§ 36-14-16. Financial statement to be filed.
(a) On or before the last Friday in April of each year, the following officials and employees
subject to this code of ethics shall file with the commission a financial statement
complying with the requirements of this chapter:
(1) All state elected officials;
(2) All state-appointed officials;
(3) All state-appointed officials and employees who hold a major decision-making position
in a state agency;
(4) All municipal elected officials; and
(5) All municipal-appointed officials whose official duties and responsibilities include
exercising decision-making authority over the expenditure of more than fifty thousand
dollars ($50,000) in public funds in any fiscal or calendar year, and expressly including
solicitors and assistant solicitors, police chiefs, fire chiefs, superintendents of
schools, principals, superintendents and administrators of charter schools, board
members of charter schools, principals, superintendents and administrators of state
schools, board members of state schools, building inspectors, members of planning
boards, zoning boards, licensing boards and tax appeal boards. This subsection shall
also include all municipal-appointed officials whose official duties and responsibilities
include nominating, appointing, or hiring any persons who will receive compensation
of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar
year.
(b) In the case of state- and municipal-appointed officials on and after January 1, 1988,
the appointee shall file the financial statement within thirty (30) days after the
date of his or her appointment or the date he or she qualifies for the office; provided,
however, that in the case of the appointment of officials who require senate confirmation,
the appointee shall file the financial statement with the appropriate senate committee
prior to the institution of those confirmation proceedings.
(c) Within thirty (30) days after the filing deadline, or within thirty (30) days after
filing a notice of organization or compliance with § 17-25-8, every person who is a candidate for an office as an elected officer, except those
candidates for moderator and clerk of a voting district of the cities and towns, shall
file the financial statement as required by this chapter. Filings of candidates for
general office shall include information as required in § 36-14-17(b)(2). The commission shall grant an extension for good cause shown of not more than fifteen
(15) days, provided a request for the extension is received prior to the filing deadline
for the financial statement.
(d) Except as otherwise provided in this chapter, at least thirty (30) days before the
deadline date for the filing of a financial statement by each individual required
to file, the commission shall mail to the individual a copy of the financial statement
form. In the case of candidates other than those covered by subsection (f) of this
section, the forms shall be mailed within ten (10) days after the filing deadline
date. In the case of appointed officers covered by this section, the forms shall be
mailed within seven (7) days after the date of the appointment.
(e) If a person has filed a financial statement as required by one subsection of this
section covering the preceding calendar year, he or she is not required to file a
financial statement as required by another subsection if, before the deadline for
filing under the other subsection, he or she notifies the commission in writing that
he or she has already filed a financial statement under the subsection specified.
(f) A person required to file a financial statement under subsection (a) of this section
may request the commission to grant an extension of time of not more than sixty (60)
days for filing the statement. The commission shall grant the extension of not more
than sixty (60) days if the request is received prior to the filing deadline or if
a timely filing or request for extension is prevented because of physical or mental
incapacity. Not more than one extension may be given to a person in one year except
for good cause shown.
(g) The deadline for filing any statement required by this section is 5:00 p.m. of the
last day designated in the pertinent subsection of this section for filing the statement.
When the last day of filing falls on a Saturday or Sunday or an official state holiday,
the deadline for filing is extended to 5:00 p.m. of the next day which is not a Saturday
or Sunday or holiday. Any statement required by any provision of this section to be
filed within a specified time period shall be deemed to be timely filed if it is placed
in the United States post office or in the hands of a common or contract carrier properly
addressed to the appropriate authority within the time limits applicable to the statement.
The postmark or receipt mark (if received by a common or contract carrier) will be
prima facie evidence of the date that the statement was deposited with the post office
or carrier. The person filing the statement may show by competent evidence that the
actual date of posting was to the contrary.