Advisory Opinion No. 97-27

Re: Senator William V. Irons

QUESTION PRESENTED

The Petitioner, a State Senator, a state elected official, requests an advisory opinion in his capacity as Chairperson of the Rhode Island Senate Committee on Corporations as to whether his Committee may utilize the services of Edward F. Holland, a former member of the Senate (whose term ended effective January 7, 1997), as the part-time Clerk of the Committee if a) Mr. Holland will waive the per diem compensation ($58) ordinarily paid to committee clerks; and b) neither the state nor any other source will compensate or provide any other remuneration to Mr. Holland for his services until at least January 7, 1998.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Rhode Island Senate Committee on Corporations will not violate the Code of Ethics if it utilizes the services of Edward Holland, a former member of the Senate who resigned on January 7, 1997. This opinion is based on the Petitioner's representation that Mr. Holland a) will waive the per diem compensation ordinarily paid to committee clerks; b) receive no other compensation or remuneration from any source for the performance of such services until at least one year from the date of his resignation, January 7, 1998; c) receive no retroactive compensation for services provided during the period January 7, 1997, to January 7, 1998; and d) receive no other benefit as a result of his service with the Committee, such as pension or longevity accrual, health benefits or pension benefits. Since Mr. Holland will not receive any financial benefit or remuneration within one year from the date of his resignation, and since he serves in an "at will" capacity, his acceptance of the position of clerk will not fall within the prohibitions set forth in Commission Regulation 36-14-5006, which prohibits a state elected official from accepting an appointment from his former body "to any position which carries with it any financial benefit or remuneration" until the expiration of one year from the date the official terminated his membership in such body.

Code Citations:

 36-14-5006

Related Advisory Opinions:

96-85

96-80

96-79

94-37

94-06

Keywords:

post-employment

revolving door