Advisory Opinion No. 2008-38

Rhode Island Ethics Commission

Advisory Opinion No. 2008-38

Re:  The Honorable Steven John Coaty

QUESTION PRESENTED:

The petitioner, a legislator serving in the Rhode Island House of Representatives, a state elected position, requests an advisory opinion as to whether he may accept and utilize a base pass to enter the Newport Naval Station, given that he was granted a pass prior to his election to office based upon his status as a United States Navy veteran who served two tours of duty in Newport.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a legislator serving in the Rhode Island House of Representatives, a state elected position, may accept and utilize a base pass to enter the Newport Naval Station, given that the provision of such access was granted prior to his election to the General Assembly and is based upon his status as a United States Navy veteran. 

The petitioner is an elected member of the Rhode Island General Assembly, representing District 75 in the House of Representatives.  He informs that he is a veteran of the United States Navy who served two tours of duty in Newport.  The petitioner advises that in the summer of 2007, prior to his election to office, the Commanding Officer of the Newport Naval Station granted him permission to enter the naval installation with a pass so that he could utilize the Officer’s Club with his family.  He represents that his request for access was approved based upon his status as a United States Navy veteran and his prior service as the Newport Naval Station’s Staff Judge Advocate, as well as the Command’s express desire to increase the activity at the Officer’s Club by, inter alia, attempting to get veterans who reside in Newport to frequent the Club.  The petitioner states that, while he previously received a pass to access the Officer’s Club, this summer he has been approved to access the entire base.  He states that the pass itself has no monetary value.

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).

The aforesaid prohibitions do not apply, however, if the gift or thing of economic value is given because of the recipient’s membership in a group, a majority of whose members are not persons subject to the Code of Ethics, and an equivalent gift is given or offered to other members of the group.  Commission Regulation 5009(d)(1). 

Absent some indication that the House of Representatives would be taking official action on a matter impacting the Newport Naval Station and/or its Commanding Officer, the provision of a base pass to the petitioner would not implicate the prohibitions contained in Regulation 5009.  Further, assuming, arguendo, that the Newport Naval Station and/or its Commanding Officer were “interested persons” as to the legislature, the exception set forth in subsection (d)(1) would nonetheless apply to the instant facts. 

Based upon the petitioner’s representations, he is being granted access to the Naval Station and its Officer’s Club due to his status as a Navy veteran and prior Staff Judge Advocate at the Newport Station.  He further states that he was granted access to the Officer’s Club prior to his election to office.  Navy veterans, including those who served at the subject base, would not constitute a group the majority of whose members would be subject to the Code of Ethics.  As such, the Commission opines that the petitioner may accept and utilize the access pass provided by the Newport Naval Station and/or its Commanding Officer without running afoul of the Code of Ethics.  However, in the event that a matter involving the Newport Naval Station and/or its

Commanding Officer comes before the House of Representatives, the petitioner should seek further guidance from the Commission before participating in any such matter.

Code Citations :

36-14-5009

Keywords :

Gifts