Rhode Island Common Cause Calls for Chafee to Withdraw Mancuso
Monday, July 15, 2013
John Marion and Common Cause Rhode Island are asking Governor Chafee to withdraw his nomination of Eva-Marie Mancuso for Interim Commissioner of Higher Education, citing ethics code vilations.
Common Cause issued the following statement this morning.
"We believe Ms. Mancuso’s appointment would result in her being in violation of the Code of Ethics and subject her to prosecution by Ethics Commission.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe Board of Education has scheduled a vote at tonight’s meeting to appoint its Chairwoman, Ms. Mancuso, to the position of Interim Commissioner of Higher Education. This appointment would be in clear violation of Regulation 36-14-5006 of the Rhode Island Code of Ethics that imposes a one-year revolving door prohibition on members of state boards. Accepting this appointment could subject Ms. Mancuso to prosecution by the Ethics Commission and a fine of up to $25,000.
“We believe this to be a clear-cut case of the Chafee administration not conducting due diligence on this appointment,” says John Marion, executive director of Common Cause. He continues, “Common Cause has alerted both Governor Chafee and Chairwoman Mancuso to this conflict and urged them to withdraw the appointment and cancel tonight’s vote.”
Read letter from Common Cause's John Marion to Eva-Marie Mancuso
Dear Chairwoman Mancuso:
We are writing today to urge you to withdraw Item 10 from the agenda of tonight’s meeting of the Board of Education. Common Cause believes that if you accept appointment as interim Commissioner of Higher Education, as Governor Chafee has recommended, you will be in violation of Regulation 36-‐14-‐5006 of the Code of Ethics.
Regulation 36-‐14-‐5006 reads:
No elected or appointed official may accept any appointment or election that requires approval by the body of which he or she is or was a member, to any position which carries with it any financial benefit or remuneration, until the expiration of one (1) year after termination of his or her membership in or on such body, unless the Ethics Commission shall give its approval for such appointment or election, and, further provided, that such approval shall not be granted unless the Ethics Commission is satisfied that denial of such employment or position would create a substantial hardship for the body, board, or municipality.
We believe the revolving door portion of the regulation prohibits you from accepting the position of interim Commissioner of Higher Education. Clearly you are a member of the Board of Education, and even serve as its chair. The job of interim Commissioner of Higher Education comes with a significant financial benefit should you secure the position.
While the Ethics Commission may grant exemptions to regulation 36-‐14-‐5006, and has in the past, we can find no evidence that you have received an advisory opinion on the matter from the Commission. Given that Item 10 on tonight’s agenda would allow for a vote on your appointment, it seems that there is no intention to seek the Ethics Commission’s advice.
Common Cause believes that even if you were to seek an exception to the revolving door regulation from the Ethics Commission, you would not be granted such a waiver. We do not see how not being allowed to appoint you would create “a substantial hardship” for the Board of Education. In fact we feel that your appointment would set a troubling precedent.
We urge you to strike Item 10 from tonight’s agenda and withdraw your name for consideration as interim Commissioner of Higher Education.
Sincerely,
John Marion Executive Director
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