Advisory Opinion No. 97-18

Re:  Robin Porter

A. QUESTION PRESENTED

Whether the Petitioner, a former State Senator, may represent the interests of Common Cause of Rhode Island before State Senate and/or the General Assembly, including chairing the organization's campaign finance reform committee and both informal contacts with legislators and formal testimony before legislative committees, regarding proposed legislation on campaign finance reform, without violating provisions of the Code of Ethics.

B. RESPONSE

Section 5(e) of the Rhode Island Code of Ethics provides, inter alia, that no person subject to the Code of Ethics shall represent another person before any state agency of which he or she is a member. The prohibition extends for one year after the public official has officially severed his or her position with the subject agency. For purposes of section 5(e) Common Cause of Rhode Island, a non-profit corporation, falls within the definition of "person" and the State Senate is a "state agency."

The clear language of Section 5(e) prohibits former Senator Porter from representing the interests of Common Cause of Rhode Island before the State Senate until one year after his term of office in the Senate expired. While the facts that the Petitioner would receive no compensation for his work on behalf of Common Cause and that neither he nor Common Cause would derive any financial benefit from the proposed legislation is powerful evidence that not even the potential for a conflict of interest exists here, the Ethics Commission may not amend legislated requirements through the advisory opinion process. Therefore, the plain meaning of the statute, which prohibits action by the Petitioner before the State Senate, stands. He may, however, chair or otherwise participate in any committees of Common Cause relating to campaign finance reform and he may represent that organization's interests before the branch of the General Assembly of which he was not a member; i.e., the House.

Code Citations:

36-14-5(e)

Advisory Opinions:

96-11

95-86

95-58

Keywords:

revolving door