Ethics Rules & Oversight Should Apply to General Assembly-But They Don’t!

Tuesday, June 23, 2015

 

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As we head into the final days of the legislative session, everyone is focused on improving the economy without busting the budget. We at the OCG Institute (the education arm of Operation Clean Government) have a proposal that will help our economy and better our way of life without increasing taxes one red cent.

As part of our ongoing efforts to reduce corruption in government, the Rhode Island Ethics Commission should have its oversight powers over members of the General Assembly restored.

Research on the impact of corruption is definitive. Corruption reduces job growth and increases state expenditures.  It worsens income inequality and lowers voter turnout.  Corruption not only impacts our economy but also our culture.

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The OCG Institute is forming a coalition to address this proposal.  We call it CLEAN RI – The Coalition for Legislative Ethics and Accountability Now.

If you agree that restoring Ethics Commission legislative oversight will benefit Rhode Island in a variety of ways, please visit cleanri.org for more information and to learn how your organization can join the coalition. 

We know Speaker Mattiello has dismissed the idea saying, “If a three-year jail sentence doesn’t deter someone, a $1,000 fine is meaningless.

He is right that fines handed out by the Ethics Commission do not deter crime (even though Senator Celona was fined $130,000 for  selling his vote during the pharmacy bill scandal What Speaker Mattiello is missing is the oversight by the Ethics Commission enables the average citizen to hold legislators accountable through an impartial third party. This system protects the taxpayers from bad politicians and it also protects legislators from overzealous citizens.

Back in 2006, twenty years after the Constitutional Convention created the Ethics Commission, Senators John Celona, Gerard Martineau and William Irons were investigated by the Ethics Commission for voting on pharmacy bills at the same time they were working for companies that benefited from those bills.

Senators Celona and Martineau pled guilty and were sent to federal prison.  But Senate President Irons sued, arguing that the  "speech in debate" clause in the RI Constitution provided immunity to prosecution by the Ethics Commission. 

That "speech in debate" clause stemmed from a similar clause in the US Constitution. The intent was to prevent a President or other officials of the executive branch from having members arrested or otherwise punished for voting or taking actions as legislators that ran counter to the President’s policies.

Clearly, that was not the case here; but a majority of RI Supreme Court justices agreed with Irons and the case was dismissed in 2009.

As a result of that decision the people no longer have an impartial system to initiate similar investigations against potentially corrupt legislators. 

Common Cause RI reports that 60% fewer legislators have recused themselves from potential conflict of interest votes since 2009. In other words, knowing that they cannot be challenged by the Ethics Commission, members of the General Assembly are now two-and-a half times more likely to vote on legislation where they might have a conflict of interest, greatly increasing the potential for corruption.

In 1986 the citizens of Rhode Island overwhelmingly passed a constitutional amendment creating an independent and non-partisan Ethics Commission, and they did not intend to exclude the General Assembly from that oversight. 

This continued inaction by the General Assembly shows a blatant disregard for the 143,973 voters who approved the original ethics amendment, as well as disdain for those state legislators who privately believe they should be setting the example for honest government in Rhode Island.

In thirty-three other states an independent Ethics Commission has jurisdiction over the state legislature. Let’s not pride ourselves on being a state that does not.

Margaret Kane is President of Operation Clean Government, a group dedicated to promoting honest, responsible and responsive state government in Rhode Island. OCG Institute is the education arm of OCG. Bill Felkner is project coordinator for "CLEAN RI”; he is a policy analyst and former elected town and school district official .

 

Related Slideshow: Rhode Island’s History of Political Corruption

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Buddy Cianci

Vincent A. "Buddy" Cianci resigned as Providence Mayor in 1984 after pleading nolo contendere to charges of assaulting a Bristol man with a lit cigarette, ashtray, and fireplace log. Cianci believed the man to be involved in an affair with his wife. 

Cianci did not serve time in prison, but received a 5-year suspended sentence. He was replaced by Joseph R. Paolino, Jr. in a special election. 

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Joseph Bevilacqua

Joseph Bevilacqua was RI Speaker of the House from 1969 to 1975, and was appointed as Chief Justice of the State Supreme Court in 1976.  It was alleged that Bevilacqua had connections to organized crime throughout his political career.  

