Advisory Opinion No. 2010-44
Rhode Island Ethics Commission
Advisory Opinion No. 2010-44
Re: Major Michael P. Quinn
QUESTION PRESENTED
The Petitioner, Chairperson of the Criminal Justice Policy Board (“CJPB”), a state appointed position, requests an advisory opinion on behalf of the members of the CJPB, as to whether members of that entity must recuse from voting to approve spending allocations performed by the Public Safety Grant Administration Office, when the public agency or department that otherwise employs the member will be the recipient of funds.
RESPONSE:
It is the opinion of the Ethics Commission that members of the Criminal Justice Policy Board need not recuse from voting to approve spending allocations performed by the Public Safety Grant Administration Office, notwithstanding the fact that the individual member’s public agency or department will be the recipient of funds, provided that there will be no direct financial impact to the individual member, persons within the member’s family, business associates, or any business by which the member is employed.
The Petitioner is the Chairperson of the Criminal Justice Policy Board. He states that R.I. Gen. Laws § 42-26-3 creates a Public Safety Grant Administration Office (“PSGAO”) and that all spending allocations performed by the PSGAO are reviewed and approved by the Criminal Justice Policy Board (“CJPB”). Pursuant to R.I. Gen. Laws § 42-26-6, the CJPB is composed of: the Attorney General; the Superintendent of the State Police and Director of the Department of Public Safety; the Public Defender; the Director of the Department of Corrections; the Director of the Department of Human Services; the Director of the Department of Mental Health, Retardation, and Hospitals; the Chairperson of the State Board of Regents; the Director of the Department for Children and their Families; the Chief Justice of the Family Court; the President of the Rhode Island Police Chiefs Association; one police chief selected by the Rhode Island Police Chiefs Association; the Chief Justice of the Supreme Court; the Presiding Justice of the Superior Court; the Chief Judge of the District Court; seven members of the General Assembly with four members from the House of Representatives and three from the Senate; the Executive Director of the Rhode Island League of Cities and Towns; the Director of Health; the Director of the Division of Fire Safety; one university or college faculty member with a research background in criminal justice; four citizens; and three representatives from community service organizations. It should be noted that this advisory opinion is directed to those members of the CJPB who hold dual public roles, that is, those who are members of the CJPB and also hold another public position, such as the Attorney General or the Director of the Department of Corrections, and does not apply to those CJPB members whose only public position is membership on the CJPB, such as a representative from a private community service organization, who is a person subject to the Code of Ethics only by way of his or her membership on the CJPB.