Celona v. Rhode Island Ethics Commission

544 A.2d 582, 1988 R.I. LEXIS 115, 1988 WL 75029
CourtSupreme Court of Rhode Island
DecidedJuly 21, 1988
DocketNo. 86-335 M.P.
StatusPublished
Cited by4 cases

This text of 544 A.2d 582 (Celona v. Rhode Island Ethics Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Celona v. Rhode Island Ethics Commission, 544 A.2d 582, 1988 R.I. LEXIS 115, 1988 WL 75029 (R.I. 1988).

Opinion

OPINION

SHEA, Justice.

This case is before the Supreme Court following our granting of a petition for the issuance of a writ of certiorari to review a judgment of the Superior Court. That judgment affirmed a decision of the Rhode Island Conflict of Interest Commission (the commission)1 in which the commission found that the petitioners, while serving as members of the North Providence Town Council, had violated provisions of the State conflict-of-interest law. We affirm.

The petitioners, John A. Celona, Robert A. DiStefano, Ann M. McQueeney, Joseph A. Refino, Joseph E. Rendine, and John W. Rhude, brought an action in the Superior Court against the then-State of Rhode Island Conflict of Interest Commission and its individual members.2

The petitioners alleged that the commission had erred in finding that petitioners had violated the State conflict-of-interest law in the following way. While serving as members of the North Providence Town Council, petitioners passed, unanimously and without discussion, a resolution requesting the General Assembly to amend § 2-1-4 of article 2 of the North Providence Town Charter to read as follows:

“All members of the Council shall be compensated at an annual salary of $1500 and shall receive $100 each per month for expenses unless changed by ordinance. No council may increase its compensation or expense allowance during a new term of office nor for the next term if the ordinance is passed after the last day on which nomination papers must be filed for the primary prior to the general election at which council members are to be elected. Any increase in compensation shall not exceed 10% of the then current compensation for any term of office.”

This proposed amendment altered § 2-1-4 of the town charter by eliminating a provision that expressly provided that council members would “receive no reimbursement for expenses.”

Prior to the March 3, 1981 council meeting at which the formal resolution was passed, the council met to discuss the proposed resolution at an unannounced and unpublished Sunday morning meeting. Shortly after the parage of the formal resolution, the requested bill was introduced in the House of Representatives by the town’s legislative delegation. It was passed by the Legislature and became law on May 26, 1981. Before passage by the House of Representatives, an amendment was offered by one North Providence legislator that would have added the following language to the proposed act:

“A voucher which itemizes the expenses for which claim is made for payment and certifies as to the accuracy of the expenses incurred and the amount thereof, and provided that the responsible authority who authorizes the expenditure certifies as to the necessity for incurring such expense.”

This proposed change in the offered amendment would bring the amendment into com[584]*584pliance with § 23-1-2 of article 23 of the North Providence Charter. The motion to amend was tabled by the House by a vote of thirty-nine to thirty-eight.

It is clear from the record that the council was aware not only of the unfavorable public perception of this activity on their part but also, more importantly, of the provisions of G.L. 1956 (1984 Reenactment) § 36-14-5 requiring a filing of a report with the commission before taking the action that could create a conflict of interest.3

After the amendment became law, the town treasurer issued $100 monthly checks to petitioners without requiring any voucher or record of expenses from the council members. One petitioner testified that he paid income taxes on the monthly payment. He also testified that all council members were union members and received health and retirement benefits from the town.

At the time the amendment was passed and at present two other sections of the town charter, §§ 23-1-1 and 23-1-2 read as follows:

“§ 23-1-1. Compensation of employees.—
All persons employed by the town on the basis of an annual salary whether elected or appointed, shall be paid on a pro-rated basis for the period during which they actually rendered services to the town together with any accumulated fringe benefits to which they may be entitled.”
“§ 23-1-2. Expenses of employees.—
No persons employed in the town government in any capacity shall incur, nor shall he claim reimbursement for, any expenses in the performance of his duties unless they are necessary and proper. The town treasurer shall reimburse an employee for expenses incurred in connection with the performance of his duties only if the employee submits to him a voucher which itemizes the expenses for which claim is made for payment and certifies as to the accuracy of the expenses incurred and the amount thereof, and provided that the responsible authority who authorized the expenditure certifies as to the necessity for incurring such expense.
No person employed in the town government shall be paid for expenses in the performance of his duties on the basis of a regular periodic or other fixed expense allowance.”

Complaints were filed with the commission, alleging that each of these petitioners had violated the conflict of interest law. Hearings were held, and the commission rendered its decision. It found that petitioners had “knowingly and willfully violated Rhode Island General Laws, § 36-14-4(a), 36-14-4(d), [36-14-4](e)(l), and 36-14-5 and Commission Regulations 1009, 1014, 1015, 1011.4 The petitioners [585]*585were ordered to cease and desist from accepting any further $100-monthly payments until after the next election and to reimburse the town for any payments received or, in the alternative pay a $3,000 fine.

In reaching its decision, the commission found that:

1. The expense allowance in the charter amendment was not a genuine expense allowance but rather was tantamount to additional compensation.
2. The council members were the only beneficiaries of the charter amendment.
3. The petitioners used their public office to pass the council resolution which set in motion the process by which the charter amendment would be made.

The petitioners appealed to the Superior Court under the provisions of G.L. 1956 (1984 Reenactment) § 42-35-15 of the Administrative Procedures Act. In due course the trial justice issued his written decision and entered judgment in which he affirmed the commission decision and order.

When on a petition for certiorari to this court we review a judgment of the Superior Court that has affirmed a decision of an administrative board or agency, this court examines the record to determine if there is evidence or reasonable inferences to be drawn from that evidence to support the findings of the tribunal whose decisions are being reviewed. Guarino v. Department of Social Welfare, 122 R.I. 583, 588-89, 410 A.2d 425, 428 (1980).

Our review of the record satisfies us that there is ample evidence to support the conclusions of the commission.

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Related

DiLuglio v. Rhode Island Ethics Commission
726 A.2d 1149 (Supreme Court of Rhode Island, 1999)
Passarelli v. Pratt, 93-894 (1994)
Superior Court of Rhode Island, 1994
DiPrete v. Morsilli
635 A.2d 1155 (Supreme Court of Rhode Island, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
544 A.2d 582, 1988 R.I. LEXIS 115, 1988 WL 75029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/celona-v-rhode-island-ethics-commission-ri-1988.