§ 36-14-5 Prohibited activities. –(a) No person subject to this code of ethics shall have any interest, financialor otherwise, direct or indirect, or engage in any business, employment,transaction, or professional activity, or incur any obligation of any nature,which is in substantial conflict with the proper discharge of his or her dutiesor employment in the public interest and of his or her responsibilities asprescribed in the laws of this state, as defined in § 36-14-7.
(b) No person subject to this code of ethics shall acceptother employment which will either impair his or her independence of judgmentas to his or her official duties or employment or require him or her, or inducehim or her, to disclose confidential information acquired by him or her in thecourse of and by reason of his or her official duties.
(c) No person subject to this code of ethics shall willfullyand knowingly disclose, for pecuniary gain, to any other person, confidentialinformation acquired by him or her in the course of and by reason of his or herofficial duties or employment or use any information for the purpose ofpecuniary gain.
(d) No person subject to this code of ethics shall use in anyway his or her public office or confidential information received through hisor her holding any public office to obtain financial gain, other than thatprovided by law, for him or herself or any person within his or her family, anybusiness associate, or any business by which the person is employed or whichthe person represents.
(e) No person subject to this code of ethics shall:
(1) Represent him or herself before any state or municipalagency of which he or she is a member or by which he or she is employed. Incases of hardship, the ethics commission may permit such representation uponapplication by the official provided that he or she shall first:
(i) Advise the state or municipal agency in writing of theexistence and the nature of his or her interest in the matter at issue;
(ii) Recuse him or herself from voting on or otherwiseparticipating in the agency's consideration and disposition of the matter atissue; and
(iii) Follow any other recommendations the ethics commissionmay make to avoid any appearance of impropriety in the matter.
(2) Represent any other person before any state or municipalagency of which he or she is a member or by which he or she is employed.
(3) Act as an expert witness before any state or municipalagency of which he or she is a member or by which he or she is employed withrespect to any matter the agency's disposition of which will or can reasonablybe expected to directly result in an economic benefit or detriment to him orherself, or any person within his or her family, or any business associate ofthe person, or any business by which that person is employed or which theperson represents.
(4) Shall engage in any of the activities prohibited bysubsection (e)(1), (e)(2), or (e)(3) of this section for a period of one yearafter he or she has officially severed his or her position with said state ormunicipal agency; provided, however, that this prohibition shall not pertain toa matter of public record in a court of law.
(f) No business associate of any person subject to this codeof ethics shall represent him or herself or any other person, or act as anexpert witness before the state or municipal agency of which the person is amember or by which the person is employed unless:
(1) He or she shall first advise the state or municipalagency of the nature of his or her business relationship with the personsubject to this code of ethics; and
(2) The person subject to this code of ethics shall recusehim or herself from voting on or otherwise participating in the agency'sconsideration and disposition of the matter at issue.
(g) No person subject to this code of ethics, or spouse (ifnot estranged), dependent child, or business associate of the person, or anybusiness by which the person is employed or which the person represents, shallsolicit or accept any gift, loan, political contribution, reward, or promise offuture employment based on any understanding that the vote, official action, orjudgment of the person would be influenced thereby.
(h) No person subject to this code of ethics, or any personwithin his or her family or business associate of the person, or any businessentity in which the person or any person within his or her family or businessassociate of the person has a ten percent (10%) or greater equity interest orfive thousand dollars ($5,000) or greater cash value interest, shall enter intoany contract with any state or municipal agency unless the contract has beenawarded through an open and public process, including prior public notice andsubsequent public disclosure of all proposals considered and contracts awarded;provided, however, that contracts for professional services which have beencustomarily awarded without competitive bidding shall not be subject tocompetitive bidding if awarded through a process of public notice anddisclosure of financial details.
(i) No person shall give or offer to any person covered bythis code of ethics, or to any candidate for public office, or to any personwithin his or her family or business associate of any person, or to anybusiness by which the person is employed or which the person represents, anygift, loan, political contribution, reward, or promise of future employmentbased on any understanding or expectation that the vote, official action, orjudgment of the person would be influenced thereby.
(j) No person shall use for any commercial purposeinformation copied from any statements required by this chapter or from listscompiled from the statements.
(k) No person shall knowingly and willfully make a false orfrivolous complaint under this chapter.
(l) No candidate for public office, or any person within hisor her family, business associate of the candidate, or any business by whichthe candidate is employed or which the candidate represents, shall solicit oraccept any gift, loan, political contribution, reward, or promise of futureemployment based on any understanding that the vote, official action, orjudgment of the candidate would be influenced thereby.
