2015 -- H 5306

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LC000081

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - CODE OF CONDUCT

     Introduced By: Representatives McLaughlin, and Messier

     Date Introduced: February 05, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 36 of the General Laws entitled "PUBLIC OFFICERS AND

EMPLOYEES" is hereby amended by adding thereto the following chapter:

CHAPTER 14.2

CODE OF CONDUCT

     36-14.2-1. Declaration of policy. – It is the policy of the state of Rhode Island that

public officials, public employees, and candidates for public office must adhere to the highest

standards of civility and decorum in the conduct of their duties, responsibilities, and campaigns

for public office.

     36-14.2-2. Definitions. – As used in this chapter:

     (1) "Employees of state and local government, of boards, commissions, and agencies"

means any full-time or part-time employees in the classified, nonclassified, and unclassified

service of the state or of any city or town within the state, any individuals serving in any

appointed state or municipal position, and any employees of any public or quasi-public state or

municipal board, commission, or corporation;

     (2)(i) "State agency" means any department, division, agency, commission, board, office,

bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode

Island general assembly, or an agency or committee thereof, the judiciary, or any other agency

that is in any branch of Rhode Island state government and which exercises governmental

functions other than in an advisory nature;

     (ii) "Municipal agency" means any department, division, agency, commission, board,

office, bureau, authority, quasi-public authority, or school, fire, or water district within Rhode

Island other than a state agency and any other agency that is in any branch of municipal

government and exercises governmental functions other than in an advisory nature;

     (3) "State or municipal appointed official" means any officer or member of a state or

municipal agency as defined herein who is appointed for a term of office specified by the

constitution or a statute of this state or a charter or ordinance of any city or town, or who is

appointed by or through the governing body or highest official of state or municipal government;

and

     (4) "State or municipal elected official" means any person holding any elective public

office pursuant to a general or special election.

     36-14.2-3. Code of conduct. – Sections 36-14.2-4 and 36-14.2-5 shall constitute the

Rhode Island code of conduct in government.

     36-14.2-4. Persons subject to code of conduct. – The following persons shall be subject

to the provisions of the Rhode Island code of conduct in government:

     (1) State and municipal elected officials;

     (2) State and municipal appointed officials;

     (3) Employees of state and local governments, boards, commissions, and agencies; and

     (4) Candidates for state and local offices.

     36-14.2-5. Persons subject to code of conduct. – (a) All persons subject to this code of

conduct have a responsibility to adhere to the highest ideals of civility and decorum in dealing

with their fellow state and local elected and appointed officials, state and local employees, and

other candidates for state and local offices, and shall at all times honor the public trust and dignity

bestowed upon them as community leaders.

     (b) All persons subject to this code of conduct shall:

     (1) Demonstrate honesty and integrity in every action and statement;

     (2) Comply with both the letter and spirit of the laws and policies affecting the operation

of government;

     (3) Serve as a model of leadership and civility to the community;

     (4) Inspire public confidence in state and local government;

     (5) Work for the common good, not personal interest;

     (6) Fully participate in sessions, meetings, and other public forums while demonstrating

respect, kindness, consideration, and courtesy to others;

     (7) Be responsible for the highest standards of respect, civility, and honesty in ensuring

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the effective maintenance of intergovernmental relations; and

     (8) Respect the proper roles of state and local elected officials, and state and local staff

and employees in ensuring open, transparent, and effective government.

     (c) All persons subject to this code of conduct serving in the general assembly, or on city

or town councils or as members of any board, commission, or agency shall:

     (1) Keep in mind that despite the wide variety of backgrounds, personalities, values,

opinions, and goals, all serve the common goal to improve the quality of life in this state and the

various cities and towns, even as these individuals may "agree to disagree" on contentious issues.

     (2) In public meetings:

     (i) Use formal titles;

     (ii) Practice civility and respect in discussions and debate and be respectful of diverse

opinions;

     (iii) Honor the role of the presiding officer in maintaining order and equity;

     (iv) Demonstrate effective problem-solving approaches; and

     (v) Be respectful of other people's time.

     (3) In private encounters:

     (i) Treat others as one would like to be treated;

     (4) Conduct with staff and employees:

     (i) Treat all staff and employees as professionals;

     (ii) Channel communications through the appropriate senior staff and managers;

     (iii) All members should have the same information with which to make decisions;

     (iv) Never publicly criticize an individual employee. Criticism is differentiated from

questioning facts or the opinion of staff;

     (v) Do not get involved in administrative functions; and

     (vi) Respect the competing demands for staff and employee work.

     (5) Conduct with boards and commissions:

     (i) If attending a board or commission meeting, identify one's comments as personal

views or opinions;

     (ii) Remember that boards and commissions are advisory to the state, city, or town as a

whole, not individual state, city, and town officials;

     (iii) Concerns about an individual board or commission member should be pursued with

tact;

     (iv) Be respectful of diverse opinions;

     (v) Keep political support away from public forums; and

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     (vi) Maintain an active liaison relationship.

     (6) Employees of state and elected public officials, city and town councils, and the

general assembly shall conduct themselves as follows:

     (i) Respond to questions as fully and as expeditiously as is practical;

     (ii) Respect the role of elected public officials, members of city and town councils, and

the general assembly as policy makers for the state, city, or town;

     (iii) Demonstrate professionalism and non-partisanship in all interactions with the

community and in public meetings; and

     (iv) Demonstrate respect for the general assembly and city and town councils at all times.

All members should be treated equally.

     36-14.2-6. Enforcement. – Any violations of this chapter shall be enforced by the Rhode

Island ethics commission pursuant to the provisions of §§ 36-14-8 through 36-14-14.

     36-14.2-7. Judicial review. – Any action taken by the commission pursuant to this

chapter shall be subject to review pursuant to chapter 35 of title 42.

     36-14.2-8. Penalties. – Any person who knowingly and willfully violates the provisions

of this chapter, in addition to the civil penalties provided in chapter 14 of title 36, shall be subject

to a fine of not more than one thousand dollars ($1,000).

     36-14.2-9. Construction. – The provisions of this chapter shall be construed to be in

addition to, and not in substitution of, any other provisions of law not inconsistent herewith.

     36-14.2-10. Severability. – If any provision of this chapter, or the application thereof to

any person or circumstance is held invalid, the validity of the remainder of the chapter and the

application of the provisions to other persons and circumstances shall not be affected thereby.

     SECTION 2. This act shall take effect on September 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - CODE OF CONDUCT

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     This act would establish a code of conduct for elected public offices, state and municipal

employees, and candidates for state and local office enforced by the Rhode Island ethics

commission.

     This act would take effect on September 1, 2015.

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