Advisory Opinion No. 2007-8 Advisory Opinion No. 2007-8 Re: Jeffrey T. Britt QUESTION PRESENTED: The petitioner, a former Commissioner of the State Investment Commission, a state appointed position, requests an advisory opinion as to whether he may engage in lobbying of the General Assembly and state governmental agencies. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a former Commissioner of the State Investment Commission, a state appointed position, may engage in lobbying of the General Assembly and state governmental agencies, provided that he does not engage in lobbying of the State Investment Commission or any of its members or staff concerning matters within the State Investment Commission’s jurisdiction for a period of one (1) year following the date he concluded his service to the State Investment Commission. The petitioner advises that he was appointed to the State Investment Commission by Governor Carcieri in October of 2005. The State Investment Commission (“Investment Commission”) is a statutorily established commission in the Office of the General Treasurer which was created for the purpose of overseeing the investment of the state’s general fund and pension funds. The Office of the General Treasurer provides the staff and support of carry out the procedures and guidelines of the Investment Commission. The petitioner advises that he resigned from the Investment Commission on December 21, 2006. The petitioner states that in his private employment he is a Government Relations Consultant. The petitioner informs that as a Government Relations Consultant he may potentially interact and lobby the Rhode Island General Assembly and all state governmental agencies. Given these representations, the petitioner seeks guidance from the Commission as whether he may engage in lobbying of the General Assembly and state governmental agencies. Under the Code of Ethics, a public official may not represent himself or any other person before any state or municipal agency by which he is a member or 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 membership or 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 past advisory opinions, the Commission has opined that section 5(e) does not restrict former public officials from lobbying the General Assembly and other state agencies provided that such lobbying does not involve his or her former agency. See A.O. 2006-56 (opining that the Chief of Staff and Legislative Director in the Office of the Rhode Island Attorney General may, upon severing his employ with said Office, engage in lobbying of the General Assembly and other governmental agencies, provided that he did not engage in lobbying the Office of the Attorney General for a period of one (1) year following severance of his employ); 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); 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). The revolving door and post-employment restrictions set out in the Code of Ethics prohibit a former public official from appearing before a state agency by which he was a member by which he was employed for a period of one (1) year after severing his service with the state agency. Therefore, provided that the petitioner refrains from appearing before or lobbying the State Investment Commission or any of its members or staff concerning matters within the State Investment Commission’s jurisdiction for a period of one (1) year after the date of his official severance from his position there, the provisions of 5(e) do not prohibit his lobbying the General Assembly and other state agencies. 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 State Investment Commission’s rules, or any other statutes or rulings restrict or prohibit the petitioner’s future employment as a lobbyist. Code Citations : 36-14-5(e) Related Advisory Opinions : 2006-56 2005-6 2004-4 2003-56 2003-32 2001-26 Keywords : Lobbying Private Employment Revolving Door