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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0927 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002321 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS |
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| 16 | 16 | | Introduced By: Senators Ciccone, Burke, Raptakis, Rogers, de la Cruz, Tikoian, Gallo, |
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| 17 | 17 | | DiPalma, Urso, and Acosta |
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| 18 | 18 | | Date Introduced: March 28, 2025 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 36-14-2 and 36-14-5 of the General Laws in Chapter 36-14 entitled 1 |
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| 24 | 24 | | "Code of Ethics" are hereby amended to read as follows: 2 |
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| 25 | 25 | | 36-14-2. Definitions. 3 |
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| 26 | 26 | | As used in this chapter: 4 |
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| 27 | 27 | | (1) “Any person within his or her family” means a spouse and any dependent children of 5 |
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| 28 | 28 | | any public official or public employee as well as a person who is related to any public official or 6 |
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| 29 | 29 | | public employee, whether by blood, adoption or marriage, as any of the following: father, mother, 7 |
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| 30 | 30 | | son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, 8 |
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| 31 | 31 | | mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, 9 |
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| 32 | 32 | | stepson, stepdaughter, stepbrother, stepsister, halfbrother or halfsister; 10 |
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| 33 | 33 | | (2) “Business” means a sole proprietorship, partnership, firm, corporation, holding 11 |
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| 34 | 34 | | company, joint stock company, receivership, trust, or any other entity recognized in law through 12 |
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| 35 | 35 | | which business for profit or not for profit is conducted; 13 |
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| 36 | 36 | | (3) “Business associate” means a person joined together with another person to achieve a 14 |
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| 37 | 37 | | common financial objective; 15 |
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| 38 | 38 | | (4) “Employees of state and local government, of boards, commissions and agencies” 16 |
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| 39 | 39 | | means any full time or part time employees in the classified, nonclassified and unclassified service 17 |
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| 40 | 40 | | of the state or of any city or town within the state, any individuals serving in any appointed state or 18 |
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| 41 | 41 | | municipal position, and any employees of any public or quasi-public state or municipal board, 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC002321 - Page 2 of 8 |
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| 45 | 45 | | commission, or corporation; 1 |
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| 46 | 46 | | (5) “Governmental function” means any action that is public in nature and is performed for 2 |
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| 47 | 47 | | the common good of all the people; 3 |
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| 48 | 48 | | (6) "Interested person" means a person or a representative of a person or business that has 4 |
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| 49 | 49 | | a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to 5 |
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| 50 | 50 | | make, or to participate in the making of, as part of their official duties. 6 |
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| 51 | 51 | | (6)(7) “Open and public process” means the open solicitation for bids or proposals from 7 |
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| 52 | 52 | | the general public by public announcement or public advertising followed by a public disclosure 8 |
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| 53 | 53 | | of all bids or proposals considered and contracts awarded; 9 |
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| 54 | 54 | | (7)(8) “Person” means an individual or a business entity; 10 |
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| 55 | 55 | | (9) "Single interested person" shall include all employees or representatives of an 11 |
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| 56 | 56 | | individual, business, organization or entity, 12 |
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| 57 | 57 | | (8)(10)(i) “State agency” means any department, division, agency, commission, board, 13 |
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| 58 | 58 | | office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode 14 |
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| 59 | 59 | | Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that 15 |
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| 60 | 60 | | is in any branch of Rhode Island state government and which exercises governmental functions 16 |
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| 61 | 61 | | other than in an advisory nature; 17 |
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| 62 | 62 | | (ii) “Municipal agency” means any department, division, agency, commission, board, 18 |
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| 63 | 63 | | office, bureau, authority, quasi-public authority, or school, fire or water district within Rhode Island 19 |
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| 64 | 64 | | other than a state agency and any other agency that is in any branch of municipal government and 20 |
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| 65 | 65 | | exercises governmental functions other than in an advisory nature; 21 |
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| 66 | 66 | | (9)(11) “State or municipal appointed official” means any officer or member of a state or 22 |
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| 67 | 67 | | municipal agency as defined herein who is appointed for a term of office specified by the 23 |
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| 68 | 68 | | constitution or a statute of this state or a charter or ordinance of any city or town or who is appointed 24 |
