Advisory Opinion No. 2006-4 Advisory Opinion No. 2006-4 Re: Robert A. Mancini QUESTION PRESENTED: The petitioner, a former Commissioner of The Rhode Island Lottery Commission, a state appointed position, requests an advisory opinion as to whether he may accept employment to provide consultation services to a firm concentrating in the municipal lottery market, given his representation that he will not provide services to the firm regarding The Rhode Island Lottery Commission, the Rhode Island Lottery, or vendors or contractors of the Rhode Island Lottery for a period of one year from the date he concluded his service on the Rhode Island Lottery Commission and his representation that he also will not appear before the Rhode Island Lottery Commission for the same period of time. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a former Commissioner of The Rhode Island Lottery Commission, a state appointed position, may accept employment to provide consultation services to a firm concentrating in the municipal lottery market provided that he will not provide services to the firm regarding The Rhode Island Lottery Commission, the Rhode Island Lottery, or vendors or contractors of the Rhode Island Lottery for a period of one year from the date he concluded his service on the Rhode Island Lottery Commission and his representation that he also will not appear before the Rhode Island Lottery Commission for the same period of time. The petitioner informs that he does not currently hold a public position in Rhode Island. Rather, he represents that he is a former Commissioner of the Rhode Island Lottery Commission. He states that he served in this position for nine consecutive years and was appointed to this position by the Governor. He informs that he concluded his service in this position on July 15, 2005. He represents that his duties as a Commissioner on the Rhode Island Lottery Commission included attending meetings, participating in decisions regarding the lottery, overseeing the budget, and reviewing and voting on contracts for the lottery. The petitioner informs that he did not negotiate any contracts for the lottery and that this responsibility was carried out by the Executive Director of the Rhode Island Lottery Commission. The petitioner informs that he is now being offered an opportunity to provide consulting services to a firm named GameLogic, Inc., of Waltham, Massachusetts. He states that this firm concentrates in the municipal lottery market and offers strategic marketing solutions to both the lottery and casino industries. He informs that GameLogic does not presently and never has done business with The Rhode Island Lottery. The petitioner represents that he will refrain from providing any services to GameLogic involving the Rhode Island Lottery Commission, the Rhode Island Lottery, or any contractors or vendors for the Rhode Island Lottery for a period of one year after his official severance of his service from the Lottery Commission. He also informs that he will not appear before the Rhode Island Lottery Commission for a period of one year after he officially severed his service. The petitioner states that he seeks this advisory opinion to determine whether the Code of Ethics places any prohibitions on him regarding the employment opportunity offered to him by GameLogic, Inc. Under the Code of Ethics, a public official may not accept other employment that will require him to disclose confidential information acquired in the course of his official duties and may not willfully and knowingly disclose such confidential information for pecuniary gain. R.I. Gen. Laws §§ 36-14-5(b) and 5(c). Pursuant to R.I. Gen. Laws § 36-14-5(d), the petitioner is also 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 business associate, or any business by which he is employed or which he represents. As the petitioner is no longer a Rhode Island public official, the most relevant section of the Code of Ethics is section 5(e), which prohibits a public official from representing himself or any other person before any state or municipal agency of which he is a member or by which he is employed while the official remains in office and for a period of one year thereafter. R.I. Gen. Laws § 36-14-5(e)(1) and (e)(4). In past advisory opinions, the Commission has opined that section 5(e) does not restrict a former state employee from accepting private employment that does not involve his former department. See, e.g., A.O. 2003-32 (opining that the former Director of Administrative Records in the Rhode Island Office of the Secretary of State could lobby the General Assembly and other state agencies in his private employment provided that he did not engage in any form of appearance or lobbying before his former employer, the Office of the Secretary of State). Here, the petitioner informs that he will not provide any services to GameLogic regarding the Rhode Island Lottery Commission, the Rhode Island Lottery, or its contractors or vendors until after July 15, 2006. He also informs that he will not appear before the Rhode Island Lottery Commission for a period of one year after he officially severed his service. Finally, the petitioner represents that he that he did not use his public position in anyway to obtain this employment opportunity and that he will not disclose any confidential information acquired by him through his service on the Lottery Commission. Accordingly, it is the opinion of the Rhode Island Ethics Commission, based upon the petitioner’s representations, that the Code of Ethics does not prohibit the petitioner from accepting this offer of employment with GameLogic. The petitioner is advised that this opinion solely addresses the Code of Ethics and does not, and cannot, address whether other policies, regulations, or rules, such as the Rhode Island Lottery Commission rules, or any other statutes or rulings restrict or prohibit such employment. Code Citations 36-14-5(b) 36-14-5(c) 36-14-5(d) 36-14-5(e)(1) 36-14-5(e)(4) Related Advisory Opinions 2004-33 2003-32 Keywords Private Employment