Advisory Opinion No.2004-7

Re: John J. Lombardi

QUESTION PRESENTED:

The petitioner, a Providence City Council member, a municipal elected position, requests an advisory opinion regarding his ability to accept an invitation to travel to Taiwan as part of a sister city relationship between the City of Providence and the City of Kaoshiung, where the Kaoshiung government has offered to provide round trip coach airfare, accommodations, meals and local transportation for the petitioner during his stay.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Providence City Council member, a municipal elected position, may accept an invitation to travel to Taiwan as part of a Sister City Relationship between the City of Providence and the City of Kaoshiung, including the provision of round trip coach airfare, accommodations, meals and local transportation, given that, as to the petitioner, the Kaoshiung government is not an “interested person” as defined by the Code of Ethics. See Commission Regulation 5009.

The petitioner is the Providence City Council President. He advises that in 2003 the Providence City Council passed a resolution establishing a sister city relationship between the City of Providence and the City of Kaoshiung, Taiwan. The purpose of the relationship is to foster opportunities for educational, cultural and economic exchanges. The Mayor of Taiwan has invited the Mayor of Providence and the petitioner to visit Taiwan during the week of February 5, 2004 to officially sign the sister city memorandum. The petitioner represents that his role would be to serve as a witness. He represents that the government of Kaohsiung has offered to provide round trip coach airfare, accommodations, meals and local transportation for him during his stay.

Pursuant to Commission Regulation 5009, no person subject to the Code of Ethics shall accept or receive any gift or other thing having a value greater than $150, but in no case having an aggregate value of $450 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. 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.” Commission Regulation 5009(c).

The petitioner seeks guidance from the Ethics Commission regarding his ability to accept the Mayor of Kaohsiung’s invitation to visit Taiwan and witness the official signing of the sister city memorandum, with all related expenses to be paid for by the Kaohsiung government. Here, no evidence has been presented that would indicate that the City of Kaoshiung is an “interested person” as to the petitioner, particularly given that the entity bearing the associated travel costs is a foreign municipal government. Absent an express representation that the Providence City Council will be considering a matter financially impacting the Kaoshiung government, no potential currently exists for the petitioner to take official action that might impact the entity paying for the trip.

In the unlikely event that a matter involving the Kaohsiung government should appear before the Providence City Council in the future, the petitioner is cautioned to seek further, specific guidance from the Commission prior to his participation. In the absence of such guidance, the petitioner must recuse from participation and vote. Notice of recusal should be filed with both the City Council and the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6.

Finally, as a municipal elected official, the petitioner is required to file an annual financial statement with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-16(a). The financial statement must identify any person, business entity or other organization from whom he, his spouse or dependent child received a gift or contribution of money or property in excess of $100 in value, or a series of gifts or contributions of money or property totaling more than $100 in value received from the same source, and a description of each gift or contribution. R.I. Gen. Laws § 36-14-17(b)(4).

Although the City of Kaohsiung is not an interested person as to the petitioner, he nonetheless must disclose the travel, meals and other accommodations received from the government as a “gift or contribution” on his financial disclosure statement for the 2004 calendar year.

Code Citations:

36-14-5009

36-14-6

36-14-16(a)

36-14-17(b)(4)

Related Advisory Opinions:

2003-16

2001-55

2001-12

Keywords:

Gifts

Financial Disclosure

Travel