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| 69 | 69 | | by or through the governing body or highest official of state or municipal government; 25 |
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| 70 | 70 | | (10)(12) “State or municipal elected official” means any person holding any elective public 26 |
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| 71 | 71 | | office pursuant to a general or special election; 27 |
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| 72 | 72 | | (11)(13) A person’s natural child, adopted child, or stepchild is his or her “dependent child” 28 |
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| 73 | 73 | | during a calendar year if the person provides over fifty percent (50%) of the child’s support during 29 |
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| 74 | 74 | | the year; 30 |
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| 75 | 75 | | (12)(14) A person “represents” him or herself before a state or municipal agency if he or 31 |
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| 76 | 76 | | she participates in the presentation of evidence or arguments before that agency for the purpose of 32 |
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| 77 | 77 | | influencing the judgment of the agency in his or her own favor; 33 |
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| 78 | 78 | | (13)(15) A person “represents” another person before a state or municipal agency if he or 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC002321 - Page 3 of 8 |
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| 82 | 82 | | she is authorized by that other person to act, and does in fact act, as that other person’s attorney at 1 |
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| 83 | 83 | | law or his or her attorney in fact in the presentation of evidence or arguments before that agency 2 |
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| 84 | 84 | | for the purpose of influencing the judgment of the agency in favor of that other person. 3 |
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| 85 | 85 | | (14)(16) “Major decision-making position” means the executive or administrative head or 4 |
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| 86 | 86 | | heads of a state agency, whether elected or appointed or serving as an employee and all members 5 |
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| 87 | 87 | | of the judiciary, both state and municipal. For state agencies, a “major decision-making position” 6 |
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| 88 | 88 | | shall include the positions of deputy director, executive director, assistant director and chief of 7 |
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| 89 | 89 | | staff. 8 |
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| 90 | 90 | | 36-14-5. Prohibited activities. 9 |
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| 91 | 91 | | (a) No person subject to this code of ethics shall have any interest, financial or otherwise, 10 |
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| 92 | 92 | | direct or indirect, or engage in any business, employment, transaction, or professional activity, or 11 |
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| 93 | 93 | | incur any obligation of any nature, which is in substantial conflict with the proper discharge of his 12 |
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| 94 | 94 | | or her duties or employment in the public interest and of his or her responsibilities as prescribed in 13 |
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| 95 | 95 | | the laws of this state, as defined in § 36-14-7. 14 |
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| 96 | 96 | | (b) No person subject to this code of ethics shall accept other employment which will either 15 |
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| 97 | 97 | | impair his or her independence of judgment as to his or her official duties or employment or require 16 |
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| 98 | 98 | | him or her, or induce him or her, to disclose confidential information acquired by him or her in the 17 |
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| 99 | 99 | | course of and by reason of his or her official duties. 18 |
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| 100 | 100 | | (c) No person subject to this code of ethics shall willfully and knowingly disclose, for 19 |
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| 101 | 101 | | pecuniary gain, to any other person, confidential information acquired by him or her in the course 20 |
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| 102 | 102 | | of and by reason of his or her official duties or employment or use any information for the purpose 21 |
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| 103 | 103 | | of pecuniary gain. 22 |
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| 104 | 104 | | (d) No person subject to this code of ethics shall use in any way his or her public office or 23 |
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| 105 | 105 | | confidential information received through his or her holding any public office to obtain financial 24 |
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| 106 | 106 | | gain, other than that provided by law, for him or herself or any person within his or her family, any 25 |
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| 107 | 107 | | business associate, or any business by which the person is employed or which the person represents. 26 |
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| 108 | 108 | | (e) No person subject to this code of ethics shall: 27 |
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| 109 | 109 | | (1) Represent him or herself before any state or municipal agency of which he or she is a 28 |
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| 110 | 110 | | member or by which he or she is employed. In cases of hardship, the ethics commission may permit 29 |
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| 111 | 111 | | such representation upon application by the official provided that he or she shall first: 30 |
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| 112 | 112 | | (i) Advise the state or municipal agency in writing of the existence and the nature of his or 31 |
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| 113 | 113 | | her interest in the matter at issue; 32 |
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| 114 | 114 | | (ii) Recuse him or herself from voting on or otherwise participating in the agency’s 33 |
