Operation Clean Government
Press Release
March 19, 2007
Contact: Arthur C. Barton 401-323-1148
Email: [email protected]
Could seven unfilled seats kill ethics panel?Operation Clean Government President Chuck Barton called today for action to address the expired terms and vacancies on the Rhode Island Ethics Commission. Barton announced that he has sent letters to the elected officials who are responsible for nominating and appointing members to the Commission, highlighting that six of nine current positions are either vacant or filled by a commissioner whose term has expired. One more position will expire in August.
The members of the commission with expired or expiring terms are:
- Richard Kirby who has served since 1998 when he was nominated by then House Speaker John Harwood to fill an unexpired term. His term expired in 2002
- James V. Murray who was nominated by former House Majority Leader Gerard M. Martineau and appointed by Governor Almond in 1998. His term expired in 2003.
- Frederick K. Butler who was nominated by House Minority Leader Robert Watson and appointed by Governor Carcieri in 2004 to fill an unexpired term. His term expired in 2005, and he is eligible for reappointment.
- George Weavill, Jr. who was appointed by Governor Lincoln Almond in 2001 to fill an unexpired term. His term expired in 2005, and he is eligible for reappointment.
- James Lynch, Sr., who was appointed by Governor Almond in 1997 to fill an unexpired term and then was appointed to a full term in 2001. His term expired in 2006.
- Patricia M. Moran, who was nominated by Senate Majority Leader William Irons and appointed by Governor Almond, resigned in August 2006, creating a vacancy.
- James C. Segovis who was appointed by Governor Almond in 2002. His term will expire this August, leaving only two commissioners with unexpired terms.
“OCG is not critical of the job these Commission members have done,” emphasized Barton. He went on to say, “If any additional members were to resign, it could be difficult to meet the quorum requirement of five members. The public would then suffer from the lack of independent oversight of our elected officials that the Commission provides. The law requires the Commission be composed of nine members who each serve one five year term and are then replaced. Terms are set to conclude in staggered years to allow for continuity within the Commission. The law was set up to allow independence of the Commission and to ensure fresh approaches to the complaints the Commission hears. As presently composed, the Ethics Commission has the character of a lifetime appointment. The current commissioners have served well, but the spirit and the letter of the law deserve attention from the leaders in our State House.”
Rhode Island law (RIGL 36-14-8) states that four members be appointed directly by the Governor and the remaining five members be appointed by the Governor from lists of five nominees submitted by the majority and minority leaders in the House, the House Speaker, the Senate President and the Senate minority leader. The law also provides that no Commission member may serve more than one full five-year term. However, if a member is appointed to fill an unexpired term, s/he may then be reappointed to fill a full term.
“We are fortunate in Rhode Island to have an Ethics Commission with considerably more power to deal with unethical behavior than do other states,” explained Barton. “However, this failure to appoint members in accordance with the laws is yet another example where Rhode Island government is negligent in obeying and/or enforcing the laws it enacted. OCG is urging the Governor and the leaders of the General Assembly to fulfill their responsibility in a timely manner to best serve the interests of the public.”
For the past four years Operation Clean Government has proposed legislation that would strengthen the Ethics Commission appointment process by setting time limits for appointments with alternate appointing authorities when the time limits are not met.
The OCG president concluded, “In this day of questionable, corrupt and unethical behavior by public officials, we must be ever vigilant to assure that our public servants are above reproach. The Rhode Island Ethics Commission has played a vital role in maintaining the standards set by the Constitution and must be given the resources to continue its mission.”
<Click here for the text of one of the letters sent>
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