2012 -- S 2577

=======

LC00287

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS

     

     

     Introduced By: Senators Sheehan, McCaffrey, and Ruggerio

     Date Introduced: February 28, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 36-14-8 of the General Laws in Chapter 36-14 entitled "Code of

1-2

Ethics" is hereby amended to read as follows:

1-3

     36-14-8. Rhode Island ethics commission -- Establishment -- Members -- Vacancies -

1-4

- Quorum -- Compensation and quarters. -- (a) There is hereby established an independent and

1-5

nonpartisan Rhode Island ethics commission composed of nine (9) members appointed by the

1-6

governor. The president of the senate, the minority leader of the senate, the speaker of the house

1-7

of representatives, the majority leader of the house of representatives, and the minority leader of

1-8

the house of representatives shall, within twenty (20) days of July 21, 1992, each submit to the

1-9

governor a list of names of at least five (5) individuals. The governor shall, within forty (40) days

1-10

of July 21, 1992, appoint one individual from each of the lists so submitted and four (4)

1-11

individuals without regard to the lists submitted by the legislative leaders. All members of the

1-12

commission as of the effective date of this section shall continue to serve the balance of the terms

1-13

to which they were appointed. All appointments made pursuant to this section after the effective

1-14

date of this section shall be subject to the advice and consent of the senate.

1-15

      (b) Members of the commission shall serve for terms of five (5) years, except that, of the

1-16

members first appointed:

1-17

      (1) The individual appointed from the list submitted by the majority leader of the house

1-18

of representatives shall serve for one year;

1-19

      (2) The individuals appointed from the lists submitted by the minority leader of the

1-20

senate and one of the individuals appointed by the governor without regard to the lists submitted

2-1

by the legislative leaders shall serve for two (2) years;

2-2

      (3) The individual appointed from the list submitted by the minority leader of the house

2-3

of representatives and one of the individuals appointed by the governor without regard to the lists

2-4

submitted by the legislative leaders shall serve for three (3) years;

2-5

      (4) The individual appointed from the list submitted by the president of the senate and

2-6

one of the individuals appointed from the list submitted by the minority leader of the house of

2-7

representatives shall serve for four (4) years; and

2-8

      (5) The individual appointed from the list submitted by the speaker of the house of

2-9

representatives and one of the individuals appointed from the list submitted by the minority leader

2-10

of the senate shall serve for five (5) years.

2-11

      (c) No member shall be appointed for more than one full five (5) year term; provided,

2-12

however, that each member shall continue to serve until his or her successor is appointed and

2-13

qualified; and, provided further, that if, at the time of the expiration of any member's term, that

2-14

member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in

2-15

that capacity until the commission has completed its responsibilities with respect to that

2-16

complaint.

2-17

      (d) The governor shall, at the time of the initial appointments to the commission,

2-18

designate one member to act as chairperson of the commission for a period of one year and

2-19

another to act as vice chairperson of the commission for a period of one year. Thereafter, the

2-20

commission shall elect a chairperson and a vice chairperson. The vice chairperson shall act as

2-21

chairperson in the absence of the chairperson or in the event of a vacancy in that position.

2-22

      (e) Any vacancy on the commission, occurring for any reason prior to the expiration of

2-23

the term, shall be filled for the unexpired term by the appointing authority in the same manner as

2-24

the original appointment within thirty (30) days of the vacancy occurring.

2-25

      (f) No individual, while a member or employee of the commission, including any legal

2-26

counsel engaged by the commission, shall:

2-27

      (1) Hold or campaign for any other public office;

2-28

      (2) Hold office in any political party or political committee;

2-29

      (3) Participate in or contribute to any political campaign;

2-30

      (4) Directly or indirectly attempt to influence any decision by a governmental body,

2-31

other than as the duly authorized representative of the commission on a matter within the

2-32

jurisdiction of the commission;

2-33

      (5) Have held elective public office or have been a candidate for elective public office

2-34

for a one year period prior to appointment.

3-1

      (6) Have any equity interest or ownership interest in, or be employed by a business entity

3-2

that derives any of its revenue or income by engaging in lobbying, as defined in chapter 22-10

3-3

and chapter 42-139.

3-4

      (g) The governor shall declare vacant the position on the commission of any member

3-5

who takes part in activities prohibited by subsection (f) of this section. An individual appointed to

3-6

fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the

3-7

unexpired term of the member he or she succeeds, and is eligible for appointment to one full five-

3-8

year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30)

3-9

days in the manner in which that position was originally filled.

3-10

      (h) For any action to be taken under the terms of this chapter by the full commission,

3-11

five (5) members of the commission shall constitute a quorum.

3-12

      (i) Commission members shall not be compensated for attendance at meetings of the

3-13

commission or of any investigating committee or adjudicative panel of the commission.

3-14

      (j) All departments and agencies of the state or of any city or town or political

3-15

subdivision within this state shall furnish such advice or information documentary or otherwise,

3-16

to the commission and its agents as is deemed necessary or desirable by the commission to

3-17

facilitate the purposes of this chapter.

3-18

      (k) The director of administration is hereby authorized and directed to provide suitable

3-19

quarters for the commission.

3-20

      (l) When commission members act in good faith within the scope of their authority and

3-21

in their official capacities they shall be afforded protection against civil liability as provided in

3-22

section 9-1-31.1.

3-23

     SECTION 2. This act shall take effect upon passage.

     

=======

LC00287

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS

***

4-1

     This act would require the advice and consent of the senate for future appointments to the

4-2

Rhode Island ethics commission.

4-3

     This act would take effect upon passage.

     

=======

LC00287

=======

S2577