Issue Position: Ethics

Issue Position

At last, on November 8, 2016 we will be able to amend the Rhode Island Constitution and thereby restore the Rhode Island Ethics Commission's authority over members of the General Assembly. Years of advocacy by so many good folks and, perversely, yet another scandal involving a prominent member of the General Assembly combined for this great win. I and other members of the assembly have been working to restore the commission's authority over conflict of interest in RI senators' and representatives' decisions on legislation since the 2009 Rhode Island Supreme Court Irons decision.

The commission first came into existence partly in response to a scandal involving members of the General Assembly; and it functioned quite well for a number of years--investigating cases, bringing charges, and assessing fines. Members of the RI Senate were charged and prosecuted, but then one of those senators appealed a decision. The RI Supreme Court found that the "speech and debate" clause in our constitution protects members of the General Assembly from charges of conflict of interest in their discussion of and voting on legislation.

But prior to the 2009 decision, the commission had served an advisory role as well as a judicial one. RI state legislators could ask the commission's advice when they thought they might have a conflict of interest in speaking or voting on an issue. The commission would reply with a recommendation that the legislators recuse themselves (announce that they had a conflict and neither speak nor vote on the issue) if they found sufficient conflict of interest. They could also advise that the legislators were part of a sufficiently large group so as not to have a conflict of interest. Since the decision, this expert advice and guidance has not been available to state legislators.

More importantly, the Ethics Commission has not been able to respond to charges of conflict of interest brought against members of the General Assembly in the same way it responds to such charges against all other Rhode Island state and municipal officials.

Reinstating the authority of the Rhode Island Ethics Commission will not prevent all corruption. Recent news stories regarding one legislator's legal address demonstrated the value of a diligent press. We must all be vigilant to protect the integrity of our government.

Though I have no doubt that this amendment will pass, I urge everyone to cast their vote to send a strong message in November.

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