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Individual Advisory Opinions I General Commission Advisories
Advisory opinions are interpretations of the Rhode Island Code of Ethics. General Commission Advisories are issued by the Commission about matters of a general nature and may be used as guidance for public officials and employees. However, a public official or employee also may receive specific guidance from the Commission about a particular circumstance through the advisory opinion process. In an effort to make advisory opinions more accessible, a keyword list has been developed by the Commission. They may be used to research advisory opinions.
If you are an elected or appointed public official of State or local government, or if you are a public employee of State or local government, you may request advice from the Ethics Commission. If you believe you may face a real or potential conflict of interest, the time to request an advisory opinion is before you take any official action. The Commission responds to most advisory opinion requests within two to three weeks. In emergency situations, the Commission may be able to offer preliminary advice within days or even hours.
Write a letter to the Commission requesting an advisory opinion. The letter should contain a complete statement of the facts. You may write a paragraph or several pages depending on your particular circumstances. You should include:
The Commission will send you a letter confirming receipt of your request and scheduling a hearing date. All hearings involving advisory opinions are open public hearings. One week prior to the hearing, you will receive a draft recommendation prepared by a staff attorney. You may participate in the hearing if you choose. At the hearing the Commission will consider both the draft recommendation and comments or concerns submitted by the requesting party. The Commissioners may also ask questions to clarify any relevant facts.
The Commission will adopt an advisory opinion by a vote of at least 5 of the 9 members. You will receive a written copy. This opinion and your written request are public records.
All advisory opinions are "binding" on the Commission. That means that if you abide by the opinion in good faith, and if you did not misstate or withhold material facts in your request for the opinion, you cannot be held in violation of the Code in any subsequent proceeding concerning your actions.
For more information see: R.I. Gen. Laws 36-14-11 and Rhode Island Ethics Commission Regulation 1024, or call the Commission at 222-3790 (V/TT).