Section 520-RICR-00-00-1.2 - Recusal1.2.1Additional Circumstances Warranting Recusal ( 36-14-5002)A. A person subject to this Code of Ethics must also recuse himself or herself from participation in accordance with R.I. Gen. Laws § 36-14-6 when any of the following circumstances arises: 1. Any person within his or her family, or a household member, appears or presents evidence or arguments before his or her state or municipal agency.2. His or her business associate or employer appears or presents evidence or arguments before his or her state or municipal agency.3. His or her business associate, employer, household member or any person within his or her family authorizes another person, on his or her behalf, to appear or to present evidence or arguments before his or her state or municipal agency.B. A person subject to this Code of Ethics is not required to recuse himself or herself pursuant to this or any other provision of the Code when: 1. The person's business associate, employer, household member or any person within his or her family is before the person's state or municipal agency, solely in an official capacity as a duly authorized member or employee of another state or municipal agency, to participate in non-adversarial information sharing or coordination of activities between the two agencies, provided that the business associate, employer, household member or person within his or her family is not otherwise a party or participant, and has no personal financial interest, in the matter under discussion.2. The person's business associate, employer, household member or any person within his or her family is before the person's state or municipal agency during a period when public comment is allowed, to offer comment on a matter of general public interest, provided that all other members of the public have an equal opportunity to comment, and further provided that the business associate, employer, household member or person within his or her family is not otherwise a party or participant, and has no personal financial interest, in the matter under discussion.1.2.2Limitations on Recusal ( 36-14-5003)The notice and recusal provisions of R.I. Gen. Laws §§ 36-14-5(e)(l) and 36-14-5(f) shall not be interpreted so as to permit a person subject to this chapter to make use of such provisions on a regular basis. If such actions occur with such frequency as to give the appearance of impropriety, the person subject to this chapter may be deemed to have violated the provisions of this chapter, unless such actions are necessitated by circumstances beyond the control of such person and are the only legal course of action available to such person in order to protect a vested property interest.
1.2.3Public Forum Exceptions ( 36-14-7003)No violation of this Chapter or regulations shall result by virtue of any person publicly expressing his or her own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual or his or her spouse or dependent child.
1.2.4Officers of Public Agencies ( 36-14-7004)Notwithstanding any other provision of the Code of Ethics, it shall not be a violation of this chapter for an appointed or elected member of a state or municipal agency to participate in a vote of the agency during an open meeting to elect him/herself to a position of officer of that agency, provided that if such position carries with it any form of compensation, reimbursement or stipend that is greater than that provided to non-officer members, such additional compensation, reimbursement or stipend must either have been in effect at the time of the vote pursuant to a valid provision of constitution, statute, regulation, charter or ordinance, or be waived.
520 R.I. Code R. 520-RICR-00-00-1.2