Advisory Opinion No. 98-63

Re: Colonel Edmond S. Culhane, Jr.

QUESTION PRESENTED

The Petitioner, the Rhode Island State Police Colonel and Superintendent, state appointed positions, requests an advisory opinion as to whether he may issue a letter encouraging participation in a fundraising event, sponsored by Mothers Against Drunk Driving in Rhode Island (MADD RI), a private, non-profit organization of which he is an honorary chairman.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Rhode Island State Police Colonel and Superintendent, state appointed positions, may issue a letter encouraging participation in a fundraising event, sponsored by Mothers Against Drunk Driving in Rhode Island (MADD RI).

The Petitioner has been asked by MADD RI to serve as honorary chairman of the TeamSpirit Bicycle Tour, a fundraising event to support MADD RI’s youth education and awareness programs. The Petitioner wishes to issue a letter on MADD RI stationary to individuals, organizations and businesses, encouraging their support and participation in the event. He further wishes to sign the letter in his official capacity as Colonel, acknowledging that MADD RI’s educational programs support the State Police’s duties and responsibilities relating to maintaining roadway safety and State Police efforts to reduce the incidence of drunk driving. The Petitioner advises that he and the State Police would not have any knowledge whether those individuals/entities solicited actually participated in or supported the event.

The Code of Ethics does not prohibit the Petitioner, in his capacity as a public official, from issuing any such letters of solicitation provided that there is broad based solicitation of local individuals, organizations and businesses, and not just of persons or entities currently doing business with the State Police. The Petitioner’s solicitations would not constitute the use of his position to obtain financial gain for himself, given that any benefit would accrue directly to MADD RI. See R.I. Gen. Laws § 36-14-5(d). Additionally, taking action to assist the organization’s fundraising efforts standing alone does not make the Petitioner a business associate of the organization and/or its principals. R.I. Gen. Laws § 36-14-2(8). Therefore, the law does not prohibit the Petitioner from using his public position to assist the organization in its efforts.

Code Citations:

36-14-5(d)

36-14-5(g)

Related Advisory Opinions:

95-73

95-42

Keywords:

Charitable events

Solicitation