2025 -- S 0927
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LC002321
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS
Introduced By: Senators Ciccone, Burke, Raptakis, Rogers, de la Cruz, Tikoian, Gallo,
DiPalma, Urso, and Acosta
Date Introduced: March 28, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 36-14-2 and 36-14-5 of the General Laws in Chapter 36-14 entitled 1
"Code of Ethics" are hereby amended to read as follows: 2
36-14-2. Definitions. 3
As used in this chapter: 4
(1) “Any person within his or her family” means a spouse and any dependent children of 5
any public official or public employee as well as a person who is related to any public official or 6
public employee, whether by blood, adoption or marriage, as any of the following: father, mother, 7
son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, 8
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, 9
stepson, stepdaughter, stepbrother, stepsister, halfbrother or halfsister; 10
(2) “Business” means a sole proprietorship, partnership, firm, corporation, holding 11
company, joint stock company, receivership, trust, or any other entity recognized in law through 12
which business for profit or not for profit is conducted; 13
(3) “Business associate” means a person joined together with another person to achieve a 14
common financial objective; 15
(4) “Employees of state and local government, of boards, commissions and agencies” 16
means any full time or part time employees in the classified, nonclassified and unclassified service 17
of the state or of any city or town within the state, any individuals serving in any appointed state or 18
municipal position, and any employees of any public or quasi-public state or municipal board, 19
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commission, or corporation; 1
(5) “Governmental function” means any action that is public in nature and is performed for 2
the common good of all the people; 3
(6) "Interested person" means a person or a representative of a person or business that has 4
a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to 5
make, or to participate in the making of, as part of their official duties. 6
(6)(7) “Open and public process” means the open solicitation for bids or proposals from 7
the general public by public announcement or public advertising followed by a public disclosure 8
of all bids or proposals considered and contracts awarded; 9
(7)(8) “Person” means an individual or a business entity; 10
(9) "Single interested person" shall include all employees or representatives of an 11
individual, business, organization or entity, 12
(8)(10)(i) “State agency” means any department, division, agency, commission, board, 13
office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode 14
Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that 15
is in any branch of Rhode Island state government and which exercises governmental functions 16
other than in an advisory nature; 17
(ii) “Municipal agency” means any department, division, agency, commission, board, 18
office, bureau, authority, quasi-public authority, or school, fire or water district within Rhode Island 19
other than a state agency and any other agency that is in any branch of municipal government and 20
exercises governmental functions other than in an advisory nature; 21
(9)(11) “State or municipal appointed official” means any officer or member of a state or 22
municipal agency as defined herein who is appointed for a term of office specified by the 23
constitution or a statute of this state or a charter or ordinance of any city or town or who is appointed 24
by or through the governing body or highest official of state or municipal government; 25
(10)(12) “State or municipal elected official” means any person holding any elective public 26
office pursuant to a general or special election; 27
(11)(13) A person’s natural child, adopted child, or stepchild is his or her “dependent child” 28
during a calendar year if the person provides over fifty percent (50%) of the child’s support during 29
the year; 30
(12)(14) A person “represents” him or herself before a state or municipal agency if he or 31
she participates in the presentation of evidence or arguments before that agency for the purpose of 32
influencing the judgment of the agency in his or her own favor; 33
(13)(15) A person “represents” another person before a state or municipal agency if he or 34
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she is authorized by that other person to act, and does in fact act, as that other person’s attorney at 1
law or his or her attorney in fact in the presentation of evidence or arguments before that agency 2
for the purpose of influencing the judgment of the agency in favor of that other person. 3
(14)(16) “Major decision-making position” means the executive or administrative head or 4
heads of a state agency, whether elected or appointed or serving as an employee and all members 5
of the judiciary, both state and municipal. For state agencies, a “major decision-making position” 6
shall include the positions of deputy director, executive director, assistant director and chief of 7
staff. 8
36-14-5. Prohibited activities. 9
(a) No person subject to this code of ethics shall have any interest, financial or otherwise, 10
direct or indirect, or engage in any business, employment, transaction, or professional activity, or 11
incur any obligation of any nature, which is in substantial conflict with the proper discharge of his 12
or her duties or employment in the public interest and of his or her responsibilities as prescribed in 13
the laws of this state, as defined in § 36-14-7. 14
(b) No person subject to this code of ethics shall accept other employment which will either 15
impair his or her independence of judgment as to his or her official duties or employment or require 16
him or her, or induce him or her, to disclose confidential information acquired by him or her in the 17
