At Large
Councilor dating to the 1990s.

2.

The Newport Yacht Club is a private yacht club located on Long Wharf in Newport, RI.

3.

In or about November 1993, the City of Newport entered into a 30-year lease agreement with the
Newport Yacht Club for the lease of the parcel of land on which the yacht club is located.1

4.

John H Jack Ellis had served on the Board as Commodore of the Newport Yacht Club from 20112012, and records indicate that he had previously served on its Board of Directors from 2009-2010.

5.

After a new leadership team was elected by the Newport Yacht Club in or about October 2012, Past
Commodore Ellis continued to serve in a leadership role within the organization, serving as the
organizations liaison with the City of Newport for a) the expansion of yacht club amenities on City
property and b) lease payment negotiations and/or discussions concerning the city land on which the
Club is located.
2012 Construction Project

6.

The 1993 Agreement requires the Newport Yacht Club to obtain permission before remodeling,
renovation, altering or changing any buildings, bulkheads or improvements.

7.

On November 30, 2012, Newport Yacht Club Past Commodore Ellis wrote to the City on behalf of
the Newport Yacht Club requesting the Citys assent to allow the Club remove the city-owned piers
and replace them with floats (contractually owned by the yacht club). See Newport Yacht Club
letter dated November 30, 2012.

8.

On or about December 12, 2012, the Newport City Council voted to approve the Newport Yacht
Clubs request to remove the city-owned pier, and authorized the Newport Yacht Club to replace it

By way of background, in 1993, then-Councilor Jeanne Marie Napolitano (currently Newport Mayor) was
approached by two outgoing councilors (Henry Winthrop and Mayor Robert McKenna) after the 1993 election.
At this time, Councilor Eckhart had just lost his bid for reelection. Mayor McKenna and Winthrop advised
Napolitano that the 3 lame duck council members (McKenna, then-Councilor Winthrop and Eckhart) needed a 4th
vote to support a resolution authorizing outgoing Mayor McKenna to sign the lease extension before the new
council came on board. Their concern was that the new council composition would be hostile toward the terms of
the lease agreement. Winthrop and McKenna were able to obtain a 4th vote to approve the lease, and Council
Resolution 1993-146 passed on or about November 12, 1993.

with a float system (contractually owned by the yacht club). See Newport City Council Action Item
5087/12.
2013 Review of Newport Yacht Club Lease Payment
9.

The 1993 agreement also provides the parties a decennial opportunity to review and modify the
payment terms if the current payment represents a substantial deviation from the general
guideline set forth in the Agreement.

10. The general guideline for payments as described in the Agreement is 5% of the assessed value of
the leased real estate.2 That is, the leased land was assessed at $650,000 in 1993, and the 1993
payment amount was set at $32,500, or 5%.
11. Calendar year 2013 provided the most recent decennial review period, at which time the annual
lease payment by the Newport Yacht Club was approximately $51,000 per year.
12. In 2013, the subject real estate was assessed at $2,050,100 (.70 acres of land only).
13. A 2013 application of the general guideline described in the 1993 lease indicates that the payment
should have equaled an annual payment to the city of approximately $102,500 per year or roughly
double the amount being paid by Mayor Winthrops brother-in-laws yacht club.
14. In April 2013, Newport Yacht Club Past Commodore Ellis was selected by the Newport Yacht Club
as its designated negotiator for any lease discussion or negations [sic] during 2013, and notified
Mayor Winthrop and the City Council of this selection in writing:

Note that Newport City Solicitor (and current City Manager) Joseph Nicholson appears to possess two versions
of the 1993 Lease Agreement. In more recent versions (apparently copied more than 1 or 2 times), the percentage
blank - which identifies the general guideline for setting the payment amount - appears faded and illegible. A
review of the original document, also in Nicholsons possession and that of the Newport Yacht Club shows
clearly that 5% of assessed property value was the general guideline identified by the parties in 1993.
Moreover, a review of the assessed value of the property in 1993 demonstrates conclusively that the property was
indeed leased out at 5% of the 1993 assessed value. (City Manager Howington reported that she had not been
provided a copy of the lease which described the 5% general guideline, and subsequently, she did not conduct the
general guideline analysis called for in the 1993 lease.)

15. At all relevant times, Commodore John H. Jack Ellis was the brother-in-law of Mayor Henry
Winthrop.
16. From at least November 2012 through July 17, 2013, Winthrop participated in numerous public and
private discussions about the Newport Yacht Club issues in person, via telephone (401-862-7814)
and via email (hwinthrop@cityofnewport.com, and harrywinthrop@gmail.com) with the following
persons and entities:
a.
b.
c.
d.
e.
f.
g.
h.

