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Rhode Island news

Carcieri, Fogarty focus on ethics

The governor announces a plan to strengthen the state's Ethics Code, while his opponent, Lt. Gov. Charles J. Fogarty, says he wonders why Carcieri waited so long.

01:00 AM EDT on Thursday, September 21, 2006

BY ELIZABETH GUDRAIS
Journal State House Bureau

PROVIDENCE -- In state politics yesterday, ethics was the word of the day. Both gubernatorial candidates called news conferences on the topic; the state Democratic Party underscored the theme by filing an ethics complaint against Governor Carcieri.

Carcieri began it all by announcing Tuesday he would unveil a plan to beef up the state Ethics Code. By the time his news conference began yesterday afternoon, his opponent, Lt. Gov. Charles J. Fogarty, had scheduled an event to remind the media of his own record regarding ethics, and state Democrats had filed a complaint with the Ethics Commission accusing Carcieri of soliciting campaign contributions illegally from state employees. Still, Carcieri stuck to his script, redirecting attention to his ethics proposal when reporters asked about the complaint.

The plan's most salient feature, perhaps, is that it doesn't require the legislature's cooperation. The governor says the Ethics Commission can implement it by adopting regulations, a process that's not subject to legislative approval. "We can't afford to wait for the General Assembly to take up this task, and we can't count on them to pass serious reform," he said.

Carcieri recounted how he proposed creating a "Select Commission on Public Integrity" in 2004 but the Assembly chose not to finance it. In a dueling news conference that started just after Carcieri's ended, Fogarty accused Carcieri of dropping the ball, and wondered why the governor waited until three months before the end of his first term to formulate this plan. After lawmakers rejected one idea, Carcieri "raised the white flag and walked away," Fogarty said.

Here's what Carcieri proposes now:

Requiring public officials to name clients that pay them or their firms. Carcieri's examples: lawyers, consultants and insurance brokers, who aren't required to reveal clients' identities unless they are self-employed and doing business with a state or municipal agency.

Requiring public officials to disclose employment or contract relationships with any entities that receive state financing.

Prohibiting lawmakers from voting on bills that affect a business or industry that provides income for them. Currently, nothing prevents a lawmaker who practices criminal law from voting on a bill to change the criminal code, Carcieri noted.

Redefining "conflict of interest." Carcieri said the current definition, which relies on an official experiencing a direct financial gain or loss, is "unnecessarily limited."

Gubernatorial spokesman Jeff Neal said staffers from the governor's office sat down with the commission Tuesday to brief them on what the governor would be presenting, but there's no guarantee the commission will act on the proposal.

Ethics Commission Chairman James Lynch Sr. did not attend the news conference, even though the announcement sent out beforehand said he would be there. Neal said Lynch was invited and "did indicate that he was likely to attend," but called yesterday morning to say he wouldn't be able to make it. Lynch did not return a phone message yesterday.

Jason Gramitt, senior staff attorney for the Ethics Commission, confirmed that the commission received a letter from Carcieri outlining his ideas.

Gramitt could not, however, confirm whether the commission received the complaint over Carcieri's fundraising practices. (The commission has three days to decide whether it will investigate any complaint it receives.)

The complaint, provided to The Journal by state Democratic Party Chairman William J. Lynch, says Carcieri sent fundraising letters to two executive-branch employees: Albert Nani, a human-resources analyst in the state Department of Administration, and Robert J. Moniz, a supervising electrical inspector in the Department of Transportation. The Ethics Code bars officials from soliciting political contributions from subordinates.

The complaint notes that in Nani's case, the mailing went to a state office building, and was forwarded to Nani's home "at state expense" because Nani was on leave while serving active duty with the National Guard.

"It doesn't matter where you mail it," said William Lynch, who is no relation to James Lynch. "The law says you can't solicit an employee or someone you supervise. In this case it was particularly sloppy because they mailed it right to the place of employment, but that's not the violation."

Carcieri's campaign manager, Kenneth K. McKay IV, said he had not seen the Democrats' complaint, but did not dispute that mailings went to Nani and Moniz. "It was an accident," McKay said. "It was a mistake. I accept responsibility and I apologize for it."

McKay said the mailing list was prepared by a Vermont-based fundraising consultant, Darcie Johnston, from a "commercially prepared list." He said the campaign never meant to solicit state employees, and certainly did not do so systematically.

McKay called the complaint a "campaign stunt" timed intentionally for the day Carcieri announced his ethics proposal. William Lynch said it was a coincidence. "I actually prepared it two or three days ago, and didn't even know the governor had this planned," Lynch said. "But to be honest with you, I'm kind of glad it came out that way."

egudrais@projo.com / (401) 277-7045

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