2014 -- S 2669

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LC004294

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PUBLIC CORRUPTION AND

WHITE COLLAR CRIME UNIT

     Introduced By: Senators Lombardi, DiPalma, Jabour, Cote, and Conley

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

CHAPTER 9.4

PUBLIC CORRUPTION AND WHITE COLLAR CRIME UNIT

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

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

governments.

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

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

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

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

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

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

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

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

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

within the department of attorney general.

     42-9.4-2. Definitions. – As used in this chapter:

     (1) "Public servant" means:

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

service of the state or of any city or town within the state, any individual serving in any appointed

state or municipal position, any employee of any public or quasi-public state or municipal board,

commission or corporation, and any contractual employee of the state or of any city or town

within the state;

     (ii) Any officer or member of a state or municipal agency as defined in § 36-14-2(8) who

is appointed for a term of office specified by the constitution or a statute of this state or a charter

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

official of state or municipal government; or

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

election.

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

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

operates in furtherance of the public interest.

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

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

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

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

limited to:

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

Island general laws;

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

general laws;

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

Investigation, the Rhode Island state police and the Rhode Island ethics commission on

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

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

the public trust.

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

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

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

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

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

servants.

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

has been discharged or discriminated against in violation of § 42-9.4-4(a) or § 28-50-3 shall be

entitled to all of the remedies available pursuant to §§ 28-50-4 and 28-50-5

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

the person who committed the violation to:

     (1) Reinstate the employee to the employee's former position;

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

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

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

who:

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

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

general or his or her designees.

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

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

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

general.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PUBLIC CORRUPTION AND

WHITE COLLAR CRIME UNIT

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

department of the attorney general for the purpose of prosecuting breaches of the public trust.

     This act would take effect upon passage.

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