Any person subject to this code of ethics who, in the discharge of his or her official
duties, is or may be required to take an action, make a decision, or refrain therefrom
that will or can reasonably be expected to directly result in an economic benefit
to the person, or spouse (if not estranged), or any dependent child of the person,
or business associate or any business by which the person is employed or which the
person represents, shall, before taking any such action or refraining therefrom:
(1) Prepare a written statement sworn to under the penalties for perjury describing the
matter requiring action and the nature of the potential conflict; if he or she is
a member of a legislative body and he or she does not request that he or she be excused
from voting, deliberating, or taking action on the matter, the statement shall state
why, despite the potential conflict, he or she is able to vote and otherwise participate
fairly, objectively, and in the public interest; and
(2) Deliver a copy of the statement to the commission, and:
(i) If he or she is a member of the general assembly or of any city or town legislative
body, he or she shall deliver a copy of the statement to the presiding officer of
the body, who shall cause the statement to be recorded in the journal of the body
and, upon request of the member, may excuse the member from votes, deliberations,
or any other action on the matter on which a potential conflict exists; or
(ii) If the person is not a legislator, his or her superior, if any, shall, if reasonably
possible, assign the matter to another person who does not have a conflict of interest.
If he or she has no immediate superior, he or she shall take such steps as the commission
shall prescribe through rules or regulations to remove him or herself from influence
over any action on the matter on which the conflict of interest exists.
Notes of Decisions
In Re Advisory Opinion to the Governor, 504 A.2d 456 (R.I. 1986).
· cites it 5× “) According to § 36-14-6, in pertinent part, an official has an interest “in substantial conflict with the proper discharge of his duties” if “he has reason to believe or expect that he or his spouse * * * or any dependent child, business associate or any business by which said…”
Irons v. Rhode Island Ethics Comm'n, 973 A.2d 1124 (R.I. 2009).
· cites it 6× “[4] Section 36-14-6 provides, in relevant part, that: "Any person subject to this code of ethics who, in the discharge of his or her official duties, is or may be required to take an action, make a decision, or refrain therefrom that will or can reasonably be expected to…”
DiPrete v. Morsilli, 635 A.2d 1155 (R.I. 1994).
· cites it 9× “On September 26, 1988, Lippitt advised Lynch that he had reconsidered the award and had reselected Lycott for the Olney Pond project. The commission found that as a result of Tutela’s being originally selected for the Ol-ney Pond project, DiPrete had violated § 36-14-5…”
Carmody v. Rhode Island Conflict of Interest Comm'n, 509 A.2d 453 (R.I. 1986).
· cites it 2× “as such, have any interest, financial or otherwise, direct or indirect, or engage in any business, employment transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties or employment in…”
Celona v. Rhode Island Ethics Comm'n, 544 A.2d 582 (R.I. 1988).
· cites it 4× “Rather, § 36-14-6 5 provides that a conflict of interest exists if the public official “has reason to believe or expect that he [or she] * * * will derive a direct monetary gain * * * by reason of his [or her] official activity.”
Dwyer v. Conflict of Interest Comm'n, 646 F. Supp. 707 (D.R.I. 1986).
· cites it 2× “R.I.Gen.Laws § 36-14-6. It would appear then, that the CIC has exceeded the scope of its authority, as a plain reading of the statute reveals, that no conflict of interest is created when a school committee member with a teacher-spouse participates in and votes on teacher…”
Mehrtens v. Davis, 574 A.2d 1236 (R.I. 1990).
“as such, have any interest, financial or otherwise, direct or indirect, or engage in any business, employment transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties or employment in…”
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