2018 -- S 2490

========

LC004947

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

S E N A T E   R E S O L U T I O N

EXPELLING NICHOLAS D. KETTLE, SENATOR FOR DISTRICT 21, FROM THE RHODE

ISLAND SENATE PURSUANT TO R.I. CONSTITUTION ARTICLE VI, SECTION 7

     Introduced By: Senators Ruggerio, Algiere, McCaffrey, Goodwin, and Lynch Prata

     Date Introduced: February 15, 2018

     Referred To: Senate Judiciary

     WHEREAS, The qualified electors of Rhode Island Senate District 21 elected Nicholas

D. Kettle to the State Senate in 2010, 2012, 2014 and 2016; and Mr. Kettle is the current and duly

elected Senator for District 21; and

     WHEREAS, The Rhode Island Constitution Article IV Section 9 authorizes the General

Assembly to promulgate laws requiring candidates for elected office to report their campaign

finances; and the General Assembly authorized and empowered the Rhode Island Board of

Elections to perform any duties necessary to implement the provisions of Chapter 25 of Title 17,

including compliance audits of campaign finance reports; and

     WHEREAS, During an audit of Mr. Kettle's 2013 through 2017 campaign funds, many

violations of Rhode Island Campaign Finance law were found to exist, including, the failure to

report $15,345.70 in campaign contributions and $16,316.05 in campaign expenditures; failure to

appoint a campaign Treasurer; failure to identify cash contributors; failure to maintain proper

receipts and files; and several other violations; and

     WHEREAS, On December 7, 2017 Mr. Kettle admitted wrongdoing and consented to

fines and penalties, see Exhibit A attached hereto and incorporated by reference, totaling Six

Thousand Dollars levied against his campaign fund and him individually; and Mr. Kettle's

transgressions were widely reported in the local media; and

     WHEREAS, On January 16, 2018, the Rhode Island State Police effectuated a search

warrant at Mr. Kettle's residence, confiscating his personal computer and his cellphone; and later

that day the Rhode Island State Police confirmed that Mr. Kettle was the subject of an active

investigation; and the nature of the active investigation was widely reported to involve

surreptitious photographs taken by Mr. Kettle of a female without her consent; and

     WHEREAS, Mr. Kettle was absent from the Senate Chamber on January 16, January 17

and January 18, 2018; and during Mr. Kettle's absence the local media's coverage of the active

investigation included seeking comments from Members of the Senate Chamber and the

publishing of photographs of Mr. Kettle's empty chair during Session; and

     WHEREAS, During the week of February 5, 2018, the Rhode Island State Police

questioned Mr. Kettle on an unknown matter; and

     WHEREAS, On February 14, 2018, it was reported that the active investigation of Mr.

Kettle had expanded to include the Senate Page program, a paid internship program for students

ages fifteen to twenty-one; and Mr. Kettle's presence in the Chamber on that afternoon and at the

next day's Session again brought unwanted media coverage to the Chamber, including a local

newspaper interviewing members of the Senate Page program; and

     WHEREAS, On Friday, February 16, 2018, the Rhode Island State Police arrested Mr.

Kettle on one count of video voyeurism, see Exhibit B attached hereto and incorporated by

reference, and two counts of extortion pursuant to a Grand Jury Indictment, see Exhibit C

attached hereto and incorporated by reference; and Mr. Kettle's arrest was reported throughout the

United States, including the Associated Press, the U.S. News and World Reports and the New

York Times; and

     WHEREAS, Mr. Kettle was brought to the state prison, the Rhode Island Adult

Correctional Institutions, on Friday, February 16, 2018 and held over the weekend until his

arraignment on February 19, 2018; and

     WHEREAS, On February 19, 2018, Mr. Kettle was arraigned on two counts, alleging:

"[Kettle] did by verbal communication, maliciously threaten injury to the person or reputation of

[name of a then sixteen year old Senate Page], with the intent to compel [the minor] to do an act

against his will, to wit, engage in sexual penetration, in violation of §11-42-2 of the Rhode Island

General Laws."; and

     WHEREAS, The standard of ethical conduct by a Member of the General Assembly is

written in Article III Section 7 of the Rhode Island Constitution: "The people of the State of

Rhode Island believe that public officials and employees must adhere to the highest standards of

ethical conduct, respect the public trust and rights of all persons, be open, accountable and

responsive, avoid the appearance of impropriety and not use their position for private gain or

advantage. Such persons shall hold their positions during good behavior."; and

LC004947 - Page 2 of 3

     WHEREAS, This Senate is empowered by the Rhode Island Constitution Article VI,

Section 7 to "[D]etermine its rules of proceeding, punish contempts, punish its members for

disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second

time for the same cause"; and

     WHEREAS, Notwithstanding in the one hundred and sixty-five years since the adoption

of the Rhode Island Constitution that the General Assembly has not invoked its power to expel a

Member; and due to the pattern of bad behavior exhibited by Mr. Kettle; and due to the alleged

criminal behavior towards a minor member of the Senate Page program; and due to the repugnant

nature of the allegations of his behavior; and due to this Senate's responsibility to provide a safe

work environment to the existing members of the Senate Page program; due to the appearance of

impropriety by a Member of this Senate; and due to Mr. Kettle's failure to adhere to the highest

standards of ethical conduct; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby expels Nicholas D. Kettle, of District 21, effective immediately; and be it further

     RESOLVED, That the Secretary of the Senate is hereby ordered to remove Mr. Kettle's

name from all legislation currently before the Senate for consideration; and be it further

     RESOLVED, That the Rhode Island Public Safety Department is instructed to

immediately arrange for Nicholas D. Kettle to surrender his Senate Identification and Badge; his

building and office keys; his parking pass; and, his issued Senate license plates.

========

LC004947

========

LC004947 - Page 3 of 3

This legislation includes exhibits not available in this viewing format. Please utilize the .pdf viewing format by accessing this bill through the Rhode Island General Assembly website, www.rilegislature.gov or by following this link: S2490.pdf