Advisory Opinion No. 2001-21

Re: The Honorable J. Clement Cicilline

QUESTION PRESENTED

The petitioner, a state legislator serving as Chair of the Dr. Martin Luther King, Jr., State Holiday Commission, a state appointed position, requests an advisory opinion as to whether the MLK Commission may extend an honorarium to the main speaker at is official celebration and, if not, whether it may make a contribution to a charitable organization in the speaker’s name.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics prohibits a member of the Dr. Martin Luther King, Jr., State Holiday Commission, a state appointed position, from accepting an honorarium for speaking at the MLK Commission’s official celebration. However, the MLK Commission may make a charitable contribution in the speaker’s name, provided that she is not a business associate of the charitable organization selected and does not receive the benefit of an income tax deduction from said contribution.

The petitioner advises that Onna Moniz-John served as the main speaker at the Dr. Martin Luther King, Jr., State Holiday Commission’s official celebration on January 15, 2001. He represents that Ms. Moniz-John is the Affirmative Action Officer and Director of Public Welfare for the City of East Providence. She also serves on the MLK Commission as an advisory member. The MLK Commission wishes to extend an honorarium to Ms. Moniz-John or, in the alternative, make a contribution in her name to a charitable organization of her choice, subject to its approval.

Under the Code of Ethics, a public official may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). An official will have an interest in substantial conflict with her official duties if its is likely that a "direct monetary gain" or a direct monetary loss" will accrue, by virtue of the public official's activity, to the official, a family member, a business associate, an employer, or any business which the public official represents. See R.I. Gen. Laws § 36-14-7(a). R.I. Gen. Laws § 36-14-5(d), prohibits an official from using her public position or confidential information received through her position to obtain financial gain, other than that provided by law, for herself, a business associate, her employer, or any business in which she represents. Pursuant to Commission Regulation 36-14-5010, a public official shall not accept an honorarium, fee or reward or other compensation for any activity which directly relates to her official duties unless 1) she does not exercise decision making authority over the source; and 2) she uses her own time and does not make improper use of public resources when engaging in or preparing for the activity.

The petitioner’s receipt of honoraria from the MLK Commission, on which she serves as an advisory member, would trigger the prohibitions set out in R.I. Gen. Laws § 36-14-5(d), which proscribes the use of public office to obtain financial gain, and Commission Regulation 5010. The effect of these provisions is to allow a public official or employee to receive honoraria for a presentation that relies on her prominence or expertise in a particular field of endeavor, but to prohibit the receipt honoraria for presentations that directly relate to her official duties. Whether or not the petitioner may accept an honorarium for a particular speaking engagement would depend on whether the sort of presentation she would be making could be considered part of her official duties and responsibilities on behalf of the MLK Commission. That will hinge on a variety of factors including the subject matter of the presentation and whether any state time or resources were to be used in its preparation. Clearly, a presentation at the MLK Commission’s official celebration would fall within the petitioner’s public duties and responsibilities as an advisory member of the MLK Commission. The Code of Ethics would not prohibit the MLK Commission from making a charitable contribution in Ms. Moniz-John’s name, provided that she is not a business associate of the charitable organization selected and does not receive the benefit of an income tax deduction based upon any charitable contribution made on her behalf.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

36-14-5010

Related Advisory Opinions:

98-110

98-20

97-111

96-115

Keywords:

Honoraria