Advisory Opinion No. 2006-56 Advisory Opinion No. 2006-56 Re: Leonard Lopes QUESTION PRESENTED The petitioner, the Chief of Staff and Legislative Director in the Office of the Rhode Island Attorney General, a state employee position, requests an advisory opinion as to whether, upon his severance of employ with said Office, he may engage in lobbying of the General Assembly and federal, state and municipal governmental agencies. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Chief of Staff and Legislative Director in the Office of the Rhode Island Attorney General, a state employee position, may engage in lobbying of the General Assembly and federal, state and municipal governmental agencies upon severing his employ with said Office, provided that he does not engage in lobbying the Office of Attorney General for a period of one (1) year following his severance of employ. The petitioner serves as the Chief of Staff and Legislative Director in the Rhode Island Office of the Attorney General. In said capacity, he serves as the Director of Policy and Legislation and creates a policy/legislative agenda for the Office. He informs that his responsibilities include researching and drafting legislative initiatives, communicating and working with the General Assembly and tracking the progress of bills throughout the legislative process. He advises that his duties also involve testifying before legislative committees. The petitioner represents that he accepted a position with the law firm of Pannone, Lopes & Deveraux on October 26, 2006 and that November 17, 2006 will be his last day of employment by the Attorney General’s Office. He stated that he was hired by the firm to serve as its Director of Governmental Affairs and as a staff Associate attorney. As such, he indicates that the bulk of his duties will involve lobbying the General Assembly, as well as federal, state and municipal governmental agencies. Finally, he notes that his term on the Providence School Board expired in December 2003. 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. See 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. See 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 Legislative and Governmental Affairs in the Rhode Island Office of the Lieutenant Governor from engaging in lobbying of the General Assembly and other state agencies in his private employment, provided that he did not lobby the Office of the Lieutenant Governor, his former employer. See A.O. 2003-56. Also A.O. 2003-32 (opining that the former Director of Administrative Records in the Rhode Island Office of the Secretary of State may 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 the Office of the Secretary of State); A.O. 2005-6 (opining that the former Legislative Director for the Governor of the State of Rhode Island may engage in lobbying of the General Assembly and state and municipal agencies other than the Office of the Governor). 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 (1) year after the termination of said employment. Therefore, provided that the petitioner refrains from appearing before or lobbying the Office of the Attorney General for a period of one (1) year after the date of his official severance from his position there, the provisions of 5(e) does not prohibit his lobbying the General Assembly and other state and municipal agencies. Given that the petitioner’s service on the Providence School Board terminated in December 2003, the Code does not prohibit his appearance before or lobbying of that public body. Finally, 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 Office of the Attorney General’s rules, or any other statutes or rulings restrict or prohibit such employment, particularly with regard to appearances before and or the lobbying of federal agencies. Code Citations : 36-14-5(e) Related Advisory Opinions : 2006-4 2005-6 2004-4 2003-56 2003-32 2001-26 Keywords : Lobbying Private Employment Revolving Door