Advisory Opinion No. 2016-25 Rhode Island Ethics Commission Advisory Opinion No. 2016-25 Approved: August 16, 2016 Re: The Honorable James C. Sheehan QUESTION PRESENTED: The Petitioner, a legislator serving as a member of the Rhode Island Senate, a state elected position, requests an advisory opinion regarding whether he may accept a stipend from the American Federation of Teachers to help cover his expenses as a delegate to the Democratic National Convention. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a legislator serving as a member of the Rhode Island Senate, a state elected position, may accept a stipend from the American Federation of Teachers (“AFT”) to help cover his expenses as a delegate to the Democratic National Convention because the stipend was offered to all AFT members nationwide who were delegates and a majority of those AFT-member-delegates, numbering 130, are not persons who are subject to the Rhode Island Code of Ethics. The Petitioner is an elected member of the Rhode Island Senate (“the Senate”) representing the towns of Narragansett and North Kingstown. The Petitioner is also employed as a public school teacher in the City of Warwick and is, therefore, a member of a national teacher’s union, the American Federation of Teachers (“AFT”), as well as the AFT’s state and local chapter affiliates, the Rhode Island Federation of Teachers and Health Professionals (“RIFTHP”) and the Warwick Teachers’ Union, respectively. The Petitioner states that he recently served as a delegate to the Democratic National Convention (“the Convention”) held in Philadelphia, Pennsylvania on July 25-28, 2016. He informs that prior to the Convention he was informed by a union representative that the AFT would provide a stipend of $2,500, and the RIFTHP (through its political action committee) would provide a stipend of $1,000, for any of their members who attended the Convention as a delegate in order to help cover such items as food, lodging and airfare. The Petitioner states that he declined to accept the $1,000 stipend from the state union affiliate, the RIFTHP, in order to avoid even the perception of a conflict given his position as a state legislator. However, he seeks the instant advisory opinion to inquire as to whether he may accept the stipend from the national organization, the AFT. Pursuant to Commission Regulation 5009, no person subject to the Code of Ethics shall accept or receive any gift or other thing having a fair market value or actual cost that is greater than twenty-five dollars ($25), but in no case having an aggregate fair market value or aggregate actual cost greater than seventy-five dollars ($75) in any calendar year, including but not limited to gifts, loans, rewards, promises of future employment, favors or services, gratuities or special discounts, from a single “interested person," without the interested person receiving lawful consideration of equal or greater value in return. Commission Regulation 5009(b). The aforesaid prohibitions do not apply, however, if the gift or thing of economic value is given because of the recipient’s membership in a group, a majority of whose members are not persons subject to the Rhode Island Code of Ethics, and an equivalent gift is given or offered to other members of the group. Commission Regulation 5009(d)(1). See A.O. 2008-38 (member of House of Representatives may continue to utilize a base pass to enter the Newport Naval Station and its Officers’ Club, given that the pass was provided to him prior to his election to the General Assembly and is based upon his status as a United States Navy veteran and prior Staff Judge Advocate). Generally, an application of Regulation 5009’s gift restrictions would begin with a determination of whether the gift giver is an “interested person,” meaning a person or entity that has a direct financial interest in decisions that the public official is authorized to make as part of his official duties. Commission Regulation 5009(c). Here, we need not undertake that analysis because, even assuming arguendo that the AFT is an interested person,[1] we find that the instant stipend from the AFT would be allowable under Regulation 5009(d)(1)’s exception for gifts that are given because of the recipient’s membership in a group, the majority of whose members are not persons who are subject to the Rhode Island Code of Ethics. The Petitioner represents that that the AFT offered the $2,500 stipend to any of its members nationwide who were delegates to the Convention. In a follow-up communication to the Ethics Commission, the Petitioner represented that he was informed by an AFT official that there were nearly 130 AFT members nationwide who were delegates to the Convention. The Petitioner states that to the best of his knowledge, he was the only Rhode Island delegate who is a member of the AFT. Accordingly, it is our opinion that the Petitioner may accept a $2,500 stipend from the AFT to help defray his expenses as a delegate to the Convention because the stipend was offered to all AFT members nationwide who were Convention delegates, and because a majority of this group of approximately 130 delegates are not persons who are subject to the Rhode Island Code of Ethics. 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: Regulation 36-14-5009 Related Advisory Opinions: 2008-38 Keywords: Gifts