Operation Clean Government

Press Release

-- Also see OCG's Brief On Separation Of Powers and  Oral Arguments on Separation Of Powers --

The advice given by the Supreme Court to the Governor that the Ethics Commission did not have authority to prohibit legislators from sitting on executive boards and commissions or appointing persons to such commissions or boards is another reason why Rhode Islanders need a Constitutional Convention. The Rhode Island Constitution could be amended to provide the Ethics Commission with such power. Operation Clean Government (OCG) has completed research and a lawsuit has been filed that may provide the mechanism to overturn this result.

While doing research on Constitutional Conventions, Sandra Mellen, an OCG Board member, discovered that Question #4 on the November 8, 1994 ballot did not comply with requirements of the Rhode Island Constitution. Attorney Rob Senville representing Robert Arruda (OCG Chairman) as well as Senator Marc Cote, and Sandra Mellen, as electors, has filed a case in the Superior Court to address this illegality. Question #4 stated "Shall there be a convention to amend or revise the Constitution?" This question was defeated, but evidence gathered in this lawsuit shows that the manner in which the question was submitted to the electorate was unconstitutional.

Article XIV, Section 2 of the State Constitution requires that

"Prior to a vote by the qualified electors on the holding of a convention, the general assembly, or the governor if the general assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble information on constitutional questions for the electors."

The plaintiffs have records that show that the general assembly failed to establish a bi-partisan preparatory commission, and that the bi-partisan preparatory commission purportedly established was not named by Governor Bruce Sundlun until one day before the election. Affidavits and depositions already in the plaintiffs' possession show that the Commission was a sham! Sundlun's Executive Order #94-20 forming the bi-partisan commission was dated November 7, 1994, and the plaintiffs basic contention is that the commission could not fulfill its constitutional duty to assemble information on constitutional questions for the electors within this twenty-four hour period, and that the commission did not in fact fulfill its constitutional mission. The Superior Court lawsuit seeks an injunction directing the Governor to establish a bona fide bipartisan preparatory commission and directing the Secretary of State to resubmit the question of holding a constitutional convention to the voters. Plaintiffs plan to complete discovery and ask for a prompt Court hearing on these issues by the end of this month.

Operation Clean Government has been a leading advocate for a State Constitutional Convention since June of 1998, believing that this would be the proper venue to address many of the reform issues that OCG strives for. Questions such as the separation of executive and legislative power would be properly addressed at such a convention.

Other issues regarding separation of government powers could be addressed. For example, the US Supreme Court does not have the power to render advisory opinions because such power is said to violate separation of powers principles ... so the US Supreme Court could never "advise" the President that a Rule established by an executive department or agency was invalid. All these questions deal with ethics in government, the structure of government, and whether the people have the right to control their own laws and destiny, and OCG firmly believes that the people - not government officials - should be deciding these questions? A Constitutional Convention could also address the issue of voter initiative. In 1996 the people advised their government at a duely held election that they wanted voter initiative in RI but government officials simply ignored the "advice" of the people. Ironically, in Rhode Island's democracy, the advice of the citizenry is ignored, while the advice of government officials is treated with reverence. A Constitutional Convention could help restore power to the people of this State.

- Also see OCG's Brief On Separation Of Powers and  Oral Arguments on Separation Of Powers --