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| 115 | 115 | | consideration and disposition of the matter at issue; and 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC002321 - Page 4 of 8 |
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| 119 | 119 | | (iii) Follow any other recommendations the ethics commission may make to avoid any 1 |
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| 120 | 120 | | appearance of impropriety in the matter. 2 |
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| 121 | 121 | | (2) Represent any other person before any state or municipal agency of which he or she is 3 |
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| 122 | 122 | | a member or by which he or she is employed. 4 |
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| 123 | 123 | | (3) Act as an expert witness before any state or municipal agency of which he or she is a 5 |
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| 124 | 124 | | member or by which he or she is employed with respect to any matter the agency’s disposition of 6 |
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| 125 | 125 | | which will or can reasonably be expected to directly result in an economic benefit or detriment to 7 |
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| 126 | 126 | | him or herself, or any person within his or her family, or any business associate of the person, or 8 |
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| 127 | 127 | | any business by which that person is employed or which the person represents. 9 |
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| 128 | 128 | | (4) Shall engage in any of the activities prohibited by subsection (e)(1), (e)(2), or (e)(3) of 10 |
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| 129 | 129 | | this section for a period of one year after he or she has officially severed his or her position with 11 |
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| 130 | 130 | | said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter 12 |
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| 131 | 131 | | of public record in a court of law. 13 |
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| 132 | 132 | | (f) No business associate of any person subject to this code of ethics shall represent him or 14 |
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| 133 | 133 | | herself or any other person, or act as an expert witness before the state or municipal agency of 15 |
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| 134 | 134 | | which the person is a member or by which the person is employed unless: 16 |
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| 135 | 135 | | (1) He or she shall first advise the state or municipal agency of the nature of his or her 17 |
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| 136 | 136 | | business relationship with the person subject to this code of ethics; and 18 |
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| 137 | 137 | | (2) The person subject to this code of ethics shall recuse him or herself from voting on or 19 |
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| 138 | 138 | | otherwise participating in the agency’s consideration and disposition of the matter at issue. 20 |
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| 139 | 139 | | (g) No person subject to this code of ethics, or spouse (if not estranged), dependent child, 21 |
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| 140 | 140 | | or business associate of the person, or any business by which the person is employed or which the 22 |
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| 141 | 141 | | person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of 23 |
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| 142 | 142 | | future employment based on any understanding that the vote, official action, or judgment of the 24 |
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| 143 | 143 | | person would be influenced thereby. 25 |
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| 144 | 144 | | (h) No person subject to this code of ethics, or any person within his or her family or 26 |
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| 145 | 145 | | business associate of the person, or any business entity in which the person or any person within 27 |
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| 146 | 146 | | his or her family or business associate of the person has a ten percent (10%) or greater equity 28 |
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| 147 | 147 | | interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract 29 |
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| 148 | 148 | | with any state or municipal agency unless the contract has been awarded through an open and public 30 |
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| 149 | 149 | | process, including prior public notice and subsequent public disclosure of all proposals considered 31 |
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| 150 | 150 | | and contracts awarded; provided, however, that contracts for professional services which have been 32 |
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| 151 | 151 | | customarily awarded without competitive bidding shall not be subject to competitive bidding if 33 |
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| 152 | 152 | | awarded through a process of public notice and disclosure of financial details. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC002321 - Page 5 of 8 |
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| 156 | 156 | | (i) No person shall give or offer to any person covered by this code of ethics, or to any 1 |
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| 157 | 157 | | candidate for public office, or to any person within his or her family or business associate of any 2 |
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| 158 | 158 | | person, or to any business by which the person is employed or which the person represents, any 3 |
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| 159 | 159 | | gift, loan, political contribution, reward, or promise of future employment based on any 4 |
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| 160 | 160 | | understanding or expectation that the vote, official action, or judgment of the person would be 5 |
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| 161 | 161 | | influenced thereby. 6 |
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| 162 | 162 | | (j) No person shall use for any commercial purpose information copied from any statements 7 |
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| 163 | 163 | | required by this chapter or from lists compiled from the statements. 8 |