(m) No person subject to this code of ethics shall, eitherdirectly or indirectly, through any government agency, or through a businessassociate, or through any other person, threaten or intimidate any complainantor witness or any family member of any complainant or witness in any proceedingbefore the state ethics commission.
(1) In addition to any rights a complainant or witness mayhave under the Rhode Island Whistleblowers' Protection Act, chapter 50 of title28 or under any other statute, a complainant or witness may bring a civilaction in superior court for appropriate injunctive relief, or actual damages,or both and attorney's fees within three (3) years after the occurrence of thealleged violation of subsection (m) above.
(2) The initiation of litigation by a complainant or witnesspursuant to subsection (m)(1) shall not constitute a violation of anyconfidentiality provisions of this chapter.
(n) No state elected official, while holding state office andfor a period of one year after leaving state office, shall seek or acceptemployment with any other state agency, as defined in § 36-14-2(8)(i),other than employment which was held at the time of the official's election orat the time of enactment of this subsection, except as provided herein.
(2) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any state elected official to asenior policy-making, discretionary, or confidential position on the generalofficer's or the general assembly's staff, and in the case of the governor, toa position as a department director; nor shall the provisions herein prohibitany state elected official from seeking or accepting a senior policy-making,discretionary, or confidential position on any general officer's or the generalassembly's staff, or from seeking or accepting appointment as a departmentdirector by the governor.
(3) Nothing contained herein shall prohibit a state electedofficial from seeking or being elected for any other constitutional office.
(4) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
(o) No person holding a senior policy-making, discretionary,or confidential position on the staff of any state elected official or thegeneral assembly shall seek or accept any other employment by any state agencyas defined in § 36-14-2(8)(i), while serving as such policy-making,discretionary, or confidential staff member and for a period of one year afterleaving that state employment as a member of the state elected official's orthe general assembly's senior policy-making, discretionary, or confidentialstaff.
(2) Notwithstanding the foregoing, a person holding a seniorpolicy-making, discretionary, or confidential staff position who has a minimumof five (5) years of uninterrupted state service shall be exempt from theprovisions of this section. "State service" as used herein means service in theclassified, unclassified and nonclassified services of the state, but shall notinclude service in any state elective office.
(3) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any such senior policy-making,discretionary, or confidential member of the staff of any state electedofficial or the general assembly to any other senior policymaking,discretionary, or confidential position on any general officer's or the generalassembly's staff, and in the case of the governor, to a position as adepartment director; nor shall the provisions hereof prohibit any seniorpolicy-making, discretionary, or confidential member of the staff of any stateelected official or the general assembly from seeking or accepting any othersenior policy-making, discretionary, or confidential position on any generalofficer's or the general assembly's staff, or from seeking or acceptingappointment as a department director by the governor.
(4) Nothing contained herein shall prohibit a person holdinga senior policy-making, discretionary, or confidential staff position fromseeking or being elected for any constitutional office.
(5) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
§ 36-14-5 Prohibited activities. –(a) No person subject to this code of ethics shall have any interest, financialor otherwise, direct or indirect, or engage in any business, employment,transaction, or professional activity, or incur any obligation of any nature,which is in substantial conflict with the proper discharge of his or her dutiesor employment in the public interest and of his or her responsibilities asprescribed in the laws of this state, as defined in § 36-14-7.
(b) No person subject to this code of ethics shall acceptother employment which will either impair his or her independence of judgmentas to his or her official duties or employment or require him or her, or inducehim or her, to disclose confidential information acquired by him or her in thecourse of and by reason of his or her official duties.
(c) No person subject to this code of ethics shall willfullyand knowingly disclose, for pecuniary gain, to any other person, confidentialinformation acquired by him or her in the course of and by reason of his or herofficial duties or employment or use any information for the purpose ofpecuniary gain.
(d) No person subject to this code of ethics shall use in anyway his or her public office or confidential information received through hisor her holding any public office to obtain financial gain, other than thatprovided by law, for him or herself or any person within his or her family, anybusiness associate, or any business by which the person is employed or whichthe person represents.
(e) No person subject to this code of ethics shall:
(1) Represent him or herself before any state or municipalagency of which he or she is a member or by which he or she is employed. Incases of hardship, the ethics commission may permit such representation uponapplication by the official provided that he or she shall first:
(i) Advise the state or municipal agency in writing of theexistence and the nature of his or her interest in the matter at issue;
(ii) Recuse him or herself from voting on or otherwiseparticipating in the agency's consideration and disposition of the matter atissue; and
(iii) Follow any other recommendations the ethics commissionmay make to avoid any appearance of impropriety in the matter.
