520-RICR-00-00-4
520-RICR-00-00-4. Financial Disclosure (version Technical Revision, 05/25/2018 to 01/04/2022)
4.1 Information Voluntarily
Supplied (1029)
A. A public official or
employee who is not required to file a financial disclosure statement
pursuant to the Code of Ethics may voluntarily choose to file such
statement, or any other document otherwise required, with the
Commission. The Commission shall accept such documents which shall
be treated in the same manner as documents received from persons
required to submit them.
B. A person subject to the
Code of Ethics may choose to submit information in excess of that
which is required under the Code. Such information shall be treated
in the same manner as information required to be filed. The
Commission will not, however, accept any document in lieu of
appropriately completed forms.
4.2 Continuing Duty to File a
Financial Statement After Leaving Office (36-14-16004)
When a public official who is
required to file a financial disclosure statement leaves office, such
official shall have a continuing duty to file a timely financial
statement covering the last calendar year during any part of which
the office was held, unless the official's tenure expired prior to
the end of January in the particular year.
4.3 Commission Mailings
(36-14-16001)
The time periods for the
mailing of financial statement forms by the Commission to an
individual under this section shall be extended in the event the
Commission has not received official written notice of the
individual's appointment or eligibility until the Commission receives
such notice.
4.4 Occupational Income
(36-14-17001)
The name and address of any
employer from which the public official, his or her spouse or
dependent child, (individually or collectively) received one thousand
dollars ($1,000) or more gross income must be listed. If
self-employed, any occupation or profession from which the public
official his or her spouse, or dependent child (individually or
collectively) received one thousand dollars ($1,000) or more gross
income. If the employer is a state or municipal agency or if
self-employed and services for in excess of two hundred and fifty
dollars ($250) were rendered to a state or municipal agency, the
period of employment or dates services were rendered and the specific
nature of the services must be listed.
4.5 Executive Positions
(36-14-17002)
The name and address of any
business as defined in R.I. Gen. Laws § 36-14-2(2) which the public
official, his or her spouse or dependent child is a director,
officer, partner, trustee, or holds a supervisory management position
must be listed.
4.6 Real Estate Interest
(36-14-17003)
A financial interest in real
estate shall include direct as well as indirect ownership through a
trust or other entity, mortgages, options to buy, sell, or lease for
a long term, and other interests in real estate, held individually or
collectively by persons under R.I. Gen. Laws § 36-14-17(a).
4.7 Trust Income (36-14-17004)
Disclosure of income as
beneficiary of a trust shall include identification of the particular
trustee, and asset or assets which generated such income.
4.8 Business Positions
(36-14-17005)
Membership in a business
entity necessitating disclosure shall include status as a member of a
board of directors, officer, partner, trustee, or the holding of any
other similar executive position in a business.
4.9 Doing Business with a State or
Municipal Agency (36-14-17006)
Transactions reportable under
R.I. Gen. Laws § 36-14-17(b)(1) shall include any transaction or
transactions which together exceed two hundred fifty dollars ($250)
at any time during the calendar year.
4.10 Business Interest
(36-14-17007)
Disclosure of business
interest under R.I. Gen. Laws § 36-14-17(b)(1) shall include an
ownership interest of ten percent (10%) or greater, or a cash value
interest amounting to five thousand dollars ($5,000) or greater,
individually or collectively relating to all persons under R.I. Gen.
Laws § 36-14-17(a), at any time during the calendar year.
4.11 Leadership Positions with
Not-For-Profit Organizations (36-14-17008)
The financial statement
required to be filed pursuant to R.I. Gen. Laws § 36-14-16 shall
include, in addition to any other requirements, a list of all boards
of directors, trustees or equivalent fiduciary positions of which the
person is a member, and all executive officer positions which the
public official holds, in any not-for-profit organization. This
disclosure shall include a listing of each entity or organization,
its address and the position held.
4.12 Out-of-State Travel
(36-14-17009)
A. Any public official or
employee who is required to file a yearly financial statement
pursuant to R.I. Gen. Laws § 36-14-16(a) shall disclose the source,
value and description of any out-of-state travel and related
transportation, lodging, meals and entertainment having an aggregate
fair market value or actual cost greater than two hundred fifty
dollars ($250) provided by any person or entity, other than the state
or municipal agency of which he or she is a member or by which he or
she is employed or his or her regular private employer, if under the
totality of the circumstances it is more likely than not that the
person or entity would not have provided the travel but for the
official’s or employee’s public office or position.
B. Circumstances indicating
that the person or entity would not have provided the travel but for
the official's or employee's public office or position may include,
but are not limited to, one or more of the following:
1. The official or employee
became acquainted with the provider through his or her public agency;
2. The official or employee
was offered the out-of-state travel and related transportation,
lodging, meals and entertainment through a communication sent to or
through the public official's or employee's agency;
3. Other officials or
employees in the same agency are offered, or have been offered,
out-of-state travel and related transportation, lodging, meals and
entertainment from the provider;
4. The official's or
employee's counterparts in other public agencies or jurisdictions
have been offered similar out-of-state travel and related
transportation, lodging, meals and entertainment by the provider;
5. The provider is affiliated
with any "interested person," as defined by § 1.4.2 of
this Subchapter, or has allowed an interested person to underwrite
expenses associated with the out-of-state travel and related
transportation, lodging, meals and entertainment;
6. The provider is an entity
whose membership is limited to, or is largely comprised of, public
officials;
7. The official or employee
had not received out-of-state travel and related transportation,
lodging, meals and entertainment from the provider prior to attaining
his or her public office or employment;
8. If the out-of-state travel
and related transportation, lodging, meals and entertainment involves
attendance at an event, any written references by the provider or
affiliated persons relative to the public official's or employee's
attendance or participation refer to his or her public office, duties
or agency.
9. If the travel involves a
conference or seminar, the subject matter of the conference or
seminar directly pertains to the public official's or employee's
official duties.