course of and by reason of his or her official duties. 18
(c) No person subject to this code of ethics shall willfully and knowingly disclose, for 19
pecuniary gain, to any other person, confidential information acquired by him or her in the course 20
of and by reason of his or her official duties or employment or use any information for the purpose 21
of pecuniary gain. 22
(d) No person subject to this code of ethics shall use in any way his or her public office or 23
confidential information received through his or her holding any public office to obtain financial 24
gain, other than that provided by law, for him or herself or any person within his or her family, any 25
business associate, or any business by which the person is employed or which the person represents. 26
(e) No person subject to this code of ethics shall: 27
(1) Represent him or herself before any state or municipal agency of which he or she is a 28
member or by which he or she is employed. In cases of hardship, the ethics commission may permit 29
such representation upon application by the official provided that he or she shall first: 30
(i) Advise the state or municipal agency in writing of the existence and the nature of his or 31
her interest in the matter at issue; 32
(ii) Recuse him or herself from voting on or otherwise participating in the agency’s 33
consideration and disposition of the matter at issue; and 34
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(iii) Follow any other recommendations the ethics commission may make to avoid any 1
appearance of impropriety in the matter. 2
(2) Represent any other person before any state or municipal agency of which he or she is 3
a member or by which he or she is employed. 4
(3) Act as an expert witness before any state or municipal agency of which he or she is a 5
member or by which he or she is employed with respect to any matter the agency’s disposition of 6
which will or can reasonably be expected to directly result in an economic benefit or detriment to 7
him or herself, or any person within his or her family, or any business associate of the person, or 8
any business by which that person is employed or which the person represents. 9
(4) Shall engage in any of the activities prohibited by subsection (e)(1), (e)(2), or (e)(3) of 10
this section for a period of one year after he or she has officially severed his or her position with 11
said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter 12
of public record in a court of law. 13
(f) No business associate of any person subject to this code of ethics shall represent him or 14
herself or any other person, or act as an expert witness before the state or municipal agency of 15
which the person is a member or by which the person is employed unless: 16
(1) He or she shall first advise the state or municipal agency of the nature of his or her 17
business relationship with the person subject to this code of ethics; and 18
(2) The person subject to this code of ethics shall recuse him or herself from voting on or 19
otherwise participating in the agency’s consideration and disposition of the matter at issue. 20
(g) No person subject to this code of ethics, or spouse (if not estranged), dependent child, 21
or business associate of the person, or any business by which the person is employed or which the 22
person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of 23
future employment based on any understanding that the vote, official action, or judgment of the 24
person would be influenced thereby. 25
(h) No person subject to this code of ethics, or any person within his or her family or 26
business associate of the person, or any business entity in which the person or any person within 27
his or her family or business associate of the person has a ten percent (10%) or greater equity 28
interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract 29
with any state or municipal agency unless the contract has been awarded through an open and public 30
process, including prior public notice and subsequent public disclosure of all proposals considered 31
and contracts awarded; provided, however, that contracts for professional services which have been 32
customarily awarded without competitive bidding shall not be subject to competitive bidding if 33
awarded through a process of public notice and disclosure of financial details. 34
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(i) No person shall give or offer to any person covered by this code of ethics, or to any 1
candidate for public office, or to any person within his or her family or business associate of any 2
person, or to any business by which the person is employed or which the person represents, any 3
gift, loan, political contribution, reward, or promise of future employment based on any 4
understanding or expectation that the vote, official action, or judgment of the person would be 5
influenced thereby. 6
(j) No person shall use for any commercial purpose information copied from any statements 7
required by this chapter or from lists compiled from the statements. 8
(k) No person shall knowingly and willfully make a false or frivolous complaint under this 9
chapter. 10
(l) No candidate for public office, or any person within his or her family, business associate 11
of the candidate, or any business by which the candidate is employed or which the candidate 12
represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future 13
employment based on any understanding that the vote, official action, or judgment of the candidate 14
would be influenced thereby. 15
(m) No person subject to this code of ethics shall, either directly or indirectly, through any 16
government agency, or through a business associate, or through any other person, threaten or 17
intimidate any complainant or witness or any family member of any complainant or witness in any 18
proceeding before the state ethics commission. 19