(2) Represent any other person before any state or municipalagency of which he or she is a member or by which he or she is employed.
(3) Act as an expert witness before any state or municipalagency of which he or she is a member or by which he or she is employed withrespect to any matter the agency's disposition of which will or can reasonablybe expected to directly result in an economic benefit or detriment to him orherself, or any person within his or her family, or any business associate ofthe person, or any business by which that person is employed or which theperson represents.
(4) Shall engage in any of the activities prohibited bysubsection (e)(1), (e)(2), or (e)(3) of this section for a period of one yearafter he or she has officially severed his or her position with said state ormunicipal agency; provided, however, that this prohibition shall not pertain toa matter of public record in a court of law.
(f) No business associate of any person subject to this codeof ethics shall represent him or herself or any other person, or act as anexpert witness before the state or municipal agency of which the person is amember or by which the person is employed unless:
(1) He or she shall first advise the state or municipalagency of the nature of his or her business relationship with the personsubject to this code of ethics; and
(2) The person subject to this code of ethics shall recusehim or herself from voting on or otherwise participating in the agency'sconsideration and disposition of the matter at issue.
(g) No person subject to this code of ethics, or spouse (ifnot estranged), dependent child, or business associate of the person, or anybusiness by which the person is employed or which the person represents, shallsolicit or accept any gift, loan, political contribution, reward, or promise offuture employment based on any understanding that the vote, official action, orjudgment of the person would be influenced thereby.
(h) No person subject to this code of ethics, or any personwithin his or her family or business associate of the person, or any businessentity in which the person or any person within his or her family or businessassociate of the person has a ten percent (10%) or greater equity interest orfive thousand dollars ($5,000) or greater cash value interest, shall enter intoany contract with any state or municipal agency unless the contract has beenawarded through an open and public process, including prior public notice andsubsequent public disclosure of all proposals considered and contracts awarded;provided, however, that contracts for professional services which have beencustomarily awarded without competitive bidding shall not be subject tocompetitive bidding if awarded through a process of public notice anddisclosure of financial details.
(i) No person shall give or offer to any person covered bythis code of ethics, or to any candidate for public office, or to any personwithin his or her family or business associate of any person, or to anybusiness by which the person is employed or which the person represents, anygift, loan, political contribution, reward, or promise of future employmentbased on any understanding or expectation that the vote, official action, orjudgment of the person would be influenced thereby.
(j) No person shall use for any commercial purposeinformation copied from any statements required by this chapter or from listscompiled from the statements.
(k) No person shall knowingly and willfully make a false orfrivolous complaint under this chapter.
(l) No candidate for public office, or any person within hisor her family, business associate of the candidate, or any business by whichthe candidate is employed or which the candidate represents, shall solicit oraccept any gift, loan, political contribution, reward, or promise of futureemployment based on any understanding that the vote, official action, orjudgment of the candidate would be influenced thereby.
(m) No person subject to this code of ethics shall, eitherdirectly or indirectly, through any government agency, or through a businessassociate, or through any other person, threaten or intimidate any complainantor witness or any family member of any complainant or witness in any proceedingbefore the state ethics commission.
(1) In addition to any rights a complainant or witness mayhave under the Rhode Island Whistleblowers' Protection Act, chapter 50 of title28 or under any other statute, a complainant or witness may bring a civilaction in superior court for appropriate injunctive relief, or actual damages,or both and attorney's fees within three (3) years after the occurrence of thealleged violation of subsection (m) above.
(2) The initiation of litigation by a complainant or witnesspursuant to subsection (m)(1) shall not constitute a violation of anyconfidentiality provisions of this chapter.
(n) No state elected official, while holding state office andfor a period of one year after leaving state office, shall seek or acceptemployment with any other state agency, as defined in § 36-14-2(8)(i),other than employment which was held at the time of the official's election orat the time of enactment of this subsection, except as provided herein.
(2) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any state elected official to asenior policy-making, discretionary, or confidential position on the generalofficer's or the general assembly's staff, and in the case of the governor, toa position as a department director; nor shall the provisions herein prohibitany state elected official from seeking or accepting a senior policy-making,discretionary, or confidential position on any general officer's or the generalassembly's staff, or from seeking or accepting appointment as a departmentdirector by the governor.
(3) Nothing contained herein shall prohibit a state electedofficial from seeking or being elected for any other constitutional office.