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| 164 | 164 | | (k) No person shall knowingly and willfully make a false or frivolous complaint under this 9 |
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| 165 | 165 | | chapter. 10 |
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| 166 | 166 | | (l) No candidate for public office, or any person within his or her family, business associate 11 |
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| 167 | 167 | | of the candidate, or any business by which the candidate is employed or which the candidate 12 |
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| 168 | 168 | | represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future 13 |
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| 169 | 169 | | employment based on any understanding that the vote, official action, or judgment of the candidate 14 |
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| 170 | 170 | | would be influenced thereby. 15 |
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| 171 | 171 | | (m) No person subject to this code of ethics shall, either directly or indirectly, through any 16 |
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| 172 | 172 | | government agency, or through a business associate, or through any other person, threaten or 17 |
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| 173 | 173 | | intimidate any complainant or witness or any family member of any complainant or witness in any 18 |
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| 174 | 174 | | proceeding before the state ethics commission. 19 |
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| 175 | 175 | | (1) In addition to any rights a complainant or witness may have under the Rhode Island 20 |
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| 176 | 176 | | Whistleblowers’ Protection Act, chapter 50 of title 28 or under any other statute, a complainant or 21 |
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| 177 | 177 | | witness may bring a civil action in superior court for appropriate injunctive relief, or actual 22 |
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| 178 | 178 | | damages, or both and attorney’s fees within three (3) years after the occurrence of the alleged 23 |
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| 179 | 179 | | violation of subsection (m) above. 24 |
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| 180 | 180 | | (2) The initiation of litigation by a complainant or witness pursuant to subsection (m)(1) 25 |
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| 181 | 181 | | shall not constitute a violation of any confidentiality provisions of this chapter. 26 |
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| 182 | 182 | | (n)(1) No state elected official, while holding state office and for a period of one year after 27 |
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| 183 | 183 | | leaving state office, shall seek or accept employment with any other state agency, as defined in § 28 |
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| 184 | 184 | | 36-14-2(8)(i), other than employment which was held at the time of the official’s election or at the 29 |
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| 185 | 185 | | time of enactment of this subsection, except as provided herein. 30 |
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| 186 | 186 | | (2) Nothing contained herein shall prohibit any general officer or the general assembly 31 |
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| 187 | 187 | | from appointing any state elected official to a senior policy-making, discretionary, or confidential 32 |
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| 188 | 188 | | position on the general officer’s or the general assembly’s staff, and in the case of the governor, to 33 |
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| 189 | 189 | | a position as a department director; nor shall the provisions herein prohibit any state elected official 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC002321 - Page 6 of 8 |
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| 193 | 193 | | from seeking or accepting a senior policy-making, discretionary, or confidential position on any 1 |
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| 194 | 194 | | general officer’s or the general assembly’s staff, or from seeking or accepting appointment as a 2 |
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| 195 | 195 | | department director by the governor. 3 |
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| 196 | 196 | | (3) Nothing contained herein shall prohibit a state elected official from seeking or being 4 |
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| 197 | 197 | | elected for any other constitutional office. 5 |
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| 198 | 198 | | (4) Nothing contained herein shall prohibit the Rhode Island ethics commission from 6 |
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| 199 | 199 | | authorizing exceptions to this subsection where such exemption would not create an appearance of 7 |
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| 200 | 200 | | impropriety. 8 |
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| 201 | 201 | | (o)(1) No person holding a senior policy-making, discretionary, or confidential position on 9 |
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| 202 | 202 | | the staff of any state elected official or the general assembly shall seek or accept any other 10 |
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| 203 | 203 | | employment by any state agency as defined in § 36-14-2(8)(i), while serving as such policy-11 |
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| 204 | 204 | | making, discretionary, or confidential staff member and for a period of one year after leaving that 12 |
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| 205 | 205 | | state employment as a member of the state elected official’s or the general assembly’s senior policy-13 |
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| 206 | 206 | | making, discretionary, or confidential staff. 14 |
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| 207 | 207 | | (2) Notwithstanding the foregoing, a person holding a senior policy-making, discretionary, 15 |
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| 208 | 208 | | or confidential staff position who has a minimum of five (5) years of uninterrupted state service 16 |
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| 209 | 209 | | shall be exempt from the provisions of this section. “State service” as used herein means service in 17 |
