2013 -- S 0698

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LC01991

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS

     Introduced By: Senator James C. Sheehan

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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Ethics" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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the members first appointed:

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

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of representatives shall serve for one year;

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

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

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

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

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

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

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

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

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representatives shall serve for four (4) years; and

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

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

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

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

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

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

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

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

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complaint.

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

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

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

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

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

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

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

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

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

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counsel engaged by the commission, shall:

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

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

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

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

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

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jurisdiction of the commission;

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

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for a one year period prior to appointment.

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

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

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and chapter 42-139.

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

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

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

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

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

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

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

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

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

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

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

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

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

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facilitate the purposes of this chapter.

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

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quarters for the commission.

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

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

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section 9-1-31.1.

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     SECTION 2. This act shall take effect upon passage.

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LC01991

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- CODE OF ETHICS

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     This act would empower the governor to appoint all future members of the Rhode Island

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ethics commission with the advice and consent of the senate.

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     This act would take effect upon passage.

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LC01991

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