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Rhode Island Bill to Give Ethics Commission Back Its Jurisdiction Over Legislators
Monday, March 22nd, 2010
Robert Wechsler
Update: June 7, 2010 (see below)
There is some very good news out of Rhode Island, even if it is over a month old. The house majority leader, now the speaker of the house, Gordon Fox, has introduced a bill seeking a referendum in November on a constitutional amendment that would return to the state ethics commission its jurisdiction over legislators, which had been taken away by a state supreme court decision last year (see blog post on the decision). The governor has supported the bill, and Senator Lenihan and others have filed the same bill in the senate.
The constitution, as amended, would contain the following sentence, which will warm the heart of anyone opposed to the application of legislative immunity, pursuant to the speech or debate clause, in the government ethics context.
According to a state house press release, both of the state's major good government groups, Common Cause RI and Operation Clean Government, were involved in drafting the bill.
The house speaker and sponsor of the bill has had run-ins with the ethics commission and the good government groups, including a $10,000 fine that he paid in 2004, following a complaint by Operation Clean Government. The fine was for supporting legislation that gave a company a state lottery contract and tax incentives to move its headquarters to Providence, soon after the company hired the then majority leader's law firm.
But just last year, the majority leader was seen attending a Red Sox game with three lobbyists for the same company. Although he paid the ticket price, it was a ticket that would have cost far more on the market, and it's hard to believe that the three lobbyists really preferred the company of the Rhode Island majority leader over their other friends, or their family members.
Two other complaints against Fox were filed with the ethics commission, but were dismissed.
It's rare for a legislator who has been the subject of ethics complaints to brush them off and recognize the importance of the independent administration of government ethics laws. Fox's action, in a period of economic crisis in his state and at the time he became the house speaker, is highly commendable.
According to an Associated Press report, the bill is on tomorrow's agenda for the house judiciary committee. Let's hope the bill sails through and becomes an example for states and localities across the nation.
Update: June 7, 2010
This bill has been sitting in committee for a few months now, and doesn't seem any closer to being passed. The secretary of state and an attorney general candidate have made news supporting the bill and calling for its passage. But it will likely take more than that to force the Rhode Island Legislature's hand.
Robert Wechsler
Director of Research-Retired, City Ethics
---
There is some very good news out of Rhode Island, even if it is over a month old. The house majority leader, now the speaker of the house, Gordon Fox, has introduced a bill seeking a referendum in November on a constitutional amendment that would return to the state ethics commission its jurisdiction over legislators, which had been taken away by a state supreme court decision last year (see blog post on the decision). The governor has supported the bill, and Senator Lenihan and others have filed the same bill in the senate.
The constitution, as amended, would contain the following sentence, which will warm the heart of anyone opposed to the application of legislative immunity, pursuant to the speech or debate clause, in the government ethics context.
-
For any speech in debate in either house, no member shall be questioned
in any other place, except by the ethics commission
According to a state house press release, both of the state's major good government groups, Common Cause RI and Operation Clean Government, were involved in drafting the bill.
The house speaker and sponsor of the bill has had run-ins with the ethics commission and the good government groups, including a $10,000 fine that he paid in 2004, following a complaint by Operation Clean Government. The fine was for supporting legislation that gave a company a state lottery contract and tax incentives to move its headquarters to Providence, soon after the company hired the then majority leader's law firm.
But just last year, the majority leader was seen attending a Red Sox game with three lobbyists for the same company. Although he paid the ticket price, it was a ticket that would have cost far more on the market, and it's hard to believe that the three lobbyists really preferred the company of the Rhode Island majority leader over their other friends, or their family members.
Two other complaints against Fox were filed with the ethics commission, but were dismissed.
It's rare for a legislator who has been the subject of ethics complaints to brush them off and recognize the importance of the independent administration of government ethics laws. Fox's action, in a period of economic crisis in his state and at the time he became the house speaker, is highly commendable.
According to an Associated Press report, the bill is on tomorrow's agenda for the house judiciary committee. Let's hope the bill sails through and becomes an example for states and localities across the nation.
Update: June 7, 2010
This bill has been sitting in committee for a few months now, and doesn't seem any closer to being passed. The secretary of state and an attorney general candidate have made news supporting the bill and calling for its passage. But it will likely take more than that to force the Rhode Island Legislature's hand.
Robert Wechsler
Director of Research-Retired, City Ethics
---
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