Rhode Island Ethics Commission Offices
40 Fountain Street
Providence, Rhode Island 02903
Phone: 401-222-3790
Fax: 401-222-3382
Office Hours: Monday-Friday 8:30 a.m.-4:30 p.m.

History

In 1976, the Rhode Island General Assembly enacted the state's first Code of Ethics and created the Conflict of Interest Commission. That Code governed the activities of state and municipal elected and appointed officials and required all such officials to meet newly imposed financial disclosure requirements. The Conflict of Interest Commission enforced the statute.

In November, 1986, Rhode Island voters adopted a constitutional amendment mandating that the General Assembly "establish an independent, non-partisan ethics commission" (R.I. Const. art. III, sec. 8). In 1987, the General Assembly replaced the Conflict of Interest Commission with a 15-member Ethics Commission. In 1992, the Assembly reduced the size of the Ethics Commission to the current nine members.

The Rhode Island Constitution empowers the Ethics Commission to adopt and enforce a Code of Ethics, to investigate violations and to impose penalties, including removal from office (R.I. Const. art. III, sec. 8). Legislation enacted by the General Assembly grants the Ethics Commission additional powers to issue advisory opinions to public officials and employees and to offer educational programs. The statute also governs the process by which Commissioners are appointed, sets quorum requirements and defines the administrative powers of the Commission. (R.I. Gen. Laws § 36-14-1 et seq.)

The Rhode Island Constitution requires that public officials and employees "adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety and not use their position for private gain or advantage." (R.I. Const. art. III, sec. 7). The Constitution provides that all Rhode Island public officials and employees are subject to the Code of Ethics: elected and appointed officials and employees at the state and local levels of government.

The Code of Ethics prohibits conflicts of interest. Public officials and employees may not have financial interests that are in substantial conflict with the proper discharge of their public duties. Conflicts of interest include the financial interests of the public official or employee as well as those of his or her family, private employers, business associates, or any business the official or employee may represent. When conflicts of interest arise, public officials and employees are required to disclose the nature of the conflict. They are further required to disqualify themselves: they may neither take any official government action nor participate in deliberations concerning a matter in which they have a conflict of interest. The Code of Ethics includes statutory provisions adopted by the General Assembly (R.I. Gen. Laws § 36-14-1 et seq.) and regulatory provisions adopted by the Ethics Commission (Commission Regulations 36-14-1001 to 36-14-8001).

The Ethics Commission also has regulatory authority relating to certain financial disclosure requirements for gambling interests (R.I.G.L. 49-9-1 et seq.) and enforcement authority relating to goods or services provided to public officials and employees by state vendors (R.I. Gen. Laws § 36-14.1-1 et seq.). Copies of the Code are available from the Ethics Commission.

Commission Members

The Ethics Commission is comprised of nine Rhode Islanders. All nine members are appointed by the Governor in the following manner: Four members are selected and appointed solely by the Governor, and the remaining five are selected and appointed by the Governor from lists of nominees provided by the General Assembly leadership, namely, the Speaker of the House, House Majority Leader, House Minority Leader, Senate President and Senate Minority Leader. Members are appointed to serve five-year terms, although a member may continue serving past his or her term until a replacement is appointed. While serving on the Ethics Commission, members are prohibited from holding or campaigning for public office, holding office in any political party or political committee, and participating in or contributing to any political campaign. Commissioners may neither directly nor indirectly attempt to influence any decision by a governmental body. Currently, all Commission members are volunteers, receiving no compensation in return for their service.

Current members of the Ethics Commission are:

Barbara Binder, Chairperson. Appointed directly by the Governor in 2004, Ms. Binder was elected by the Commission to serve as Chairperson in June, 2008. Her term expires in 2009.

Ross E. Cheit, Vice-Chairperson. Appointed by the Governor in 2004 from a list of nominations provided by the Senate Minority Leader, Professor Cheit was elected by the Commission to serve as Vice-Chairperson in June, 2008. His term expires in 2009.

J. William W. Harsch, Secretary. Appointed directly by the Governor in 2008, Mr. Harsch was elected by the Commission to serve as Secretary in June, 2008. His term expires in 2012.

Frederick K. Butler. Appointed by the Governor in 2004 from a list of nominations provided by the House Minority Leader, Mr. Butler completed the unexpired term of his predecessor that expired in 2005. He is eligible for reappointment to a full, five-year term that would expire in 2010, and continues to serve pending his reappointment or replacement.

Deborah M. Cerullo, SSND. Appointed directly by the Governor in 2008. Sister Cerullo's term expires in 2010.

Richard Kirby. Appointed to fill an unexpired term by the Governor in 1998 from a list of nominations provided by the Speaker of the House, Mr. Kirby's original term expired in 2002. He continues to serve pending replacement.

Edward A. Magro. Appointed directly by the Governor in 2008, Mr. Magro's term expires in 2011.

James V. Murray. Appointed by the Governor in 1998 from a list of nominees provided by the House Majority leader, Mr. Murray's term expired in 2003 and he continues to serve pending his replacement.

Vacant. One seat on the Commission with a term expiring in 2011 has remained vacant since 2006. This position requires an appointment by the Governor from a list of nominees provided by the Senate President.

Staff

The staff of the Ethics Commission has responsibility for the daily operations of the agency. The Executive Director is the chief administrative officer, directs all investigative and enforcement activities, prosecutes complaints before the Commission, litigates matters before the Superior and Supreme Courts of Rhode Island, and coordinates policy decisions of the Commission. The Education Coordinator designs, develops and directs all educational programs, including seminars and publications, acts as a liaison to the public and the media, and coordinates the Commission's advisory opinion and public access programs. The Senior Staff Attorney oversees investigative matters, conducts prosecutions, represents the Commission in court litigation and drafts legal recommendations for the Commission regarding advisory opinions, legislation and policy matters. Staff Attorneys draft advisory opinions, and represent the Commission in investigations, prosecutions and litigation matters. The Investigators investigate complaints filed by private parties and by the Commission, oversee preliminary investigations and process and review non-complaint information received by and/or referred to the Commission. The Office Manager and ancillary staff maintain all financial disclosure and complaint records and provide administrative support to all Commission programs and activities. Considerable staff time is devoted to creating and maintaining accessible records for public inspection. Staff respond to hundreds of requests for information and access to public records maintained by the Commission.

Personnel

 
Legal Counsel

The services of the Legal Counsel are retained independent of the executive director or other Commission employees. The counsel responds to questions of law posed by Commission members. The Commission’s Legal Counsel is William J. Conley, Jr., Esq.

Student Interns

Undergraduate and law school students intern with the Commission, conducting research, assisting with data entry and providing support to the advisory opinion, enforcement and educational programs.

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