Ethics – RI Future

October 21, 2016October 21, 2016

Question 2 pits ethics oversight of legislators vs. free speech for legislators

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Question 2 on Rhode Island’s ballot this election asks voters if the state Ethics Commission should have restored authority over state legislators that a 2009 lawsuit stripped away. While on its face it may seem like any increased oversight of the often ethically-challenged General Assembly would be a step in the right direction, there are free speech arguments against passing the amendment to the state constitution.

Indeed two of Rhode Island’s most trusted State House special interests are at odds on Question 2: Common Cause Rhode Island is for the ballot measure and the RI ACLU is against it. So RI Future brought in John Marion and Steven Brown, the executive director of each organization, to discuss their difference of opinion.

“Common Cause and the ACLU disagree on the limits of what free speech is,” said Marion, of Common Cause.

“We believe there is free speech that is involved when a legislator representing their constituents gets up and talks about an issue,” said Brown, of the ACLU.

At issue is the speech in debate clause of Rhode Island’s constitution that, according to Marion, “provides a general immunity – to legislators, and only legislators – from prosecution or suit for their legislative duties.” Similar speech in debate clauses exist in 43 other state constitutions, he said.

Marion and Brown agree that a 2009 US Supreme Court case found, in Marion’s words, that “there is no First Amendment protection for people with a conflict of interest. If you have a conflict of interest as defined by law you aren’t supposed to participate.”

Brown thinks the court got it wrong. He said legislators need to be able to do their jobs “freely without fear there are going to be consequences,” he said. “We are concerned that the possibility exists that this could be undermined as a result of the amendment.”

“I certainly understnad the arguments on the other side and I don’t dismiss them because certainly the problem with ethics in our government is one that can’t be ignored but I think it’s just a legitimate differing of opinions in balancing these issues and deciding where the greatest harm lies.”

May 11, 2016May 11, 2016

Legislative leaders agree to restore Ethics Commission oversight

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After a seven year dearth, it looks like a little bit of ethical oversight may be returning to the General Assembly. Thanks to a bill sponsored by House Speaker Nick Mattiello, Rhode Islanders could vote to restore the Ethics Commission’s ability to review legislators’ actions this November.

“The public and the business community need to have trust in their government,” Speaker Mattiello said in a news release. “I believe giving the Ethics Commission jurisdiction over the General Assembly is a strong step forward for Rhode Island.”

Mattiello’s bill is a weaker version of the rules concerning Ethics Commission review of legislator conflicts of interest and other issues that the state Supreme Court effectively suspended seven years ago. It would suspend the oversight for five months before an election.

The state Supreme Court ruled seven years ago that legislators should not be held liable for actions that don’t violate the law, including conflicts of interest. The court used the “speech-in-debate” clause that had traditionally been used to shield lawmakers from civil suit.

North Kingstown state Senator Jim Sheehan, a Bernie Sanders supporter, has been leading a one-man crusade for ethics reform over the General Assembly this year. He took the somewhat unprecedented action of buying advertising on local media (including this site) to call attention to the matter.

“While far from perfect, the House amendment represents a reasonable compromise on the ethics reform issue,” Sheehan said. “Most critically, it finally closes the ‘legislators loophole,’ after a seven year hiatus, by restoring the jurisdiction of the Ethics Commission over the General Assembly. If approved and ratified by voters, I hope this measure will help rebuild the people’s trust in their elected state representatives and senators. In light of recent revelations of scandal at the State House, albeit overdue, this reform could not have come any sooner. After six year of working diligently on ethics reform, I am gratified to see a successful outcome to this issue.”

Senate President Teresa Paiva Weed, who joined Mattiello at a news conference yesterday, said, “I hope this is the final piece of the puzzle in terms of restoring confidence and trust in an institution which seeks to serve the people of the state of Rhode Island.”

Other state leaders called it one step in restoring Rhode Islanders’ faith in their government. “This legislation, along with my proposed lobby reform legislation, are historic steps toward restoring Rhode Islanders confidence in their government,” said Secretary of State Nellie Gorbea.

Said Governor Gina Raimondo, “Rhode Islanders deserve better – we need to embrace broad and deep reforms. By restoring Ethics Commission oversight, adopting a line-item veto, and re-examining grant programs, we can send a strong signal that we are committed to making Rhode Island a good place to do business.”

John Marion, executive director of Common Cause RI, who has long championed returning Ethics Commission oversight of the General Assembly said he supports the bill with some qualifications.

“Common Cause is supportive of the Speaker’s proposal to restore the full jurisdiction of the Ethics Commission over members of the General Assembly,” he said. “Our support is qualified on our need to examine the proposal further given that it was only made public today. Additionally, we believe that the moratorium on ethics complaints before an election belongs in law, not in the constitution. It has been seven years since a Rhode Island Supreme Court decision created this loophole in ethics oversight. It’s high time the voters be given a chance to close it by amending our constitution this November.”

Legislative leaders changed their minds on addressing legislators’ immunity from oversight by the Ethics Commission after former House Finance Committee Chairman Ray Gallison resigned amid a law enforcement probe last week. It’s unclear why the FBI and state police are investigating Gallison, but media reports since his resignation have shined a light on a non-profit that he works for. It received significant state funding and board members had little idea of the organization’s work and even their roles, which surprised some listed as board members.

“It is unfortunate, but true, that scandals help advance necessary reforms,” Marion told the Providence Journal.

November 4, 2012November 4, 2012

10 Reasons to Support James Diossa for CF Mayor

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I am a big fan of City Councilman James Diossa – 1 of 5 candidates running in the November6th non-partisan primary for Mayor of Central Falls.