According to a 1989 article that appeared in The New York Times at the time of his death:

The series of events that finally brought Mr. Bevilacqua down began at the end of 1984... stating that reporters and state police officers had observed Mr. Bevilacqua repeatedly visiting the homes of underworld figures.

The state police alleged that Mr. Bevilacqua had also visited a Smithfield motel, owned by men linked to gambling and drugs...

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Thomas Fay

Thomas Fay, the successor to Bevilacqua as Chief Justice of the Supreme Court, resigned in 1993, and was later found guilty on three misdemeanor counts of directing arbitration work to a partner in his real estate firm, Lincoln Center Properties.  

Fay was also alleged to use court employees, offices, and other resources for the purposes of the real estate firm.  Fay, along with court administrator and former Speaker of the House, Matthew "Mattie" Smith were alleged to have used court secretaries to conduct business for Lincoln, for which Fay and Smith were business partners. 

Fay was fined $3,000 and placed on one year probation. He could have been sentenced for up to three years in prison. 

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Brian J. Sarault

Former Pawtucket Mayor Brian J. Sarault was sentenced in 1992 to more than 5 years in prison, after pleading guilty to a charge of racketeering.  

Sarault was arrested by state police and FBI agents at Pawtucket City Hall in 1991, who alleged that the mayor had attempted to extort $3,000 from former RI State Rep. Robert Weygand as a kickback from awarding city contracts.

Weygand, after alerting federal authorities to the extortion attempt, wore a concealed recording device to a meeting where he delivered $1,750 to Sarault.

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Edward DiPrete

Edward DiPrete became the first Rhode Island Governor to be serve time in prison after pleading guilty in 1998 to multiple charges of corruption.

He admitted to accepting bribes and extorting money from contractors, and accepted a plea bargain which included a one-year prison sentence.

DiPrete served as Governor from 1985-1991, losing his 1990 re-election campaign to Bruce Sundlun.

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Plunder Dome

Cianci was forced to resign from the Mayor’s office a second time in 2002 after being convicted on one several charges levied against him in the scandal popularly known as “Operation Plunder Dome.” 

The one guilty charge—racketeering conspiracy--led to a five-year sentence in federal prison. Cianci was acquitted on all other charges, which included bribery, extortion, and mail fraud.

While it was alleged that City Hall had been soliciting bribes since Cianci’s 1991 return to office, much of the case revolved around a video showing a Cianci aide, Frank Corrente, accepting a $1,000 bribe from businessman Antonio Freitas. Freitas had also recorded more than 100 conversations with city officials.

Operation Plunder Dome began in 1998, and became public when the FBI executed a search warrant of City Hall in April 1999. 

Cianci Aide Frank Corrente, Tax Board Chairman Joseph Pannone, Tax Board Vice Chairman David C. Ead, Deputy tax assessor Rosemary Glancy were among the nine individuals convicted in the scandal. 

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N. Providence Councilmen

Three North Providence City Councilmen were convicted in 2011 on charges relating to a scheme to extort bribes in exchange for favorable council votes. In all, the councilmen sought more than $100,000 in bribes.

Councilmen Raimond A. Zambarano, Joseph Burchfield, and Raymond L. Douglas III were sentenced to prison terms of 71 months, 64 months, and 78 months, respectively. 

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Charles Moreau

Central Falls Mayor Charles Moreau resigned in 2012 before pleading guilty to federal corruption charges. 

Moreau admitted that he had give contractor Michael Bouthillette a no-bid contract to board up vacant homes in exchange for having a boiler installed in his home. 

He was freed from prison in February 2014, less than one year into a 24 month prison term, after his original sentence was vacated in exchange for a guilty plea on a bribery charge.  He was credited with tim served, placed on three years probation, and given 300 hours of community service.

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Joe Almeida

State Representative Joseph S. Almeida was arrested and charged on February 10, 2015 for allegedly misappropriating $6,122.03 in campaign contributions for his personal use. Following his arrest, he resigned his position as House Democratic Whip, but remains a member of the Rhode Island General Assembly.

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Gordon Fox

The Rhode Island State Police and FBI raided and sealed off the State House office of Speaker of the House Gordon Fox on March 21--marking the first time an office in the building has ever been raided. 

Fox pled guilty to 3 criminal counts on March 3, 2015 - accepting a bribe, wire fraud, and filing a false tax return. The plea deal reached with the US Attorney's office calls for 3 years in federal prison, but Fox will be officially sentenced on June 11.

 
 

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