Advisory Opinion No. 2018-48 Rhode Island Ethics Commission Advisory Opinion No. 2018-48 Approved: September 11, 2018 Re: Karen D. Pinch QUESTION PRESENTED: The Petitioner, the Town Administrator for the Town of Richmond, a municipal appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits her from organizing and hosting an event for the residents of Richmond at which candidates for public office are invited to speak and answer questions posed by the residents. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Town Administrator for the Town of Richmond, a municipal appointed position, is not prohibited by the Code of Ethics from organizing and hosting an event for the residents of Richmond at which candidates for public office are invited to speak and answer questions posed by the residents. The Petitioner is the Town Administrator for the Town of Richmond (“Town”). She represents that for the last several years, the Town’s Elder Affairs Commission has hosted a “Candidates Breakfast” for seniors in the Town, valued at $10, at which municipal, state and federal candidates for office are invited to speak and answer questions posed by the residents. The Petitioner notes that in 2010 the Elder Affairs Commission sought and received an advisory opinion from the Ethics Commission opining that the Candidate’s Breakfast was permitted under the Code of Ethics. A.O. 2010-17. However, the Petitioner represents that, currently, the Elder Affairs Commission is lacking in members and none are interested in volunteering to organize the event. Given this set of facts, the Petitioner seeks the advice of the Ethics Commission regarding whether the Code of Ethics prohibits her as Town Administrator, along with other Town employees, from organizing a “meet the candidates” event. Specifically, the Petitioner represents that the event would be organized the same way as previous years such that all candidates for public office appearing on the Town ballot will be invited and have the opportunity to attend and speak, distribute literature and interact with the attendees. The Petitioner further states that, instead of providing breakfast, she intends to have the event scheduled on an evening or a weekend and would serve coffee and cookies or pastries to the attendees, including the candidates. The Petitioner also notes that the cost of the event and refreshments per attendee would remain $10 or less. Section 36-14-5(i) of the Code of Ethics provides that: No person shall give or offer to any person covered by this Code of Ethics, or to any candidate for public office, or to any person within his or her family or business associate of any such person, or to any business by which said person is employed or which the person represents, any gift . . . based on any understanding or expectation that the vote, official action or judgment of said person would be influenced thereby. Furthermore, Commission Regulation 36-14-5009 (“Regulation 5009”)[1] provides that no public official shall accept a gift valued at more than twenty-five dollars ($25) from an “interested person.” Regulation 5009(b). An “interested person” is defined as a person or a representative of a person or business “that has a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to make, or participate in the making of, as part of his or her official duties.” Regulation 5009(c). In Advisory Opinion 2010-17 concerning the original Candidate’s breakfast, the Ethics Commission opined that nothing in the Regulation 5009 prohibited the Richmond Elder Affairs Commission from putting on the event given that 1) Regulation 5009 prohibits the receipt of gifts by public officials, not the giving of gifts by others; 2) the Elder Affairs Commission, as a public body rather than an individual or private entity, was not an “interested person” as that term is defined in the Code of Ethics; and 3) in any event the value of the breakfast was less than the regulation’s $25 gift limit. Here, as in the analogous Advisory Opinion 2010-17, it is the opinion of the Ethics Commission that nothing in the Regulation 5009 prohibits the Petitioner or other municipal employees from organizing and hosting a “meet the candidates” event for Town residents as described by the Petitioner. Furthermore, given that there is no indication that the pastries and coffee will be provided to any candidates with the “understanding or expectation that the vote, official action or judgment of [the candidates] would be influenced thereby[,]” we are of the opinion that the event is not prohibited by section 36-14-5(i), set forth above. Therefore, it is the opinion of the Rhode Island Ethics Commission that the Petitioner is not prohibited by the Code of Ethics from organizing and hosting an event for the residents of Richmond at which candidates for public office are invited to speak and answer questions posed by the residents. This Advisory Opinion is strictly limited to the facts stated herein and relates only to the application of the Rhode Island Code of Ethics. Under the Code of Ethics, advisory opinions are based on the representations made by, or on behalf of, a public official or employee and are not adversarial or investigative proceedings. Finally, this Commission offers no opinion on the effect that any other statute, regulation, ordinance, constitutional provision, charter provision, or canon of professional ethics may have on this situation. Code Citations: § 36-14-5(i) Commission Regulation 36-14-5009 Related Advisory Opinions: A.O. 2010-17 Keywords: Gifts [1] In May 2018, the Ethics Commission codified the Code of Ethics into the Rhode Island Code of Regulations (“RICR”), a uniform state code containing the rules and regulations of the various Rhode Island agencies. In order to do so, the Ethics Commission reformatted and renumbered the Code of Ethics. As a result, Regulation 36-14-5009 now corresponds to Regulation 520-RICR-00-00-1.4.2 Gifts (36-14-5009).