Advisory Opinion No. 2003-56

Re: Jeffrey M. Taylor, Director

QUESTION PRESENTED

The petitioner, the former Director of Legislative and Governmental Affairs in the Rhode Island Office of the Lieutenant Governor, a state employee position, requests an advisory opinion regarding whether, in his private employment, he may engage in lobbying of the General Assembly and state agencies.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, the former Director of Legislative and Governmental Affairs in the Rhode Island Office of the Lieutenant Governor, a state employee position, may engage in lobbying of the General Assembly and state agencies other than the Office of the Lieutenant Governor.

The petitioner represents that he was employed at the Office of the Lieutenant Governor until May 2, 2003. In that capacity, he worked with the Lieutenant Governor’s Director of Policy in creating a policy/legislative agenda for the office. He informs that this entailed researching and drafting legislative initiatives, communicating and working with the General Assembly and tracking the progress of bills throughout the legislative process. Additionally, he informs that his duties included testifying before legislative committees and organizing various c ouncils which were chaired by the Lieutenant Governor.

On May 5, 2003, the petitioner informs that he accepted employment as the Director of Legislative Affairs for Blue Cross Blue Shield of Rhode Island (BCBSRI). In this position, he informs that his duties include lobbying the General Assembly and the Office of the Governor and working with various state agencies on issues affecting BCBSRI. The petitioner seeks this advisory opinion to determine whether the Code of Ethics prohibits him from lobbying the Rhode Island General Assembly and other state agencies.

Under the Code of Ethics, a state employee may not represent himself or any other person before any state or municipal agency by which he is employed. R.I. Gen. Laws § 36-14-5(e)(1), (2). This prohibition applies not only during the period of employment, but is extended for a period of one year after he has officially severed his position with said state or municipal agency. R.I. Gen. Laws § 36-14-5(e)(4).

In an analogous advisory opinion, the Commission opined that the Code of Ethics did not prohibit the former Director of Administrative Records in the Rhode Island Office of the Secretary of State from lobbying the General Assembly and other state agencies in his private employment, provided that he did not lobby the Office of the Secretary of State, his former employer. See A.O. 2003-32.

The revolving door and post-employment restrictions set out in the Code of Ethics prohibit a former state employee from appearing before a state agency by which he was employed for a period of one year after the termination of that employment. Provided that the petitioner refrains from appearing before or lobbying the Office of the Lieutenant Governor for a period of one year after the date of his official severance from that position, the provisions of 5(e) would not prohibit his lobbying the General Assembly and state agencies.

Code Citations:

36-14-5(e)

Related Advisory Opinions:

2003-32

2003-2

2003-28

2001-26

99-45

96-11

Keywords:

Revolving Door

Private Employment

Lobbying