Advisory Opinion No. 98-62

Re: Manuel M. Vieira

QUESTION PRESENTED

The Petitioner, the Communications Department Director for the City of Providence Department of Public Safety, a municipal employee position, requests an advisory opinion as to whether he must file a financial disclosure statement with the Ethics Commission given that he is appointed by the Director of Public Safety.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Communications Department Director for the Providence Department of Public Safety, a municipal employee position, is not required to file a financial statement. Section 16 of the Code of Ethics provides that on a designated date each calendar year “every person enumerated in section 36-14-4(a) and section 36-14-4(b) shall file with the Commission a financial statement complying with the requirements of this chapter.” Section 4(a) refers to state and municipal elected officials; section 4(b) refers to state and municipal appointed officials.

Clearly the Petitioner is not an elected official. Nor is he a municipal appointed official as that term is defined in the Code of Ethics. R.I. Gen. Laws § 36-14-2(2) defines a state or municipal appointed official as any officer or member of a state or municipal agency who is a) appointed for a term of office specified the constitution or by statute, ordinance or charter, or b) appointed by or through the governing body or highest official of state or municipal government. The Petitioner did not receive his appointment from either the City Council or the Mayor of the City of Providence, nor does the Communications Director for the Department of Public Safety serve for a term specified by the constitution or by statute, ordinance or charter. Therefore, the Petitioner is not a municipal appointed official within the meaning of R.I. Gen. Laws §§ 36-14-16, 36-14-4(a) and (b) and is not required to file a financial disclosure statement.

Code Citations:

36-14-2(4)

36-14-4

36-14-16

Related Advisory Opinions:

96-39

97-134

Keywords:

Financial disclosure