Advisory Opinion No. 2006-15

Advisory Opinion No. 2006-15

Re: The Honorable Daniel J. Issa

QUESTION PRESENTED

The petitioner, a legislator serving in the Rhode Island Senate, a state elected position, requests an advisory opinion regarding whether he may accept free air fare, lodging and meals while attending a health care conference in Fort Lauderdale, Florida organized by the Institute for State Policy Studies, a non-profit educational organization, and sponsored by AstraZeneca, an international pharmaceutical company.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a legislator serving in the Rhode Island Senate, a state elected position, may not accept free air fare, lodging and meals while attending a health care conference in Fort Lauderdale, Florida organized by the Institute for State Policy Studies, a non-profit educational organization, and sponsored by AstraZeneca, an international pharmaceutical company.

The petitioner is an elected member of the Rhode Island Senate.  He represents that he was approached by an employee of AstraZeneca, an international pharmaceutical company, and offered the opportunity to attend a conference in Fort Lauderdale, Florida entitled "State Initiatives to Provide and Manage Mental Health Care Services."  The petitioner indicates that the offer includes free airfare, hotel and meals.

The petitioner relates that the conference is being organized by an entity called the "Institute for State Policy Studies," (hereinafter "the Institute") which describes itself in the conference agenda as an "incorporated non-profit educational organization."  The agenda further states that the conference, which runs from February 24^{through 25, 2006 at the Marriott Harbor Beach Hotel in Fort Lauderdale, is "Sponsored with a grant from AstraZeneca."  The petitioner relates that his written invitation states that it is from both the Institute and AstraZeneca.}

Pursuant to Commission Regulation 5009, no person subject to the Code of Ethics shall accept or receive any gift or other thing having a fair market value or actual cost that is greater than twenty-five dollars ($25), but in no case having an aggregate fair market value or aggregate actual cost greater than seventy-five dollars ($75) 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.  Commission Regulation 5009(b).  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).

Applying Regulation 5009 to the instant matter, clearly the cost of round trip airfare to Florida, two nights accommodations and three days meals will exceed the twenty-five dollar ($25) gift limitation.  Furthermore, although the conference appears to be organized by the Institute, the petitioner has informed us that he was directly invited by an AstraZeneca representative, and that AstraZeneca has provided a grant to sponsor the conference.  Accordingly, we consider the offer of free airfare, accommodations, meals and attendance to be either from AstraZeneca alone, or from both AstraZeneca and the Institute.  Given this finding, the sole remaining issue is whether either the Institute or AstraZeneca is considered an "interested person" as to the petitioner.  If so, then the petitioner is prohibited from accepting the offer.

The petitioner notes that to his knowledge, neither the Institute nor AstraZeneca have any matters pending before the Senate.  We note, however, that it is still early in the legislative session and that new bills continue to be introduced.  Furthermore, a review of the lobbyist database maintained by the Rhode Island Secretary of State indicates that AstraZeneca has registered its lobbyist at the General Assembly for the 2006 legislative session.  This same lobbyist has also, in past years, registered on behalf of AstraZeneca.  Indeed, a brief review of AstraZeneca's 2005 Final Legislative Lobbying Report, also available online, reveals that in 2005 AstraZeneca's lobbyist reported a position on twenty-two (22) separate pieces of legislation pending before the legislature, nine (9) of which were Senate bills.  Taking all of these factors into consideration, the Commission finds that AstraZeneca is an interested person as to the petitioner given its interest in decisions that the petitioner is authorized to participate in making as part of his official duties as a member of the Senate. 

In his letter requesting an advisory opinion, the petitioner states that the conference will "assist me in the performance of my official duties and responsibilities which include, but are not limited to, providing advice, consultation, information, and communication in connection with legislation and services to constituents."  We read this statement as asserting that the gift should be permitted pursuant to Regulation 5009's exception for:

services to assist an official or employee in the performance of official duties and responsibilities, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents[.]

Regulation 5009(b)(2)(b).

Having reviewed the conference agenda, we accept the petitioner's representation that attendance at some of the seminars such as "State Mental Health Policy and Budget Implications" may qualify for the above exception to Regulation 5009 as information to assist the petitioner in the performance of his official duties.  The petitioner may therefore accept a gift or waiver of the conference's attendance/registration fees. However, the free airfare, accommodations and meals are not a necessary or allowable part of that exception and may not be accepted.  See A.O. 99-80 (State Senator may accept gift of free attendance at educational symposium offered by Brown University pursuant to gift regulation exception for "services to assist an official or employee in the performance of official duties and responsibilities," but must pay for cost of luncheon and reception). 

Accordingly, if the petitioner chooses to attend the conference, he must either find an alternate source of funding for his airfare, accommodations and meals, or must fully reimburse AstraZeneca for the value of such items.  See A.O. 98-121 (State Senator may attend reception hosted by interested person if he pays consideration of equal or greater value for the event).

Code Citations:

36-14-5009

Related Advisory Opinions:

99-80

98-121

Keywords:

Gifts

Travel