Advisory Opinion No. 95-48

Re: The Honorable Steven M. Costantino

A. QUESTION PRESENTED

Whether Mr. Costantino, the executive director of the Drug and Alcohol Treatment Association (D.A.T.A) and a member of the House of Representatives, may (1) testify before the House Finance Committee, (2) speak on the House floor or (3) vote on budgetary and policy matters, with regard to substance abuse issues.

B. SUMMARY

Mr. Costantino may testify to his own opinions before the House Finance Committee regarding substance abuse issues.

Mr. Costantino may speak on the floor of the House and vote on legislation so long as; the subject legislation will not affect his financial interests or that of his immediate family, D.A.T.A, any business associate or any business he represents.

Mr. Constantino may vote on the general budget.

C. DISCUSSION

1. Facts

Mr. Costantino is employed in the private sector as the executive director of D.A.T.A., an association of substance abuse treatment and prevention providers. The association, as well as the individual providers it represents, receives state funding through the Department of Substance Abuse.

As a member of the House of Representatives, Mr. Constantino may have occasion to testify before the House Finance Committee as to budgetary and policy issues related to substance abuse, speak on the floor of the House with regard to such issues and vote on substance abuse related budgetary and policy matters.

2. Analysis

This advisory opinion request presents the question of whether a member of the House of Representative may participate in certain House activities (testifying, speaking and voting) regarding issues which may directly impact his private employment. As opined in General Commission Advisory Opinion No. 13, the Commission understands that many legislators have particular expertise in certain matters precisely because they work in a particular field, and that such expertise is invaluable for informing their legislative colleagues about particular legislative proposals. In addition, the Ethics Commission recognizes that legislators are members of many occupational groups, and that the voters who elect them are or should be aware of the means by which a particular candidate earns his or her living.

Accordingly, the Commission holds that with regard to testifying at a public hearing before a legislative committee, in accordance with Regulation 36-14-7003, Mr. Costantino, as a member of the general public may express his viewpoint in a public forum on any matter of general public interest or on any matter which directly affects him.

With regard to speaking on the floor of the House, and voting on legislation, in accordance with R.I. Gen. Laws § 36-14-7(a), Mr. Costantino may participate in these activities so long as the subject substance abuse issue will not substantially affect his financial interests or that of his family, D.A.T.A, any business associate or any business he represents.

In addition, in accordance with R.I. Gen. Laws § 36-14-7(b), Mr. Costantino may participate in these activities when any financial gain or loss resulting from the legislation would accrue to Mr. Costantino (or family, D.A.T.A, any business associate or any business he represents) to no greater or lessor extent than the interests of all of the members of the affected group or profession to which the legislator (or family, D.A.T.A, business associate or business represented) belongs. Mr. Costantino is cautioned however, that the Commission does not believe that R.I. Gen. Laws § 36-14-7(b) should apply in instances where the group affected is a distinct and significant enough subset of the larger group, and where a significant portion of the legislator's income (more than 25%) is derived from activities as part of such subgroup.

Finally, with regard to budgetary votes, Mr. Costantino may vote on the budget as a whole. However if he is called upon to separately vote on any substance abuse budgetary matters separately, the above noted restrictions apply.

Keywords

Private Employment

Buiness Interest

Business Associate

Budgets

Class Exception