Advisory Opinion No. 95-40

Re: Marcel A. Valois

A. QUESTION PRESENTED

Whether Marcel A. Valois, as Director of the Department of Economic Development, may participate in charity golf tournaments where the registration fee is paid by a sponsoring company and commemorative items are provided to the participants.

B. SUMMARY

The Rhode Island Code of Ethics prohibits Mr. Valois from participating in the tournaments where the fees paid by the sponsoring company exceeds $100 or where the value of the tournament and any commemorative gift exceeds $100.

C. DISCUSSION

1. Facts

The Director of the Department of Economic Development, Marcel A. Valois, has been asked to participate in charity golf tournaments where the registration fee is paid by a sponsoring company. In such tournaments, Director Valois anticipates that he would be assigned to a "foursome" which contained at least one member of the sponsoring company. Director Valois also indicated that, at the conclusion of such tournaments, tournament officials frequently provide participants with commemorative items, such as golf equipment, apparel or gift certificates. Director Valois also indicated that the tournaments often provide extravagant prizes for a "hole-in-one."

In response to a request for more specific information, Director Valois indicated that, since taking office in January 1995, he has been invited to participate: (1) in a charity tournament to benefit the Northern Rhode Island Mental Health Association where his fees, valued at $125.00 (including the cost of dinner), would be paid by the Northern Rhode Island Chamber of Commerce; and (2) a University of Rhode Island Alumni Association Tournament in which his participation, valued at $125.00 (including the cost of dinner), would be sponsored by Pare Engineering. Director Valois indicated that in both tournaments he should receive commemorative prizes valued under $20.00. Director Valois advised that he expects to receive invitations to approximately six to eight tournaments a year, each to be sponsored by a different corporate entity.

2. Analysis

Under the Code of Ethics, a person subject to its provisions is prohibited from accepting a gift where there is an expectation that the donor will benefit by the donee's official actions. See R.I. Gen. Laws § 36-14-5(g). Pursuant to R.I. Gen. Laws § 36-14-1, a person subject to the Code is also encouraged to avoid the appearance of impropriety.

As to the issue of whether a public official may accept a "gift," the Commission has indicated, in a general advisory opinion addressing the propriety of "free passes" (Advisory Opinion No. 7) that, although the intent of the donor and the fact of whether the event is related to an official's responsibilities may at times be relevant, it will find that an official violated the Code if he or she accepts a "free pass" in excess of one hundred dollars. In this general advisory, the Commission reasoned that "[t]he prohibition contained in §5(g) is not only intended to prevent actual preferential treatment, but also to prevent the possibility of preferential treatment and thus prevent the appearance of impropriety."

The Commission also opined, in a general advisory opinion issued to provide guidelines for public officials receiving complimentary meals (Advisory Opinion No. 5), that, an official will not violate the Code by accepting an occasional meal as part of a social gathering. The Commission warned, however, that "caution must be given . . were the cost or the value of the meal rises to the point of being more than nominal (for instance where a public official is invited to a $200 a plate dinner), or where such occasions become so frequent or numerous as to become of more than nominal value in the aggregate, (such as a $5 lunch every week)."

Here, the issue is whether Director Valois, as director of the Department of Economic Development (an agency charged with the duty to encourage the expansion and development of business and commerce in Rhode Island), may participate in golf tournaments sponsored by a corporate entity without violating the Code of Ethics. In formulating this advisory, the Commission assumes that the sponsoring corporate entities are likely to be companies that have done, are doing, or will do business within or with the State of Rhode Island. As such, the sponsoring entities are likely to have contacts with the agency which Director Valois oversees. This certainly enters the realm of the "appearance of impropriety."

Therefore, after considering the relevant sections of the Code and our past pronouncements in general advisory opinions, we advise Director Valois that the Code of Ethics prohibits his acceptance of invitations to golf tournaments where the value of the benefit received from the sponsoring entity (for golfing-tournament fees, gifts, and meals) exceeds $100 or, in the event that a corporate entity sponsors more than one event, where the aggregate of the benefit received from the tournaments exceed $100. Obviously this prohibition does not extend to Director Valois participating in such events if he pays all the relevant fees from his personal funds.

Keywords

Gifts

Charitable Events

Prizes

Meals

Vendors