A person who files an ethics complaint ("complainant") is not a party to the Ethics Commission proceedings that follow. Instead, the complaint is investigated and prosecuted by an Ethics Commission prosecutor who represents the public interest of all of the people of Rhode Island.
Although the complainant has no official role in subsequent proceedings, current regulations provide a complainant with special access to the complaint process that are not available to members of the general public. For example, the complainant is permitted to observe (but not participate in) hearings that are held in executive session to determine whether probable cause exists, or to determine whether the Ethics Commission should settle a complaint prior to an adjudicative hearing.
Given that settlement negotiations and executive deliberations are almost universally kept confidential in other venues as well as before other administrative bodies, the Ethics Commission has begun considering whether its procedures relative to the complainant's access to potential settlement negotiations should be amended.
The Ethics Commission directed its staff to draft four different possible options, and to seek written, public comment on each. These options are as follows (click on each link for the full text of the option or click here for all options):
Option A: Regulation 1011 (settlements) as currently written with no changes.
Option B: Complainant receives notice of settlement hearing, and is given a copy of proposed settlement prior to hearing, but is not invited to attend hearing.
Option C: Complainant receives notice of hearing, and is invited to attend, but is not given a copy of settlement proposal prior to hearing.
Option D: Complainant receives copy of settlement proposal prior to hearing, but is not invited to attend.
If you wish to provide any written comments, please email them to the Ethics Commission at comment@ethics.state.ri.us, or mail or hand deliver them to the Ethics Commission, 40 Fountain Street, Providence, RI 02903. All written comments must be received no later than September 15, 2009. The Commission may consider these options at its meeting on September 22, 2009, and if so, may allow oral comments at that time. Any questions can be directed to Jason Gramitt, Staff Attorney at (401) 222-3790, ext. 17.