2012 -- H 7095

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LC00129

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Representatives Marcello, Valencia, Hearn, Hull, and Bennett

     Date Introduced: January 11, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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     CHAPTER 9.4

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PUBLIC CORRUPTION AND WHITE COLLAR CRIME UNIT

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     42-9.4-1. Legislative Findings. – The general assembly finds and declares that:

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     (1) Government integrity is the backbone of efficient and effective state and municipal

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governments.

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     (2) Abuse of public trust erodes the public’s confidence in public servants, as well as,

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undermines the ability of government to work toward the public good.

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     (3) Recent and historical cases of the abuse of public trust has had a negative impact on

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the operation of state and municipal government and the state’s economy.

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     (4) All citizens of Rhode Island have the right to open, honest and ethical government.

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     (5) The public needs an advocate to ensure that the policy goals and laws established to

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protect Rhode Islanders from abuse of the public trust are enforced.

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     (6) In order to provide a safeguard against abuses of the public trust by public servants,

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the general assembly finds it necessary to establish a public corruption and white collar crime unit

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within the department of attorney general.

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     42-9.4-2. Definitions. – As used in this chapter the following words shall have the

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following meetings:

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     (1) “Public servant” means:

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     (i) Any full-time or part-time employee(s) in the classified, non-classified and

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unclassified service of the state or of any city or town within the state, any individuals serving in

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any appointed state and municipal position, any employee(s) of any public or quasi-public state or

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municipal board, commission or corporation, and any contractual employee of the state or of any

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city or town within the state;

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     (ii) Any officer or member of a state or municipal agency as defined in section 36-14-

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2(8) who is appointed for a term of office specified by the constitution or a statute of this state or

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a charter or ordinance of any city or town or who is appointed by or through the governing body

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or highest official of state or municipal government; or

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     (iii) Any person holding any elective public office pursuant to a general or special

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election.

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     (2) “Abuse of the public trust” means any conduct, criminal or unethical in nature, that

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deprives the citizens of the state of Rhode Island and its municipalities of a government that

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operates in furtherance of the public interest.

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     42-9.4-3. Establishment. – There shall be established within the department of attorney

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general a public corruption and white collar crime unit. The unit shall consist of at least an

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assistant or special assistant attorney general designated by the attorney general. The unit is

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authorized to perform the following duties as the attorney general may direct, including, but not

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limited to:

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     (1) Investigate potential cases of abuse of the public trust in accordance with the Rhode

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Island general laws;

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     (2) Prosecute cases of abuse of the public trust in accordance with the Rhode Island

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general laws;

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     (3) Cooperate with the United States Attorney’s Office, the Federal Bureau of

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Investigation, the Rhode Island State Police and the Rhode Island Ethics Commission on

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investigations and prosecutions related to the abuse of the public trust and/or;

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     (4) Establish a whistleblower hotline for reports of potential violations regarding abuse of

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the public trust.

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     42-9.4-4. Whistleblower protections. – (a) Prohibition against discrimination. No

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person may discharge, demote, threaten or otherwise discriminate against any person or employee

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with respect to compensation, terms, conditions or privileges of employment as a reprisal because

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the person or employee, or any person acting pursuant to the request of the employee, provided or

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attempted to provide information to the attorney general or his or her designee or other law

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enforcement entities regarding possible violations of the Rhode Island general laws by public

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servants.

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     (b) Enforcement. Any person or employee or former employee who believes that he or

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she has been discharged or discriminated against in violation of subsection 42-9.4-4(a) may file a

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civil action within three (3) years of the date of discharge or discrimination.

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     (c) Remedies. If the court determines that a violation has occurred, the court may order

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the person who committed the violation to:

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     (1) Reinstate the employee to the employer’s former position;

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     (2) Pay compensatory damages, costs of litigation and attorneys’ fees; and/or

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     (3) Take other appropriate actions to remedy any past discrimination.

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     (d) Limitation. The protections of this section shall not apply to any person or employee

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who:

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     (1) Deliberately causes or participates in the alleged violation of law or regulation; or

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     (2) Knowingly or recklessly provides substantially false information to the attorney

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general or his or her designees.

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     42-9.4-5. No derogation of attorney general. – (a) No provision of this chapter shall

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derogate from the common law or statutory authority of the attorney general nor shall any

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provision be construed as a limitation on the common law or statutory authority of the attorney

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general.

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     42-9.4-6. Severability. – If any provision or part of this chapter or the application thereof

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to any person or circumstance is held invalid, the invalidity shall not affect other provisions or

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applications of the section which can be given effect without the invalid provision or application,

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and to this end the provisions or parts of this section are severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00129

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would codify the public corruption and white collar crime unit within the

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department of attorney general.

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     This act would take effect upon passage.

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LC00129

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