• Home
  • :
  • :
  • Member Center
  • :
  • Make This Your Home Page

Contributors

Comments | Recommended

Arthur Barton: R.I. Constitution winks at corruption?

08:01 AM EDT on Wednesday, June 20, 2007

ARTHUR BARTON

OPERATION CLEAN Government believes deeply, as do the people of Rhode Island, in the values expressed in our state constitution — that “public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage.”

Moreover, Operation Clean Government will vigorously defend the constitutional mandate requiring an independent Ethics Commission with constitutional power to establish a code of ethics that regulates “conflicts of interest, confidential information, use of position, contracts with government agencies and financial disclosure,” and with constitutional power “to investigate violations of the code of ethics and to impose penalties” on public officials who violate the code.

Senate President Joseph Montalbano has proven that he does not believe in any of these constitutional principles.

Operation Clean Government filed a complaint against Senate President Montalbano, claiming that he surreptitiously received money from the Town of West Warwick to clear title of land in the footprint of the proposed Harrah’s casino while he was voting for legislation supporting that proposed casino.

Operation Clean Government believes that Mr. Montalbano had a conflict of interest because he voted on legislation that benefited his private law practice. Of equal importance, Mr. Montalbano hid the conflict of interest from the public and from the Ethics Commission by failing to disclose his income from the Town of West Warwick on his annual financial statement.

Mr. Montalbano has presented his defense to the Ethics Commission. He has asked the commission to dismiss the complaint on the grounds that under the speech-and-debate clause of the Rhode Island Constitution, he is free to vote corruptly — or, more precisely, the Senate president claims that he cannot be questioned, investigated or punished for voting for a bill that will result in a personal monetary gain. His defense is that his vote on bills in the Senate, even if for personal monetary gain, cannot be questioned by the Ethics Commission.

Operation Clean Government understands that the members of the General Assembly must have the right to speak about and debate legislation. Unlike the Senate president, we also know that this right stops well short of permitting a member of the General Assembly to use his vote for his personal enrichment or to carry out a bribe.

The Senate president’s twisted view of the values underlying our constitution create the inevitable result: His argument is frivolous, perverse and utterly devoid of merit.

Regarding his failure, under oath, to disclose his source of income, Mr. Montalbano has publicly stated that this error was inadvertent. Operation Clean Government believes that it is up to the Ethics Commission to determine whether this failure to report was error, willful non-disclosure, or perjury.

Operation Clean Government believes strongly that someone else, some elected representative, ought to speak out and tell Mr. Montalbano that our constitution requires members of the General Assembly to act ethically and without conflict of interest.

There must be at least one state senator who views the Senate as an institution meant to serve the public good, and who understands that this institution will not be respected if it is used as a tool for private gain. Some state senator must view his or her position as one that is a sacred trust with the citizens of Rhode Island. Some state senator must want the Senate to be and to appear to be free of corruption.

But Operation Clean Government has not heard or read of one state senator of either party who is outraged by the Senate president’s unwarranted defense against the ethics complaint filed against him.

Mr. Montalbano apparently believes to the victor go the spoils. Join my Senate, he says in his brief, and rake in the rewards of having a vote in this chamber. And the good news, according to Mr. Montalbano, is that no one can do anything about it.

The Senate president’s brief is a guide to selling a vote in the General Assembly and avoiding prosecution.

Mr. Montalbano, in essence, argues that his conflicts of interest are not the business of the Ethics Commission and not the business of the public. In a perverse way, he seems to be saying it is only the business of the Senate president. Operation Clean Government believes that he is simply wrong.

Mr. Montalbano must be answered.

Operation Clean Government is waiting for a courageous elected official of either party, in either house, to stand up and be counted as opposing Mr. Montalbano’s vision for the Rhode Island legislature.

As for the Rhode Island Ethics Commission and the courts, Operation Clean Government predicts that these institutions will read what our state constitution says about the importance of ethical government in Rhode Island, and they will not countenance the Senate president’s offensive defense.

Arthur “Chuck” Barton is president of Operation Clean Government.

Advertisement

Reader Reaction