Advisory Opinion No. 2003-32

Re: Andrew E. Galli

QUESTION PRESENTED

The petitioner, the former Director of Administrative Records in the Rhode Island Office of the Secretary of State, a state employee position, requests an advisory opinion regarding whether, in his private employment, he may engage in lobbying of the General Assembly and state agencies other than the Office of the Secretary of State.

RESPONSE

It is the opinion of the Commission that the petitioner, the former Director of Administrative Records in the Rhode Island Office of the Secretary of State, a state employee position, may engage in lobbying of the General Assembly and state agencies other than the Office of Secretary of State.

The petitioner represents that from February of 2001 until May of 2002 he was employed as a Program and Project Coordinator for the Rhode Island Office of the Secretary of State. The petitioner states that in that position, he designed and implemented civic educational projects and programs, researched and wrote policy papers, reports and educational manuals on Rhode Island's election procedures, and organized and assisted in public forums and events based on the history of Rhode Island and the responsibilities of the Secretary of State's Office. The petitioner left this employment in May 2002.

In September of 2002, the petitioner represents that he became re-employed by the Secretary of State's Office with the title of Director of Administrative Records. In that position, the petitioner supervised the Administrative Records staff, coordinated rules and regulations filings and produced special educational and historic programs. The petitioner was terminated from this employment effective January 7, 2003, upon a change of administration in the Office of the Secretary of State. He asks whether the Code of Ethics prohibits him from now engaging in lobbying of the Rhode Island General Assembly and of other state agencies other than the Office of the Secretary of State.

Under the Code of Ethics, a state employee may not represent himself or any other person before any state or municipal agency by which he is employed. R.I. Gen. Laws § 36-14-5(e)(1), (2). This prohibition applies not only during the period of employment, but is extended for a period of one year after he has officially severed his position with said state or municipal agency. R.I. Gen. Laws § 36-14-5(e)(4).

In this matter, the petitioner represents that he will not engage in any form of appearance or lobbying before his former employer, the Office of the Secretary of State. Accordingly, the prohibitions contained in § 36-14-5(e) are not implicated, and no other provision of the Code prohibits a former public employee from appearing before or lobbying other departments, agencies or branches of government following his severance from public employment.

Code Citations:

36-14-5(e)

Related Advisory Opinions:

2003-2

2003-28

2001-26

99-45

96-11

Keywords:

Revolving Door

Private Employment

Lobbying