Advisory Opinion No.2003-42

Re: William P. McKenna

QUESTION PRESENTED:

The petitioner, an analyst at the Rhode Island State Budget Office, a State employee position, requests an advisory opinion regarding whether he may act on his own time as an unpaid registered lobbyist for various organizations and social causes.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner, an analyst at the Rhode Island State Budget Office, a State employee position, may act on his own time as an unpaid registered lobbyist for various organizations and social causes, provided that the petitioner recuse from participating in matters that come before him as an analyst at the Rhode Island State Budget Office which may involve any of these organizations.

The petitioner represents that he is employed as an analyst at the Rhode Island State Budget Office. He informs that he wishes to register as an unpaid lobbyist for the Rhode Island Right to Life Committee. In that capacity, he informs that he would be lobbying for bills that may have a fiscal impact and require funding. For example, he states that a Women’s Right to Know bill is currently pending. This legislation would require the purchase of educational materials, the funding of which would be through the Budget Office. Additionally, he informs that he wishes to act as a lobbyist for issues and causes of personal interest such as anti-smoking where he would not be representing a particular organization. Furthermore, the petitioner represents that all lobbying would be done on his own time. He seeks this advisory opinion to determine whether it would be a conflict of interest to act as a lobbyist for any legislation that would have a fiscal impact, given his position as an analyst for the Budget Office.

Under the Code of Ethics, a state employee may not accept other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties. R.I. Gen. Laws § 36-14-5(b). He may not represent himself or any other person before any state or municipal agency of which he is a member or by which he is employed. R.I. Gen. Laws § 36-14-5(e)(1), (2). He is prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a family member, business associate, or any business by which he is employed or represents. R.I. Gen. Laws § 36-14-5(d). He may not participate in any matter in which he has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest occurs if he has reason to believe or expect that he or any family member or business associate, or any business by which he is employed, will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. R.I. Gen. Laws § 36-14-7(a).

In an analogous advisory opinion, A.O. 96-11, the Commission opined that the Code of Ethics does not prohibit an analyst with the Rhode Island State Budget Office from acting as a registered lobbyist for a private organization.

Here, provided that the petitioner engages in the aforedescribed, private activity on his own time and without the use of public resources, there is no indication that this private activity is in substantial conflict with the petitioner's public duties as an analyst at the Budget Office. Nor does it appear likely that such private activity would impair his independence of judgment as to his official duties. Furthermore, based on the petitioner’s representations, he would not be representing himself or any other person or business before his own department. For these reasons, the Code does not prohibit the petitioner from accepting a position as an unpaid lobbyist.

While the Code of Ethics does not restrict the petitioner from lobbying the Legislative branch of government, the Code does place restrictions on his ability to lobby the Executive branch. The petitioner is employed as a budget analyst for the State Budget Office. The role of the State Budget Office is to advise the Governor regarding financial management of state government, including evaluation of needed resources, analysis of state programs, priorities, alternatives, and the optimum allocation of resources to meet policy and management goals for services to the people of Rhode Island. Given these official duties, he is prohibited from lobbying or appearing before the Executive Branch on behalf of private organizations for which his is a lobbyist while he is employed by the Budget Office and for a period of one year after his severance from his position. See R.I. Gen. Laws § 36-14-5(e)(1), (2) and (4).

Further, the petitioner is cautioned against using confidential information obtained through his position as an analyst with the Budget Office to obtain financial gain for any organization for which his is a lobbyist. See R.I. Gen. Laws § 36-14-5(d).

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-5(e)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2003-28

2001-26

99-45

96-11

Keywords:

Private Employment

Lobbying