Advisory Opinion No. 98-121

Re: The Honorable Thomas R. Coderre

QUESTION PRESENTED

The Petitioner, a legislator serving as State Senator, a state elected position, requests an advisory opinion as to whether he may accept complimentary tickets to a reception to be held by Bell Atlantic, a business entity that has business dealings with the General Assembly and with his private employer, United Way of Southeastern New England.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that, pursuant to Regulation 36-14-5009, which became effective on July 1, 1998, Bell Atlantic is an “interested person,” in that it has a direct financial interest in decisions that the Petitioner, a legislator serving as State Senator, a state elected position, is authorized to make, or participate in the making of, as part of his official duties. Regulation 5009 prohibits the receipt of gifts, including the sort of complimentary tickets at issue here, by a decision-maker from an “interest person”. None of the limited categories of exceptions to this prohibition are applicable here. Therefore, the Petitioner may not accept complimentary tickets to a reception organized and funded by Bell Atlantic. Given this response and that the Petitioner's acceptance of a gift if he were only a private employee is not covered by the Code of Ethics, we do not address the propriety of accepting tickets as United Way employee. Additionally, nothing in this opinion prohibits the Petitioner from attending the Water Fire reception if he pays Bell Atlantic consideration of equal or greater value for the event.

Code Citations:

36-14-5009

Keywords:

Gifts