Advisory Opinion No. 98-100

Re: Dr. Robert Carl

A. QUESTIONS PRESENTED

The Petitioner, Director of Administration, a state employee position and a state appointed position, requests an advisory opinion as to whether he may accept complimentary tickets to 1) a reception held by Bell Atlantic, a business entity that has business dealings with, and that are directly affected by, the Department of Administration, and/or 2) the Williamson/Kizirian Human Relations Award and Scholarship Luncheon, sponsored by an organization that does not have a business dealings with, or financial matters affected by, the Department of Administration.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that, pursuant to Regulation 36-14-5009, which becomes effective on July 1, 1998, Bell Atlantic is an “interested person,” in that it has a direct financial interest in decisions that the Petitioner, Director of Administration, a state employee and state appointed position, is authorized to make, or participate in the making of, as part of his official duties. Therefore, the Petitioner may not accept complimentary tickets to a reception organized and funded by that business entity. Conversely, we conclude that the Williamson/Kizirian Human Relations Award and Scholarship Luncheon does not involve an “interested person,” and that, therefore, the Petitioner may accept complimentary tickets for it.

C. DISCUSSION

1. Facts

The Petitioner is the Director of Administration for the State of Rhode Island. Bell Atlantic provides various categories of telephone service within the State and has a direct business relationship with the State as a provider of such services. The Department of Administration, of which the Petitioner is the Director, has business dealings with Bell Atlantic on behalf of the State that have a direct financial impact on that company. Bell Atlantic has organized a reception on July 11, 1998, in celebration of the Water Fire Exhibit in the City of Providence. The company has offered a complimentary ticket to the Petitioner to the event. The estimated value of the ticket is $30-$35. The company has indicated that complimentary tickets have or will be offered to various representatives of private businesses and public organizations.

The Petitioner also received an invitation to attend the Williamson/Kizirian Human Relations Award and Scholarship Luncheon, at which several Department of Administration employees will receive awards. The Williamson/Kizirian organization does not do business with the State of Rhode Island and does not otherwise have any direct financial interest in decisions made by the Petitioner as part of his official duties.

2. Analysis

Commission Regulation 36-14-5009, which becomes effective on July 1, 1998, provides that no person subject to the Code of Ethics shall accept a gift from an “interested person.” The regulation defines “interested person” as an individual or business entity “that has a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to make, or to participate in the making of, as part of his or her official duties.” Bell Atlantic is an “interested person” as defined in Regulation 5009 in that it has a direct financial interest in decisions that the Director of Administration is authorized to make, or participate in the making of, as part of his official duties. Therefore, consistent with the newly promulgated regulation, the Petitioner may not accept complimentary tickets to a reception organized and funded by that business entity.

Conversely, we conclude that the Williamson/Kizirian Human Relations Award and Scholarship Luncheon does not involve an “interested person.” That organization does not have a business relationship with the State of Rhode Island and the Department of Administration and, as a result, the organization does not have a direct financial interest in decisions made by the Department’s Director. Therefore, as would be the case with any individual, business or organization that does not have any direct financial interest in Department decisions, the Petitioner may accept complimentary tickets from it for the awards and scholarship luncheon.

Code Citations:

36-14-5009

Keywords:

Gifts