(4) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
(o) No person holding a senior policy-making, discretionary,or confidential position on the staff of any state elected official or thegeneral assembly shall seek or accept any other employment by any state agencyas defined in § 36-14-2(8)(i), while serving as such policy-making,discretionary, or confidential staff member and for a period of one year afterleaving that state employment as a member of the state elected official's orthe general assembly's senior policy-making, discretionary, or confidentialstaff.
(2) Notwithstanding the foregoing, a person holding a seniorpolicy-making, discretionary, or confidential staff position who has a minimumof five (5) years of uninterrupted state service shall be exempt from theprovisions of this section. "State service" as used herein means service in theclassified, unclassified and nonclassified services of the state, but shall notinclude service in any state elective office.
(3) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any such senior policy-making,discretionary, or confidential member of the staff of any state electedofficial or the general assembly to any other senior policymaking,discretionary, or confidential position on any general officer's or the generalassembly's staff, and in the case of the governor, to a position as adepartment director; nor shall the provisions hereof prohibit any seniorpolicy-making, discretionary, or confidential member of the staff of any stateelected official or the general assembly from seeking or accepting any othersenior policy-making, discretionary, or confidential position on any generalofficer's or the general assembly's staff, or from seeking or acceptingappointment as a department director by the governor.
(4) Nothing contained herein shall prohibit a person holdinga senior policy-making, discretionary, or confidential staff position fromseeking or being elected for any constitutional office.
(5) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
§ 36-14-5 Prohibited activities. –(a) No person subject to this code of ethics shall have any interest, financialor otherwise, direct or indirect, or engage in any business, employment,transaction, or professional activity, or incur any obligation of any nature,which is in substantial conflict with the proper discharge of his or her dutiesor employment in the public interest and of his or her responsibilities asprescribed in the laws of this state, as defined in § 36-14-7.
(b) No person subject to this code of ethics shall acceptother employment which will either impair his or her independence of judgmentas to his or her official duties or employment or require him or her, or inducehim or her, to disclose confidential information acquired by him or her in thecourse of and by reason of his or her official duties.
(c) No person subject to this code of ethics shall willfullyand knowingly disclose, for pecuniary gain, to any other person, confidentialinformation acquired by him or her in the course of and by reason of his or herofficial duties or employment or use any information for the purpose ofpecuniary gain.
(d) No person subject to this code of ethics shall use in anyway his or her public office or confidential information received through hisor her holding any public office to obtain financial gain, other than thatprovided by law, for him or herself or any person within his or her family, anybusiness associate, or any business by which the person is employed or whichthe person represents.
(e) No person subject to this code of ethics shall:
(1) Represent him or herself before any state or municipalagency of which he or she is a member or by which he or she is employed. Incases of hardship, the ethics commission may permit such representation uponapplication by the official provided that he or she shall first:
(i) Advise the state or municipal agency in writing of theexistence and the nature of his or her interest in the matter at issue;
(ii) Recuse him or herself from voting on or otherwiseparticipating in the agency's consideration and disposition of the matter atissue; and
(iii) Follow any other recommendations the ethics commissionmay make to avoid any appearance of impropriety in the matter.
(2) Represent any other person before any state or municipalagency of which he or she is a member or by which he or she is employed.
(3) Act as an expert witness before any state or municipalagency of which he or she is a member or by which he or she is employed withrespect to any matter the agency's disposition of which will or can reasonablybe expected to directly result in an economic benefit or detriment to him orherself, or any person within his or her family, or any business associate ofthe person, or any business by which that person is employed or which theperson represents.
(4) Shall engage in any of the activities prohibited bysubsection (e)(1), (e)(2), or (e)(3) of this section for a period of one yearafter he or she has officially severed his or her position with said state ormunicipal agency; provided, however, that this prohibition shall not pertain toa matter of public record in a court of law.
(f) No business associate of any person subject to this codeof ethics shall represent him or herself or any other person, or act as anexpert witness before the state or municipal agency of which the person is amember or by which the person is employed unless:
(1) He or she shall first advise the state or municipalagency of the nature of his or her business relationship with the personsubject to this code of ethics; and
(2) The person subject to this code of ethics shall recusehim or herself from voting on or otherwise participating in the agency'sconsideration and disposition of the matter at issue.
(g) No person subject to this code of ethics, or spouse (ifnot estranged), dependent child, or business associate of the person, or anybusiness by which the person is employed or which the person represents, shallsolicit or accept any gift, loan, political contribution, reward, or promise offuture employment based on any understanding that the vote, official action, orjudgment of the person would be influenced thereby.
