Ethics Commission Dismisses Ethics Complaint Against Colasante

By Cynthia Drummond for BRVCA
May 1st 2024

PROVIDENCE – The Rhode Island Ethics Commission voted on Tuesday morning to dismiss a complaint against Town Council member Michael Colasante.

The vote, announced by commission Chair Marisa Quinn, was unanimous.

Chief Prosecutor Jason Grammit later explained that the commission members had voted 6-0 to dismiss the complaint.

“The Commission held a probable cause hearing today, and they voted unanimously to find that there was not probable cause to believe that he had violated the Code [of Ethics] as alleged in the complaint,” he said.

The Complaint

Filed by council Vice President Richard Nassaney in Nov. 2023, the complaint alleged that Colasante had an ongoing business relationship with D’ Ambra Construction Company Inc., when he voted to award a paving contract to D’ Ambra.

After that contract was awarded, a truck from Richmond Sand and Stone, a company associated with D’ Ambra, delivered material for a retaining wall to Colasante’s property.

D’ Ambra trucks were observed on the Colasante property on Oct. 13, and at the Oct. 17 Town Council meeting, Colasante voted to award a second paving contract to D’ Ambra.

Nassaney’s complaint states that on Oct. 18, the day after the second paving contract was awarded to D’ Ambra, workers from that company were observed at Colasante’s Buttonwoods Road property “installing the retaining wall material and grading his property for a future driveway.”

The Decision to Dismiss

The commission’s Investigative Report, written by Prosecutor Katherine D’ Arezzo, states that the investigation found no evidence of a business relationship between the Respondent, Michael Colasante, and D’ Ambra Construction.

“The Respondent and Michael V. D' Ambra, founder and Executive Vice President of D' Ambra Construction, both denied

there being any business dealings between the Respondent and the corporation,” the report states. “Further, investigative subpoenas served upon the Respondent, Buttonwoods Sawmill, and D' Ambra Construction yielded no records of any business dealings between the parties.”

Colasante did, however, have a business relationship with Ready Mix LLC, which performed the work on his Buttonwoods Road property.

Ready Mix is jointly owned by three D’ Ambra trusts, and David D’ Ambra is the operating and general manager of both Ready Mix and Richmond Sand and Stone.

“At the time he hired David D' Ambra and Ready Mix, the Respondent was not aware that any D’ Ambra vehicles would be utilized at his property,” the report states. “The Respondent suggested that David D' Ambra's company might be utilizing equipment previously owned by D' Ambra Construction.”

The investigation revealed that D’ Ambra Construction had submitted the lowest bid for both Richmond paving jobs, and that Town Administrator Karen Pinch recommended that the council vote to hire the company.

At the Aug. 15, 2023 Town Council meeting, members voted to award the North Road paving contract to D’ Ambra Construction for $468,000.

A couple of months later, the council, at the Oct. 17, 2023 meeting, voted to award the second contract, for paving Tug Hollow Road, to D’ Ambra Construction for $587,000.

The investigation found no evidence that Ready Mix, the company working at Colasante’s property, was involved in the paving contract bids.

“The Respondent's participation in the Council's August 15, 2023 and October 17, 2023 votes to award the paving bids to D' Ambra Construction did not financially impact Ready Mix, the Respondent's business associate,” the report states. “Ready Mix was in no way involved with the paving bids awarded to

D' Ambra Construction, nor did Ready Mix appear before the

Town Council.

Some of the equipment observed on Colasante’s property was identified with the D’ Ambra logo, but actually belonged to Ready Mix.

The report concludes,

“… the Respondent is a business associate of Ready Mix, with which he engaged in a business transaction to perform services at his sawmill property. Michael V. D' Ambra is a business associate of both Ready Mix, in his capacity as trustee for an LLC

owner/member, and D' Ambra Construction. However, the Respondent is not joined together with Michael V. D' Ambra individually to achieve a common financial objective,

nor is there any independent financial nexus between the Respondent and D 'Ambra Construction, Michael V. D' Ambra's business associate.

Nassaney had only a brief comment after the commission’s vote, saying only,

“The Ethics Commission did their job and I’m grateful for their service.”

The Second Complaint

The investigation continues into the second complaint against Colasante, filed by council President Mark Trimmer.

That complaint, filed in Sept. 2023, pertains to Colasante’s business relationship with former Electrical Inspector, Jeffrey Vaillancourt.

The complaint states that while Vaillancourt was doing electrical work at Colasante’s sawmill on Buttonwoods Road, Colasante declined to recuse himself from two disciplinary hearings on Vaillancourt’s behavior and that Colasante participated in the hearings and also voted.

Referring to Trimmer’s complaint, Grammit said,

“The other complaint is still pending and the investigation is ongoing.”