By HANNAH CLARKIN
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COVENTRY — The Rhode Island Ethics Commission determined that there was probable cause to go forward with a complaint filed against Coventry Town Councilman Frank Hyde at a commission hearing on Tuesday morning, said Staff Attorney and Prosecutor Jason Gramitt.

Town Republican Committee Chair Charles Vacca filed the complaint against Hyde this fall regarding Hyde’s financial disclosure forms as an elected official.

As a town council member, or any elected official, Hyde has to file an annual financial disclosure statement with the ethics commission, Gramitt said. “It’s a short statement that asks officials to list where their financial interests lie. One of the questions on that form asks for all personal indebtedness over $1,000. The complaint alleges that he failed to disclose certain indebtedness.”

The omission began as business debt, Gramitt continued, but through the operation of Hyde’s personal guarantee it transferred into personal debt.

“Hyde has maintained that that’s the rub; that because it originated as business debt — and [business debt] is not required to be disclosed — that’s why he omitted it. That may well be and will be something we will take into account.”
At the probable cause hearing the “the commission reviews the results of the investigation so far and makes a decision as to whether there is probable cause to move on to the next stage,” Gramitt said. “[Tuesday’s] hearing means, ‘Ok, we’ve investigated allegations; we’ve talked to witnesses and completed our investigation and [we do] think that there is probable cause that there is violation of the code.’”

At an initial determination hearing on Oct. 7, 2008, the commission decided that if the allegations were true Hyde would be in violation; Tuesday’s decision means that the investigation has determined that there is a reason to believe that the allegations are true, Gramitt said.  From here there are two options, Gramitt said. Either the case can be settled through an agreement between parties or it will go to a trial-like adjudication.

He decides which, as the prosecutor in the case, Gramitt said. “I’ll try to have a conference, try to speak with Mr. Hyde and see if we can come to some agreed upon resolution — that is preferable. If not — and if he contests the allegations — then we’ll go forward to the adjudication.”
Hyde refused to comment.