(h) No person subject to this code of ethics, or any personwithin his or her family or business associate of the person, or any businessentity in which the person or any person within his or her family or businessassociate of the person has a ten percent (10%) or greater equity interest orfive thousand dollars ($5,000) or greater cash value interest, shall enter intoany contract with any state or municipal agency unless the contract has beenawarded through an open and public process, including prior public notice andsubsequent public disclosure of all proposals considered and contracts awarded;provided, however, that contracts for professional services which have beencustomarily awarded without competitive bidding shall not be subject tocompetitive bidding if awarded through a process of public notice anddisclosure of financial details.
(i) No person shall give or offer to any person covered bythis code of ethics, or to any candidate for public office, or to any personwithin his or her family or business associate of any person, or to anybusiness by which the person is employed or which the person represents, anygift, loan, political contribution, reward, or promise of future employmentbased on any understanding or expectation that the vote, official action, orjudgment of the person would be influenced thereby.
(j) No person shall use for any commercial purposeinformation copied from any statements required by this chapter or from listscompiled from the statements.
(k) No person shall knowingly and willfully make a false orfrivolous complaint under this chapter.
(l) No candidate for public office, or any person within hisor her family, business associate of the candidate, or any business by whichthe candidate is employed or which the candidate represents, shall solicit oraccept any gift, loan, political contribution, reward, or promise of futureemployment based on any understanding that the vote, official action, orjudgment of the candidate would be influenced thereby.
(m) No person subject to this code of ethics shall, eitherdirectly or indirectly, through any government agency, or through a businessassociate, or through any other person, threaten or intimidate any complainantor witness or any family member of any complainant or witness in any proceedingbefore the state ethics commission.
(1) In addition to any rights a complainant or witness mayhave under the Rhode Island Whistleblowers' Protection Act, chapter 50 of title28 or under any other statute, a complainant or witness may bring a civilaction in superior court for appropriate injunctive relief, or actual damages,or both and attorney's fees within three (3) years after the occurrence of thealleged violation of subsection (m) above.
(2) The initiation of litigation by a complainant or witnesspursuant to subsection (m)(1) shall not constitute a violation of anyconfidentiality provisions of this chapter.
(n) No state elected official, while holding state office andfor a period of one year after leaving state office, shall seek or acceptemployment with any other state agency, as defined in § 36-14-2(8)(i),other than employment which was held at the time of the official's election orat the time of enactment of this subsection, except as provided herein.
(2) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any state elected official to asenior policy-making, discretionary, or confidential position on the generalofficer's or the general assembly's staff, and in the case of the governor, toa position as a department director; nor shall the provisions herein prohibitany state elected official from seeking or accepting a senior policy-making,discretionary, or confidential position on any general officer's or the generalassembly's staff, or from seeking or accepting appointment as a departmentdirector by the governor.
(3) Nothing contained herein shall prohibit a state electedofficial from seeking or being elected for any other constitutional office.
(4) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
(o) No person holding a senior policy-making, discretionary,or confidential position on the staff of any state elected official or thegeneral assembly shall seek or accept any other employment by any state agencyas defined in § 36-14-2(8)(i), while serving as such policy-making,discretionary, or confidential staff member and for a period of one year afterleaving that state employment as a member of the state elected official's orthe general assembly's senior policy-making, discretionary, or confidentialstaff.
(2) Notwithstanding the foregoing, a person holding a seniorpolicy-making, discretionary, or confidential staff position who has a minimumof five (5) years of uninterrupted state service shall be exempt from theprovisions of this section. "State service" as used herein means service in theclassified, unclassified and nonclassified services of the state, but shall notinclude service in any state elective office.
(3) Nothing contained herein shall prohibit any generalofficer or the general assembly from appointing any such senior policy-making,discretionary, or confidential member of the staff of any state electedofficial or the general assembly to any other senior policymaking,discretionary, or confidential position on any general officer's or the generalassembly's staff, and in the case of the governor, to a position as adepartment director; nor shall the provisions hereof prohibit any seniorpolicy-making, discretionary, or confidential member of the staff of any stateelected official or the general assembly from seeking or accepting any othersenior policy-making, discretionary, or confidential position on any generalofficer's or the general assembly's staff, or from seeking or acceptingappointment as a department director by the governor.
(4) Nothing contained herein shall prohibit a person holdinga senior policy-making, discretionary, or confidential staff position fromseeking or being elected for any constitutional office.
(5) Nothing contained herein shall prohibit the Rhode Islandethics commission from authorizing exceptions to this subsection where suchexemption would not create an appearance of impropriety.
