Gift Made with Intent to Influence
No person subject to this code of ethics, or spouse (if not estranged), dependent child, or business associate of the person, or any business by which the person is employed or which the person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the person would be influenced thereby.
R.I. Gen. Laws Section 36-14-5(g).
No person shall give or offer to any person covered by this code of ethics, or to any candidate for public office, or to any person within his or her family or business associate of any person, or to any business by which the person is employed or which the person represents, any gift, loan, political contribution, reward, or promise of future employment based on any understanding or expectation that the vote, official action, or judgment of the person would be influenced thereby.
R.I. Gen. Laws Section 36-14-5(i).
No candidate for public office, or any person within his or her family, business associate of the candidate, or any business by which the candidate is employed or which the candidate represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the candidate would be influenced thereby.
R.I. Gen. Laws Section 36-14-5(l).
Extra Compensation for Official Duties
1.4.3 Honoraria
- No person subject to the Code of Ethics shall accept an honorarium, fee or reward or other compensation for any activity which may be considered part of or directly relates to said person’s official duties and responsibilities unless:
- the source of the honorarium, fee, reward or other compensation is an individual or entity for which the official or employee is not vested with decision making authority within his or her official duties and responsibilities; and
- the official or employee, when engaging in or preparing for the activity, uses his or her own time and does not make improper use of state or municipal materials or resources.
520-00 R.I. Code R. § 36-14-5010.
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
1.4.2 Gifts (36-14-5009)
- No person subject to the Code of Ethics, either directly or as the beneficiary of a gift or other thing of value given to a spouse or dependent child, shall accept or receive any gift of cash, forbearance or forgiveness of indebtedness from an interested person, as defined herein, without the interested person receiving lawful consideration of equal or greater value in return.
- No person subject to the Code of Ethics, either directly or as the beneficiary of a gift or other thing of value given to a spouse or dependent child, shall accept or receive any gift(s) or other thing(s) having either a fair market value or actual cost greater than twenty-five dollars ($ 25), but in no case having either an aggregate fair market value or aggregate actual cost greater than seventy-five dollars ($ 75) in any calendar year including, but not limited to, gifts, loans, rewards, promises of future employment, favors or services, gratuities or special discounts, from a single interested person, as defined herein, without the interested person receiving lawful consideration of equal or greater value in return.
- For purposes of this regulation a “single interested person” shall include all employees or representatives of an individual, business, organization or entity.
- The prohibitions in this section do not apply if the gift or other thing of value is:
- a campaign contribution as defined by the laws of the state;
- services to assist an official or employee in the performance of official duties and responsibilities, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents; or
- a plaque or other similar item given in recognition of individual or professional services in a field of specialty or to a charitable cause.
- “Interested person,” for purposes of this section, means a person or a representative of a person or business 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.
- The prohibitions in this section do not apply if the gift or thing of economic value is given:
- because of the recipient’s membership in a group, a majority of whose members are not persons subject to the Code of Ethics, and an equivalent gift is given or offered to other members of the group; or
- by an interested person who is a person within the family of the recipient, unless the gift is given on behalf of someone who is not a member of said family.
- For purposes of this regulation, a gift or other thing of value is considered received when it comes into the possession or control of the person subject to the Code of Ethics, or his or her spouse or dependent child, and is a gift or other thing of value subject to the requirements of this regulation unless it is immediately returned to the interested person or given to a bona fide charitable organization without benefit accruing to the person subject to the Code of Ethics.
520-00 R.I. Code R. § 36-14-5009.
Definitions and Exceptions
Please see above sections for statute specific definitions and exceptions.
Notes/Resources
Resource(s)
From the Rhode Island Ethics Commission website:
- “Due to the concurrent legislative authority of the Ethics Commission and the General Assembly in the area of ethics, the Code of Ethics contains both regulations adopted by the Ethics Commission and statutes passed by the General Assembly. Therefore, the complete Code of Ethics cannot be found solely within either the Rhode Island Code of Regulations (RICR) or the Rhode Island General Laws. Instead, the Ethics Commission publishes a complete Code of Ethics, with regulatory and statutory provisions combined, on its website (see below) and in hard copy available at the Ethics Commission’s office.”