The bill (2010-H 7357) would ask voters to approve a change to the state constitution that would allow an exception for the Ethics Commission in the speech in debate clause that shields lawmakers from prosecution or civil suits based on their actions as a legislator, such as proposing a bill or voting on a bill.
If approved by voters at the polls this November, the change would reverse a Supreme Court decision this summer that that declared that the speech in debate clause conflicts with the section of the state constitution that established the Ethics Commission in 1986, and gave precedence to the former.
Leader Fox said he submitted the bill because he believes its clear that the intent of voters when they approved the creation of the Ethics Commission was to give the commission power over all government officials in the state, without an exception for legislators.
There was never any discussion in 1986 about leaving the General Assembly out of the Ethics Commissions jurisdiction. Nobody intended to exempt us. Unfortunately, according to the court, thats exactly what our constitution says, said Leader Fox (D-Dist. 4, Providence). This legislation will allow voters to reaffirm that they mean for the Ethics Commission to have the same jurisdiction over members of the legislature that they have over all other public officials, and Im confident that theyll approve it and set the record straight.
Common Cause and Operation Clean Government were both pivotal in crafting the bill, and both organizations are supporting it.
Common Cause is very pleased that Majority Leader Fox has agreed to sponsor our legislation restoring the General Assembly to the full jurisdiction of the Ethics Commission. In 2004 Common Cause worked closely with Leader Fox to strengthen lobbying disclosure laws, and we are happy to again be partnering with him on another important piece of ethics legislation, said Common Cause Executive Director John Marion. It is our hope that, with his leadership, the General Assembly will pass this legislation, putting on the ballot this November the question whether legislators should have partial immunity from the states ethics laws.
Larry Valencia, President of Operation Clean Government, said Operation Clean Government is very pleased that Leader Fox is sponsoring House resolution H 7357 and we are grateful to the other House sponsors, Representatives Fierro, Hearn, Marcello and Walsh. I also want to thank John Marion and Common Cause Rhode Island for their hard work, cooperation, and support, and we are confident that Leader Fox can shepherd H 7357 through the House so that ultimately Rhode Island voters can approve this important constitutional remedy.
If approved by voters, the change would not fully repeal the speech in debate clause, which is intended to protect legislators from being harassed or stopped from doing their jobs as legislators by frivolous lawsuits and complaints. It would allow the Ethics Commission an exception in that clause so it would have the power to prosecute ethical violations by lawmakers. Prior to the decision in June, the Ethics Commission had always operated under the assumption that it had that authority.
Leader Fox, as well as the leaders of Common Cause and Operation Clean Government, said they believe the loophole discovered by the Supreme Court this summer was merely an oversight by the 1986 Constitutional Convention, which proposed the legislation that created the Ethics Commission.
This ballot question would ensure that the constitutional amendment that voters approved in 1986 creating the Ethics Commission remains in full force, and that the commission is able to do its job effectively, ensuring good government for the people of our state, said Leader Fox. Restoring this authority is to the advantage of the public and to the General Assembly, because it will help increase public confidence in government.
The legislation is cosponsored by Representatives Chris Fierro (D-Dist. 51, Woonsocket), Rep. Joy Hearn (D-Dist. 66, Barrington, East Providence), Rep. Michael J. Marcello (D-Dist. 41, Scituate, Cranston), Rep. Donna M. Walsh (D-Dist. 36, Charlestown, New Shoreham, South Kingstown, Westerly) and Douglas W. Gablinske (D-Dist. 68, Bristol, Warren) and others. It has been referred to the House Judiciary Committee.