Advisory Opinion No. 98-138

Re: William J. Conley, Jr., Esq.

QUESTION PRESENTED

The Petitioner, the East Providence City Solicitor, requests an advisory opinion as to whether members of the “Citizens Committee for the Placement of a Memorial to the Appearance of Babe Ruth and Ted Williams at Pierce Memorial Field”, a citizens committee formed by resolution of the East Providence City Council, are required to file financial disclosure statements with the Ethics Commission.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not require members of the “Citizens Committee for the Placement of a Memorial to the Appearance of Babe Ruth and Ted Williams at Pierce Memorial Field”, a citizens committee formed by resolution of the East Providence City Council, to file financial disclosure statements.

The Code of Ethics requires all state and municipal elected and appointed officials to file annual financial statements with the Ethics Commission. R.I. Gen. Laws § 36-14-16(a). The Code 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 by 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. R.I. Gen. Laws § 36-14-2(2); Regulation 36-14-2002(2) and (4). Here, the committee members are citizens who petitioned the City Council for permission to place a memorial on a public facility. The Council did not appoint the committee members, nor do they serve a term of office specified by statute, charter, or ordinance. Accordingly, the members are not “state or municipal appointed officials” within the meaning of R.I. Gen. Laws § 36-14-4, Regulation 36-14-2002 or R.I. Gen. Laws § 36-14-16, and are not required to file financial disclosure statements.

Code Citations:

36-14-2

36-14-4

36-14-16

Related Advisory Opinions:

98-85

98-62

97-134

97-87

96-39

Keywords:

Financial disclosure