Here are 10 reasons that you should vote for him, volunteer for him and donate to him between now and Tuesday.

1. Honesty matters. As we have seen with Mayor Angel Taveras in Providence, it is critical for elected officials to be honest with the people. When you are honest, you are able to bring people to the table and accomplish tough things. James is that kind of elected official. He his honest, humble and in politics for the right reasons. He wants to improve his community; not pad his wallet or get jobs for his friends or contracts for his buddies.

2. He is Young, Progressive and Latino. Diossa has the right stands on the right issues and he is not shy about stating it. I have spent my political career trying to level the playing field for candidates who do not look like me – women and people of color – and James represents the best of his generation.

3. He brings people together. A cadre of unusual suspects from Sen. Betty Crowley to Rep. Gus Silva to United States Senator Jack Reed have endorsed Diossa. They see the promise and hope in a new leader. And with the new leader relatively hamstrung by a 5 year budget plan with little discretion, the next Mayor is going to need to rally support from all corners of city, state and federal circles. Diossa is well-situated to do that.

4. Cracking down on Corruption matters. Diossa recently announced that on Day One of his administration he would submit a comprehensive ethics package to the City Council for their approval – banning pay to play and instituting tough new regulations for lobbyists. Former Common Cause director Phil West issued a statement of support and said that these kind of tough positions on corruption are a bold step in the right direction. For those who want to see Rhode Island city governments ‘disinfected’ by the ‘sunlight’ of ‘transparency’ then Diossa is your candidate.

5. A Role Model. The young people of Central Falls need role models in positions of power that they can emulate. James will inspire young people to do their homework, to stay in school and to shoot for the stars. He sat in the same seat that they did. Young people will see that they too can be Mayor one day if they work hard.

6. The Power of the People. James ran an upstart and grassroots campaign for City Council against an entrenched incumbent and won. Then, he worked with community leaders and the people and organized against the closing of the post office, the closing of the public library and a proposed ban on overnight parking. He knows that the power of government sits in the hands of the people and he’s eager to engage the people in the work of government. That’s refreshing.

7. Past v. Future. The special interests in Central Falls who have seen their favored Mayor go down on federal corruption charges are uniting to stop James Diossa’s candidacy. They have sent out false and illegal flyers. They are doing everything they can to keep their grip on City Hall. These figures of the past need to go the way of the past. James is the candidate best situated to bring new ideas and a fresh vision to a city moving out of bankruptcy

8. Lazieh used to be Mayor. As the Providence Journal has pointed out, Lazieh’s track record as Mayor is filled with decisions which put Central Falls on a path to bankruptcy. He underfunded the Central Falls pension system by millions of dollars. In fact, in 1991 the City’s pension Annual Required Contribution (ARC) to the Police and Fire Fund was 54% of the recommended amount. By 1995, Lazieh made only 22% of the ARC payment and the auditors noted that there was a history of underpayment and that “failure to make adequate funding results in a shifting of plan costs to later years.” By comparison, Buddy Cianci’s lowest ARC payment ever was around 60% of the recommended amount. But, that’s not all. Lazieh was fined by the state ethics board for unethical management practices, including using the City’s purchasing process for personal gain. (Source: Cooper, Helene. Providence Journal 10/11/1991, Lazieh admits ethics violation Panel fines mayor for billing goods to city.) Finally, after he lost reelection, Lazieh created a new city policy that allowed him to pay himself more than $17,000 in “back vacation pay.” (Source: Sabar, Ariel. Providence Journal 3/28/1998, Ethics panel: ex-mayor’s vacation pay is OK.) You get the point. Not a model of fiscal responsibility or ethical government

8. Joe Moran used to be Police Chief. Moran “retired” at age 47 from city service with a taxpayer funded pension worth more than $61,000 (second highest pension in the city) – and then was rehired the very next day by corrupt Mayor Charles Moreau (Source: Hummel, Jim. Hummel Report 4/15/2010, Cashing in.) On top of his pension, Moran negotiated a backroom deal that left him with taxpayer benefits like health care with no co-pays, a city matched 401(k), a clothing allowance and bonuses all worth nearly $160,000 a year. (Source: U.S. Bankruptcy Court 11-13105-FJB and Central Falls Personnel Records.) After his contract was voided, Joe Moran sued Central Falls taxpayers for over $550,000 and won a settlement over $75,000 – all while the City was declaring bankruptcy! (Source: Welch, Catherine. WRNI 08/16/2012). Aren’t you sick and tired of public servants who care more about their own personal wealth than the welfare of all of the people?

9. Bruce Corrigan and Tia Ristaino-Siegel. These other two candidates on the ballot will get some votes, but will not compete for the December run-off. Of these two, I actually like Tia quite a bit and hope that she does not give up and perhaps seeks another run at office -maybe City Council. She is smart, eloquent and has some interesting ideas. Corrigan is another voice from the past seeking to maintain hold on the strings of power.

10. “A City with a Bright Future.” This is the city’s motto. It seems sad considering everything that has happened. And who better to become mayor of a city emerging from bankruptcy than a hometown hero – scoring the winning goal for a soccer championship, leaving for college and returning home to serve his hometown with energy and passion? James represents a bright future and will be the force to bring one to Rhode Island’s city of one square mile.

As Tip O’Neill said, “all politics is local.” That means that changing Rhode Island means that you start at the local level. And, if you are a progressive or you believe in reform, then you need to get involved, get local and support James Diossa for Mayor of Central Falls!