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| 210 | 210 | | the classified, unclassified and nonclassified services of the state, but shall not include service in 18 |
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| 211 | 211 | | any state elective office. 19 |
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| 212 | 212 | | (3) Nothing contained herein shall prohibit any general officer or the general assembly 20 |
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| 213 | 213 | | from appointing any such senior policy-making, discretionary, or confidential member of the staff 21 |
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| 214 | 214 | | of any state elected official or the general assembly to any other senior policymaking, discretionary, 22 |
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| 215 | 215 | | or confidential position on any general officer’s or the general assembly’s staff, and in the case of 23 |
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| 216 | 216 | | the governor, to a position as a department director; nor shall the provisions hereof prohibit any 24 |
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| 217 | 217 | | senior policy-making, discretionary, or confidential member of the staff of any state elected official 25 |
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| 218 | 218 | | or the general assembly from seeking or accepting any other senior policy-making, discretionary, 26 |
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| 219 | 219 | | or confidential position on any general officer’s or the general assembly’s staff, or from seeking or 27 |
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| 220 | 220 | | accepting appointment as a department director by the governor. 28 |
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| 221 | 221 | | (4) Nothing contained herein shall prohibit a person holding a senior policy-making, 29 |
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| 222 | 222 | | discretionary, or confidential staff position from seeking or being elected for any constitutional 30 |
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| 223 | 223 | | office. 31 |
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| 224 | 224 | | (5) Nothing contained herein shall prohibit the Rhode Island ethics commission from 32 |
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| 225 | 225 | | authorizing exceptions to this subsection where such exemption would not create an appearance of 33 |
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| 226 | 226 | | impropriety. 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC002321 - Page 7 of 8 |
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| 230 | 230 | | (p) No person subject to the code of ethics, either directly or as the beneficiary of a gift or 1 |
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| 231 | 231 | | other thing of value given to a spouse or dependent child, shall accept or receive any gift of cash, 2 |
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| 232 | 232 | | forbearance or forgiveness of indebtedness from an interested person, as defined herein, without 3 |
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| 233 | 233 | | the interested person receiving lawful consideration of equal or greater value in return. 4 |
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| 234 | 234 | | (q) No person subject to the code of ethics, either directly or as the beneficiary of a gift or 5 |
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| 235 | 235 | | other thing of value given to a spouse or dependent child, shall accept or receive any gift(s) or other 6 |
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| 236 | 236 | | thing(s) having either a fair market value or actual cost greater than fifty dollars ($50.00), but in no 7 |
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| 237 | 237 | | case having either an aggregate fair market value or aggregate actual cost greater than two hundred 8 |
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| 238 | 238 | | fifty dollars ($250) in any calendar year including, but not limited to, gifts, loans, rewards, promises 9 |
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| 239 | 239 | | of future employment, favors or services, gratuities of special discounts, from a single interested 10 |
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| 240 | 240 | | person, as defined herein, without the interested person receiving lawful consideration of equal or 11 |
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| 241 | 241 | | greater value in return. 12 |
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| 242 | 242 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 243 | 243 | | ======== |
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| 244 | 244 | | LC002321 |
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| 245 | 245 | | ======== |
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| 246 | 246 | | |
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| 247 | 247 | | |
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| 248 | 248 | | LC002321 - Page 8 of 8 |
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| 249 | 249 | | EXPLANATION |
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| 250 | 250 | | BY THE LEGISLATIVE COUNCIL |
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| 251 | 251 | | OF |
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| 252 | 252 | | A N A C T |
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| 253 | 253 | | RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS |
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| 254 | 254 | | *** |
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| 255 | 255 | | This act would increase for persons subject to the Code of Ethics the maximum value of 1 |
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| 256 | 256 | | an acceptable gift to fifty dollars ($50.00) from a single interested person, but in no case can the 2 |
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| 257 | 257 | | gift have an aggregate value of more than two hundred fifty dollars ($250) in any calendar year. 3 |
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| 258 | 258 | | This act would take effect upon passage. 4 |
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| 259 | 259 | | ======== |
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| 260 | 260 | | LC002321 |
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| 261 | 261 | | ======== |
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| 262 | 262 | | |
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