Advisory Opinion No. 98-36

Re: Judith Hadley

QUESTION PRESENTED

The Petitioner, a member of the Special Legislative Commission to Review Statewide Recycling Efforts and to Make Recommendations Therefor, a state appointed position, requests an advisory opinion as to whether she is required to file a personal financial disclosure statement pursuant to the Code of Ethics.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the Special Legislative Commission to Review Statewide Recycling Efforts and to Make Recommendations Therefor (“Special Legislative Commission”), a state appointed position, is not required to file a personal financial disclosure statement under the Code of Ethics by reason of said position; however, the Petitioner is required to file a financial disclosure statement pursuant to her prior service as a member of the Lincoln Conservation Commission, a municipal appointed position.

On January 16, 1997, the General Assembly created the eleven-member Special Legislative Commission to review statewide recycling efforts and make recommendations for uniformity and efficiency throughout the state. After reporting its findings and recommendations to the Senate on or before January 14, 1998, the Commission shall expire on March 14, 1998. Although its members are appointed by the legislature, the Special Legislative Commission functions in a purely advisory capacity and therefore, its members are not required to file financial disclosure statements under the Code of Ethics.

Based upon the Petitioner’s representation that she served on the Lincoln Conservation Commission from January through June of 1997, however, the Commission concludes that the Petitioner must file a personal financial disclosure statement. The Lincoln Town Council appointed the Petitioner. Since she was appointed by or through the highest governing body or highest official of municipal government, the Petitioner was a "state or municipal appointed official" within the meaning of R.I. Gen. Laws § 36-14-4 or § 36-14-16, and therefore, is required to file a financial disclosure statement.

Code Citations:

36-14-4

36-14-16

Related Advisory Opinions:

97-60

97-80

97-134

Keywords:

Financial disclosure