§ 36-14-8. Rhode Island ethics commission — Establishment — Members — Vacancies — Quorum — Compensation
and quarters.
(a) There is hereby established an independent and nonpartisan Rhode Island ethics commission
composed of nine (9) members appointed by the governor. The president of the senate,
the minority leader of the senate, the speaker of the house of representatives, the
majority leader of the house of representatives, and the minority leader of the house
of representatives shall, within twenty (20) days of July 21, 1992, each submit to
the governor a list of names of at least five (5) individuals. The governor shall,
within forty (40) days of July 21, 1992, appoint one individual from each of the lists
so submitted and four (4) individuals without regard to the lists submitted by the
legislative leaders.
(b) Members of the commission shall serve for terms of five (5) years, except that, of
the members first appointed:
(1) The individual appointed from the list submitted by the majority leader of the house
of representatives shall serve for one year;
(2) The individuals appointed from the lists submitted by the minority leader of the senate
and one of the individuals appointed by the governor without regard to the lists submitted
by the legislative leaders shall serve for two (2) years;
(3) The individual appointed from the list submitted by the minority leader of the house
of representatives and one of the individuals appointed by the governor without regard
to the lists submitted by the legislative leaders shall serve for three (3) years;
(4) The individual appointed from the list submitted by the president of the senate and
one of the individuals appointed from the list submitted by the minority leader of
the house of representatives shall serve for four (4) years; and
(5) The individual appointed from the list submitted by the speaker of the house of representatives
and one of the individuals appointed from the list submitted by the minority leader
of the senate shall serve for five (5) years.
(c) No member shall be appointed for more than one full five (5) year term; provided,
however, that each member shall continue to serve until his or her successor is appointed
and qualified; and, provided further, that if, at the time of the expiration of any
member's term, that member is actively engaged in the adjudication of a complaint,
he or she shall continue to serve in that capacity until the commission has completed
its responsibilities with respect to that complaint.
(d) The governor shall, at the time of the initial appointments to the commission, designate
one member to act as chairperson of the commission for a period of one year and another
to act as vice chairperson of the commission for a period of one year. Thereafter,
the commission shall elect a chairperson and a vice chairperson. The vice chairperson
shall act as chairperson in the absence of the chairperson or in the event of a vacancy
in that position.
(e) Any vacancy on the commission, occurring for any reason prior to the expiration of
the term, shall be filled for the unexpired term by the appointing authority in the
same manner as the original appointment within thirty (30) days of the vacancy occurring.
(f) No individual, while a member or employee of the commission, including any legal counsel
engaged by the commission, shall:
(1) Hold or campaign for any other public office;
(2) Hold office in any political party or political committee;
(3) Participate in or contribute to any political campaign;
(4) Directly or indirectly attempt to influence any decision by a governmental body, other
than as the duly authorized representative of the commission on a matter within the
jurisdiction of the commission;
(5) Have held elective public office or have been a candidate for elective public office
for a one year period prior to appointment.
(6) Have any equity interest or ownership interest in, or be employed by a business entity
that derives any of its revenue or income by engaging in lobbying, as defined in chapter
22-10 and chapter 42-139.
(g) The governor shall declare vacant the position on the commission of any member who
takes part in activities prohibited by subsection (f) of this section. An individual
appointed to fill a vacancy occurring other than by the expiration of a term of office
shall be appointed for the unexpired term of the member he or she succeeds, and is
eligible for appointment to one full five-year term thereafter. Any vacancy occurring
on the commission shall be filled within thirty (30) days in the manner in which that
position was originally filled.
(h) For any action to be taken under the terms of this chapter by the full commission,
five (5) members of the commission shall constitute a quorum.
(i) Commission members shall not be compensated for attendance at meetings of the commission
or of any investigating committee or adjudicative panel of the commission.
(j) All departments and agencies of the state or of any city or town or political subdivision
within this state shall furnish such advice or information documentary or otherwise,
to the commission and its agents as is deemed necessary or desirable by the commission
to facilitate the purposes of this chapter.
(k) The director of administration is hereby authorized and directed to provide suitable
quarters for the commission.
(l) When commission members act in good faith within the scope of their authority and
in their official capacities they shall be afforded protection against civil liability
as provided in § 9-1-31.1.