Advisory Opinion No. 98-5

Re: Ernest J. Letendre, Jr.

QUESTION PRESENTED

The Petitioner, Casework Supervisor in the East Providence Long Term Unit of the Rhode Island Department of Human Services (RIDHS), a state employee position, requests an advisory opinion as to whether, upon retiring from state service, he may accept private employment which may involve interaction with RIDHS.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, Casework Supervisor in the East Providence Long Term Unit of the Rhode Island Department of Human Services (RIDHS), a state employee position, from securing private employment upon retirement which may involve interaction with RIDHS, provided that any involvement in matters regarding the East Providence Long Term Care Unit must be of a ministerial nature for a period of one year following his date of separation.

The Code of Ethics provides that a public official or employee may not represent himself or any other person before any state or municipal agency of which he is a member or by which he is employed. R.I. Gen. Laws §§ 36-14-5(e)(1),(2). Additionally, the Petitioner may not act as an expert witness before RIDHS with respect to any matter the agency's disposition of which will or can reasonably be expected to directly result in an economic benefit or detriment to him, his employer or any business that he represents. R.I. Gen. Laws § 36-14-5(e)(3). R.I. Gen. Laws § 36-14-5(e)(4) extends these prohibitions for a period of one year after the Petitioner has officially severed his position with RIDHS. This "revolving door" language is provided so as to minimize any influence the former public employee may have with his former agency that is not available to the general public.

Although the Commission has consistently concluded that individuals subject to the Code of Ethics may not appear before their own agency or board prior to the expiration of one year from their date of separation, said prohibition does not extend to the performance of ministerial acts. Therefore, the Petitioner may not have any personal involvement with a matter before the East Providence Long Term Care Unit that goes beyond ministerial activities, such as hand delivering documents to and or reviewing files at the Unit, for a period of one year following his date of separation from the Unit.

Code Citations:

36-14-5(e)

Related Advisory Opinions:

97-25

97-01

97-02

96-102

96-59

94-13

Keywords:

Revolving door