Advisory Opinion No. 2004-4

Re: Anthony Marcella

QUESTION PRESENTED:

The petitioner, a former Special Assistant to the House Majority Leader of the Rhode Island House of Representatives, a state employee position, requests an advisory opinion regarding application of the revolving door provisions of the Code of Ethics.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a former Special Assistant to the House Majority Leader of the Rhode Island House of Representatives, a state employee position, is subject to the revolving door and post-employment restrictions with respect to any substantive involvement with the Rhode Island General Assembly.

The petitioner represents that he was employed as the Special Assistant to the House Majority Leader of the Rhode Island House of Representatives until January 9, 2004. In that capacity, he kept and organized the Majority Leader's calendar, scheduled appointments and acted as a liaison between House members and the Majority Leader on issues and activities. The petitioner represents that he did not have a policy-making, discretionary or confidential role in his employment, but that such role is filled by the Majority Leader's Chief of Staff.

The petitioner now wishes to provide consulting and lobbying services to private businesses. He represents that the majority of his lobbying and consulting work will be on the Federal level in Washington D.C. However, the petitioner may wish to interact with Rhode Island officials in his private employment. The petitioner represents that he will not interact with the Rhode Island House of Representatives for a period of one year from the severance of his position with the House Majority Leader, but wishes to interact with the Rhode Island Senate and with the Executive Branch and departments.

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 an analogous advisory opinion, the Commission opined that the Code of Ethics did not prohibit the former Director of Legislative and Governmental Affairs in the Rhode Island Office of the Lieutenant Governor from engaging in lobbying of the General Assembly and state agencies other than the Office of the Lieutenant Governor. A.O. 2003-56. Similarly, in A.O. 2003-32, the Commission opined that the former Director of Administrative Records in the Rhode Island Office of the Secretary of State could lobby the General Assembly and other state agencies in his private employment, provided that he did not lobby the Office of the Secretary of State, his former employer.

The revolving door and post-employment restrictions set out in the Code of Ethics prohibit a former state employee from appearing before a state agency by which he was employed for a period of one year after the termination of that employment. Provided that the petitioner refrains from appearing before or lobbying the Rhode Island General Assembly including the House of Representatives and Senate, for a period of one year after the date of his official severance from that position, the provisions of 5(e) would not prohibit his lobbying the Executive Branch or its departments.

Code Citations:

36-14-5(e)

Related Advisory Opinions:

2003-56

2003-32

2003-2

2003-28

2001-26

99-45

96-11

Keywords:

Revolving Door

Private Employment

Lobbying