Advisory Opinion No. 98-163

Re: Rene M. Lafayette, High Sheriff

QUESTION PRESENTED

The petitioner, the Providence County High Sheriff, a state appointed official, requests an advisory opinion as to whether, on behalf of the Sheriff’s Office, he may solicit public service groups, organizations and individuals to obtain funding for a gun safety program for local school children.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Providence County High Sheriff, a state appointed official, may solicit public service groups, organizations and individuals on behalf of the Sheriff’s Office to obtain funding for a gun safety program for local school children given that the solicitations are for a public purpose and the petitioner will derive no personal financial benefit from them.

The petitioner advises that he has launched a gun safety initiative that involves local school children and uses a format developed by the National Rifle Association of America (NRA). He indicates that he received an initial supply of workbooks, posters and other materials from the NRA, but the supply will soon be depleted. He wishes to solicit public service groups, organizations and individuals to obtain funding for replacement materials. He represents that the collected funds will be forwarded to a separate account within the NRA Foundation so that needed materials may be procured for the program.

Under the Code of Ethics, a public official is prohibited from using his public office or confidential information received through his office to obtain financial gain, other than that provided by law, for himself, a family member, or an employer. See R.I. Gen. Laws § 36-14-5(d). He also may not solicit or accept a gift or certain contributions with the understanding that the official’s vote, official action, or judgment would be influenced thereby. See R.I. Gen. Laws § 36-14-5(g). Further, Commission Regulation 36-14-5009 provides that no person subject to the Code 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.”

Here, the intended solicitation is for a gun safety program for school children sponsored by the Sheriff’s Office, and as such, constitutes a public purpose. Solicitations for such a public purpose would not constitute the use of the petitioner’s position to obtain financial gain for himself or constitute an improper gift, given that any benefit would accrue directly to Sheriff’s Office and the program. See R.I. Gen. Laws § 36-14-5(d) and Commission Regulation 36-14-5009. Therefore, the petitioner may solicit public interest groups, organizations and individuals to obtain needed materials, 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 Providence County Sheriff’s Office. However, in the event that the petitioner is in a position to exercise discretion over a matter involving an entity/individual that has been solicited, whether or not the individual or entity actually made a contribution, the petitioner should seek another advisory opinion before exercising his authority.

Code Citations:

36-14-5(d)

36-14-5(g)

Related Advisory Opinions:

98-155

98-63

95-73

95-42

Keywords:

Donations

Solicitation