(1) In addition to any rights a complainant or witness may have under the Rhode Island 20
Whistleblowers’ Protection Act, chapter 50 of title 28 or under any other statute, a complainant or 21
witness may bring a civil action in superior court for appropriate injunctive relief, or actual 22
damages, or both and attorney’s fees within three (3) years after the occurrence of the alleged 23
violation of subsection (m) above. 24
(2) The initiation of litigation by a complainant or witness pursuant to subsection (m)(1) 25
shall not constitute a violation of any confidentiality provisions of this chapter. 26
(n)(1) No state elected official, while holding state office and for a period of one year after 27
leaving state office, shall seek or accept employment with any other state agency, as defined in § 28
36-14-2(8)(i), other than employment which was held at the time of the official’s election or at the 29
time of enactment of this subsection, except as provided herein. 30
(2) Nothing contained herein shall prohibit any general officer or the general assembly 31
from appointing any state elected official to a senior policy-making, discretionary, or confidential 32
position on the general officer’s or the general assembly’s staff, and in the case of the governor, to 33
a position as a department director; nor shall the provisions herein prohibit any state elected official 34
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from seeking or accepting a senior policy-making, discretionary, or confidential position on any 1
general officer’s or the general assembly’s staff, or from seeking or accepting appointment as a 2
department director by the governor. 3
(3) Nothing contained herein shall prohibit a state elected official from seeking or being 4
elected for any other constitutional office. 5
(4) Nothing contained herein shall prohibit the Rhode Island ethics commission from 6
authorizing exceptions to this subsection where such exemption would not create an appearance of 7
impropriety. 8
(o)(1) No person holding a senior policy-making, discretionary, or confidential position on 9
the staff of any state elected official or the general assembly shall seek or accept any other 10
employment by any state agency as defined in § 36-14-2(8)(i), while serving as such policy-11
making, discretionary, or confidential staff member and for a period of one year after leaving that 12
state employment as a member of the state elected official’s or the general assembly’s senior policy-13
making, discretionary, or confidential staff. 14
(2) Notwithstanding the foregoing, a person holding a senior policy-making, discretionary, 15
or confidential staff position who has a minimum of five (5) years of uninterrupted state service 16
shall be exempt from the provisions of this section. “State service” as used herein means service in 17
the classified, unclassified and nonclassified services of the state, but shall not include service in 18
any state elective office. 19
(3) Nothing contained herein shall prohibit any general officer or the general assembly 20
from appointing any such senior policy-making, discretionary, or confidential member of the staff 21
of any state elected official or the general assembly to any other senior policymaking, discretionary, 22
or confidential position on any general officer’s or the general assembly’s staff, and in the case of 23
the governor, to a position as a department director; nor shall the provisions hereof prohibit any 24
senior policy-making, discretionary, or confidential member of the staff of any state elected official 25
or the general assembly from seeking or accepting any other senior policy-making, discretionary, 26
or confidential position on any general officer’s or the general assembly’s staff, or from seeking or 27
accepting appointment as a department director by the governor. 28
(4) Nothing contained herein shall prohibit a person holding a senior policy-making, 29
discretionary, or confidential staff position from seeking or being elected for any constitutional 30
office. 31
(5) Nothing contained herein shall prohibit the Rhode Island ethics commission from 32
authorizing exceptions to this subsection where such exemption would not create an appearance of 33
impropriety. 34
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(p) No person subject to the code of ethics, either directly or as the beneficiary of a gift or 1
other thing of value given to a spouse or dependent child, shall accept or receive any gift of cash, 2
forbearance or forgiveness of indebtedness from an interested person, as defined herein, without 3
the interested person receiving lawful consideration of equal or greater value in return. 4
(q) No person subject to the code of ethics, either directly or as the beneficiary of a gift or 5
other thing of value given to a spouse or dependent child, shall accept or receive any gift(s) or other 6
thing(s) having either a fair market value or actual cost greater than fifty dollars ($50.00), but in no 7
case having either an aggregate fair market value or aggregate actual cost greater than two hundred 8
fifty dollars ($250) in any calendar year including, but not limited to, gifts, loans, rewards, promises 9
of future employment, favors or services, gratuities of special discounts, from a single interested 10
person, as defined herein, without the interested person receiving lawful consideration of equal or 11
greater value in return. 12
SECTION 2. This act shall take effect upon passage. 13
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS
***
This act would increase for persons subject to the Code of Ethics the maximum value of 1
an acceptable gift to fifty dollars ($50.00) from a single interested person, but in no case can the 2
gift have an aggregate value of more than two hundred fifty dollars ($250) in any calendar year. 3
This act would take effect upon passage. 4
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