As used in this chapter:
(1) “Any person within his or her family” means a spouse and any dependent children of
any public official or public employee as well as a person who is related to any public
official or public employee, whether by blood, adoption or marriage, as any of the
following: father, mother, son, daughter, brother, sister, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law,
son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, halfbrother or halfsister;
(2) “Business” means a sole proprietorship, partnership, firm, corporation, holding company,
joint stock company, receivership, trust, or any other entity recognized in law through
which business for profit or not for profit is conducted;
(3) “Business associate” means a person joined together with another person to achieve
a common financial objective;
(4) “Employees of state and local government, of boards, commissions and agencies” means
any full time or part time employees in the classified, nonclassified and unclassified
service of the state or of any city or town within the state, any individuals serving
in any appointed state or municipal position, and any employees of any public or quasi-public
state or municipal board, commission, or corporation;
(5) “Governmental function” means any action that is public in nature and is performed
for the common good of all the people;
(6) “Open and public process” means the open solicitation for bids or proposals from the
general public by public announcement or public advertising followed by a public disclosure
of all bids or proposals considered and contracts awarded;
(7) “Person” means an individual or a business entity;
(8)(i) “State agency” means any department, division, agency, commission, board, office,
bureau, authority, or quasi-public authority within Rhode Island, either branch of
the Rhode Island general assembly, or an agency or committee thereof, the judiciary,
or any other agency that is in any branch of Rhode Island state government and which
exercises governmental functions other than in an advisory nature;
(ii) “Municipal agency” means any department, division, agency, commission, board, office,
bureau, authority, quasi-public authority, or school, fire or water district within
Rhode Island other than a state agency and any other agency that is in any branch
of municipal government and exercises governmental functions other than in an advisory
nature;
(9) “State or municipal appointed official” means any officer or member of a state or
municipal agency as defined herein who is appointed for a term of office specified
by the constitution or a statute of this state or a charter or ordinance of any city
or town or who is appointed by or through the governing body or highest official of
state or municipal government;
(10) “State or municipal elected official” means any person holding any elective public
office pursuant to a general or special election;
(11) A person’s natural child, adopted child, or stepchild is his or her “dependent child”
during a calendar year if the person provides over fifty percent (50%) of the child’s
support during the year;
(12) A person “represents” him or herself before a state or municipal agency if he or she
participates in the presentation of evidence or arguments before that agency for the
purpose of influencing the judgment of the agency in his or her own favor;
(13) A person “represents” another person before a state or municipal agency if he or she
is authorized by that other person to act, and does in fact act, as that other person’s
attorney at law or his or her attorney in fact in the presentation of evidence or
arguments before that agency for the purpose of influencing the judgment of the agency
in favor of that other person.
(14) “Major decision-making position” means the executive or administrative head or heads
of a state agency, whether elected or appointed or serving as an employee and all
members of the judiciary, both state and municipal. For state agencies, a “major decision-making
position” shall include the positions of deputy director, executive director, assistant
director and chief of staff.
Notes of Decisions
Carmody v. Rhode Island Conflict of Interest Comm'n, 509 A.2d 453 (R.I. 1986).
· cites it 6× “NOTES [1] General Laws 1956 (1984 Reenactment) § 36-14-2 provides: "The following persons and entities are subject to the provisions of this chapter: (1) state or municipal elected officials, (2) state or municipal appointed officials.”
Little v. Conflict of Interest Comm'n, 397 A.2d 884 (R.I. 1979).
“See §36-14-2, -3(2), -15, -16. Subsequent regulations promulgated by the Commission stated that appointed officials subject to its jurisdiction include members of a “state or municipal agency.”
DiPrete v. Morsilli, 635 A.2d 1155 (R.I. 1994).
· cites it 2× “” The record reflects that as of April 1986 DiPrete was a one-third owner in DiPrete/Laurienzo construction company.”
In Re Advisory From the Governor, 633 A.2d 664 (R.I. 1993).
“Section 36-14-5(n) provides: “No state elected official, while holding state office and for a period of one (1) year after leaving state office, shall seek or accept employment with any other state agency, as defined in § 36-14-2(4)(a), other than employment which was held at…”
Celona v. Rhode Island Ethics Comm'n, 544 A.2d 582 (R.I. 1988).
· cites it 2× “” Section 36 — 14—4(d) provides in part: “No person enumerated in § 36-14-2 shall use in any way his public office or confidential information received through his holding any public office to obtain financial gain other than that provided by law, for himself [[Image here]]…”
DiLuglio v. Rhode Island Ethics Comm'n, 726 A.2d 1149 (R.I. 1999).
· cites it 4× “However, after analyzing petitioner’s acts without the aid of the definition that is now set forth in § 36-14-2(13), 3 we conclude that petitioner “represented” the bottlers in violation of that term as it was used in § 36 — 14—5(e)(2) when petitioner engaged in the challenged…”
Mehrtens v. Davis, 574 A.2d 1236 (R.I. 1990).
· cites it 4× “Following the hearings, the commission reached certain conclusions of law that may be summarized as follows: “As a member of the Burrillville Town Council, Respondent was an elected official within the meaning of R.I. Gen. Laws § 36-14-2 and § 36-14-3(1) and as such was subject…”
Treaster v. Rhode Island Mobile & Manufactured Home Comm'n, 644 A.2d 314 (R.I. 1994).
· cites it 2× “396, § 1, and the member in question is clearly subject to the provisions of § 36-14-2(2). The commission is not purely “advisory” but carries out its duties by monitoring, determining, investigating, educating, and conducting public hearings under the directives of G.”
R.I. Gen. Laws § 36-14-2(13): 1 case
DiLuglio v. Rhode Island Ethics Comm'n, 726 A.2d 1149 (R.I. 1999).
“However, after analyzing petitioner’s acts without the aid of the definition that is now set forth in § 36-14-2(13), 3 we conclude that petitioner “represented” the bottlers in violation of that term as it was used in § 36 — 14—5(e)(2) when petitioner engaged in the challenged…”
R.I. Gen. Laws § 36-14-2(2): 1 case
Treaster v. Rhode Island Mobile & Manufactured Home Comm'n, 644 A.2d 314 (R.I. 1994).
“396, § 1, and the member in question is clearly subject to the provisions of § 36-14-2(2). The commission is not purely “advisory” but carries out its duties by monitoring, determining, investigating, educating, and conducting public hearings under the directives of G.”
R.I. Gen. Laws § 36-14-2(3): 1 case
R.I. Gen. Laws § 36-14-2(4)(a): 2 cases
In Re Advisory From the Governor, 633 A.2d 664 (R.I. 1993).
“Section 36-14-5(n) provides: “No state elected official, while holding state office and for a period of one (1) year after leaving state office, shall seek or accept employment with any other state agency, as defined in § 36-14-2(4)(a), other than employment which was held at…”
Treaster v. Rhode Island Mobile & Manufactured Home Comm'n, 644 A.2d 314 (R.I. 1994).
“396, § 1, and the member in question is clearly subject to the provisions of § 36-14-2(2). The commission is not purely “advisory” but carries out its duties by monitoring, determining, investigating, educating, and conducting public hearings under the directives of G.”
R.I. Gen. Laws § 36-14-2(8): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.