Rhode Island Code of Regulations Title 520 - Ethics Commission
Rhode Island Code of Regulations Title 520 is dedicated to the Rhode Island Ethics Commission. This title contains the comprehensive set of regulations that implement and enforce the Rhode Island Code of Ethics in Government, a crucial framework for ensuring ethical conduct among public officials and employees in the state.
The Rhode Island Ethics Commission is a constitutionally mandated body with the authority to adopt, administer, and enforce the Code of Ethics. Its primary purpose is to promote public trust and confidence in government by preventing conflicts of interest, curbing corruption, and ensuring transparency and accountability in the actions of those serving the public.
It's important to note, as the search results indicate, that the "Code of Ethics" in Rhode Island is a combination of both regulations adopted by the Ethics Commission (found in Title 520 of the RICR) and statutes passed by the General Assembly (primarily R.I. Gen. Laws §§ 36-14-4 to -7). The Ethics Commission often publishes a combined version for easier access.
Here's a breakdown of the key areas you would find within Rhode Island Code of Regulations Title 520:
Part 1 - Code of Ethics (520-RICR-00-00-1): This is the foundational part, outlining the core principles and prohibitions. It includes:
Declaration of Policy: States the state's commitment to high ethical standards, public trust, openness, accountability, and avoiding the appearance of impropriety.
Definitions: Defines key terms like "public official," "public employee," "interested person," "family member," "business associate," "gift," and "financial interest."
Prohibited Activities: This is the most substantial section, detailing what public officials and employees cannot do. This includes:
Conflicts of Interest: Prohibiting participation in matters where the official or their family/business associate has a financial interest or other personal interest that would conflict with their public duties.
Nepotism and Favoritism: Specific prohibitions on participating in hiring, supervising, evaluating, promoting, or disciplining family members or household members within state or municipal agencies.
Gifts and Honoraria: Strict limits on accepting gifts from "interested persons," often including specific monetary thresholds (e.g., typically no cash, no gifts over $25 from an interested person, $75 per year from an interested person).
Use of Public Property and Confidential Information: Prohibitions on using state or municipal property for private gain and on disclosing or using confidential information acquired through public duties for personal benefit.
Outside Employment: Rules on outside employment that could impair independence of judgment or require disclosure of confidential information.
Acting as an Agent or Attorney: Restrictions on representing private interests before one's own agency or an agency over which one has fiscal or jurisdictional control.
Revolving Door: Rules governing former public officials or employees who transition to the private sector and interact with their former agencies.
Contracts: Regulations concerning public officials or their family members entering into contracts with state or municipal government, often requiring open bidding processes and disclosure.
Transactions with Subordinates: Limitations on financial transactions between supervisors and subordinates.
Part 2 - Financial Disclosure (520-RICR-00-00-2):
Statements of Financial Interest: Requirements for certain public officials and employees to file annual financial disclosure statements, listing sources of income, business interests, real estate holdings, and significant gifts or contributions received. This promotes transparency and helps identify potential conflicts of interest.
Part 3 - Procedures - Complaints and Investigations (520-RICR-00-00-3):
Complaint Process: Procedures for filing complaints alleging violations of the Code of Ethics, including requirements for sworn affidavits.
Investigations: The Commission's powers to investigate complaints, including subpoena power, ability to compel testimony, and access to records.
Hearings: Rules for conducting public hearings on alleged violations, ensuring due process for all parties.
Adjudication and Penalties: The Commission's authority to make findings of violations and impose civil penalties, which can include fines (up to $25,000 per violation), orders to cease and desist, and even termination from office (though subject to judicial review).
Part 4 - Advisory Opinions (520-RICR-00-00-4):
Requesting Advisory Opinions: Procedures for public officials and employees to request formal advisory opinions from the Commission regarding the application of the Code of Ethics to specific situations. These opinions provide guidance and protect the official from prosecution if they act in good faith reliance on the opinion.
In essence, Rhode Island Code of Regulations Title 520 is the backbone of ethics enforcement in Rhode Island government, providing the detailed rules and procedures that hold public servants accountable and aim to uphold the integrity of public service.
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