2015 -- S 0597

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LC001007

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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, Archambault, Conley, Lombardo, and Algiere

     Date Introduced: March 03, 2015

     Referred To: Senate Judiciary

     (Attorney General)

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 the public trust erodes the public's confidence in public servants, as well as,

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

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     (3) Recent and historical cases of the abuse of public trust have 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:

 

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     (1) "Public servant" means:

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

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

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

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

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within the state;

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

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

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

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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 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; 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

 

LC001007 - Page 2 of 4

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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, employee or former employee that believes that he or she

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has been discharged or discriminated against in violation of subsection (a) of this section may file

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a civil action within three (3) years of the date of the 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 employee'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. – 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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     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

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

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     This act would take effect upon passage.

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