City Manager Jane Howington

Finance Director Laura Sitrin
City Solicitor Joseph Nicholson
Deputy Mayor Naomi Neville
City Councilor Justin McLaughlin
City Councilor Marco Camacho
Harbormaster Timothy Mills
Past Commodore Jack Ellis

i. Commodore Stewart Abramson

j. Commodore Lauren Anton
k. Board Members and Directors of
the Newport Yacht Club;
l. The Newport Daily News;
m. Newport This Week;
n. Newport Patch;
o. Newport Buzz.

17. Winthrop presided over and/or participated in discussions at several meetings where he failed to
recuse on matters involving his brother-in-laws requests pertaining to the Newport Yacht Club,
including but not limited to the issues being raised on December 12, 2012 and July 10, 2013.
18. The RI Ethics Commission has consistently stated that brothers-in-law qualify as family members.
See Commission Regulation 36-14-5005. See also A.O. 2000-23.
COUNT I - R.I. Gen. L. 36-14-5002(a)(1)
November 2012 Construction Approvals
19. At the request of the Newport Yacht Club board, Past Commodore Ellis petitioned the City Council
for approval of a construction project in November 2012.
20. The letter described in the preceding paragraph qualified as an appearance or presentation of
evidence pursuant to 36-14-5002.
21. Past Commodore Ellis is the brother-in-law of former Mayor Winthrop.
22. Winthrop did not recuse from the matter upon receipt of the letter from his brother-in-law.
23. Upon information and belief, as Mayor of Newport and City Council Chairman, Winthrop lobbied,
persuaded, negotiated and/or obtained support from the various elected and appointed officials
necessary to support his brother-in-laws request for City approval.
24. On or about December 3, 2012, City Manager Jane Howington circulated a memorandum on the
topic supporting Commodore Ellis request on or about December 12, 2012.
25. Winthrop did not recuse from the matter upon receipt of the Howington memo.
26. Upon information and belief, as Mayor of Newport and City Council Chairman, Winthrop secured
the votes necessary to support his brother-in-laws request for City approval.
27. On December 12, 2012, Commodore Ellis request was put to a vote before the City Council.
28. Winthrop did not recuse from the matter, and voted in favor of his brother-in-laws proposal.

29. Winthrop violated the Code of Ethics by failing to recuse himself or herself from participation in
accordance with R.I. Gen. Laws 36-14-6 when any . . . person within his or her family . . . ,
appears or presents evidence or arguments before his or her state or municipal agency.
COUNT II - R.I. Gen. L. 36-14-5002(a)(1)
April 2013 Lease Payment Request
30. The allegations contained in the preceding paragraphs are incorporated as though stated more fully
herein.
31. In April 2013, Past Commodore Ellis (on behalf of the Newport Yacht Club) wrote to Mayor
Winthrop and the City Council and petitioned the City Council to enter into discussions concerning
the lease payment made by Newport Yacht Club.
32. The letter described in the preceding paragraph qualified as an appearance or presentation of
evidence pursuant to 36-14-5002.
33. Winthrop did not recuse from the matter upon receipt of the letter from his brother-in-law.
34. Upon information and belief, over the following six (6) months, as Mayor of Newport and City
Council Chairman, Winthrop engaged in communications with council members and city staff
about complainants effort to obtain a more reasonable rental fee from the Newport Yacht Club.
35. In addition, during this time frame, Mayor Winthrop frequently discussed the Newport Yacht Club
lease issue with members of the local news media.
36. Beginning in June 2013, councilors began circulating emails to one another on the issue of
waterfront property. These emails included Henry Winthrop.
37. He did not recuse from the city councilor email discussions about the matter.
38. In July 2013, a resolution involving the Newport Yacht Club lease was circulated to council
members (including Winthrop), and was placed on the docket.
39. Winthrop did not recuse.
40. Upon information and belief, over the following six (6) months, as Mayor of Newport and City
Council Chairman, Winthrop engaged in communications with council members and city staff
urging the rejection of the then-pending resolution.
41. On July 10, 2013, a proposed council resolution was read which asked city staff to investigate
various options pertaining to the Newport Yacht Club.
42. Winthrop did not recuse, and presided over the reading of the resolution.
43. After discussing the matter with Mayor Winthrop, the council members declined to second the
resolution even for purposes of discussion.
44. Acting as Chair, Winthrop ruled that the resolution failed, and moved on to the next item.
45. Winthrop violated the Code of Ethics by failing to recuse himself or herself from participation in
accordance with R.I. Gen. Laws 36-14-6 when any . . . person within his or her family . . . ,
appears or presents evidence or arguments before his or her state or municipal agency.

I acknowledge that the facts above-stated are true and accurate to the best of my knowledge.
DATE: _____5/14/2015____

__________________________
Signature of Complainant
_Michael T. Farley__________
Print Name
_One Courthouse Square_____
Address
_Newport, RI 02840_________
_(401) 835-8775____________
Telephone Number