PROVIDENCE – Despite years of combined service in the legal field, at its inaugural meeting Thursday the three-member R.I. Cannabis Control Commission was treated to a broad overview of state ethics law.
The commission, which includes Gov. Daniel J. McKee’s former deputy chief of staff, Kimberly Ahern; Cranston attorney Layi Oduyingbo; and Robert Jacquard, Cranston attorney, retired sergeant of the Cranston Police Department and former state representative, is now charged with crafting new regulations and running oversight of the cannabis industry, including the approval of 24 new retail licenses allowable under the Rhode Island Cannabis Act passed in May 2022.
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Lynne M. Radiches, a staff attorney with the R.I. Ethics Commission, presented the cannabis commission with the ins and outs of the Rhode Island ethics code, which spells out in the state constitution regulations to be followed by elected and appointed officials and agency appointees.
The presentation, which covered everything from conflicts of interest to financial reporting, included a PowerPoint slideshow accompanied by the occasional cartoon graphic.
“We ask that you focus on your actions,” Radiches told the panel. “Not the results.”
The ethics commission is charged with parsing out questions regarding propriety of government official action, often acting in an advisory capacity. But the commission also has adjudicative and investigative authority.
Despite state law mandating a nine-member panel, Radiches said the commission currently has six members and is awaiting appointment of three more.
“It’s always better to have more brains at the table,” she said.
The ethics code regulates when a state official must recuse themselves from pending votes, which should take place even with the “appearance” of conflicts, said Radiches, adding that the commission keeps track of both the number and reasons for recusals.
“Conflicts of interest and nepotism [are] pretty much the bread and butter of the ethics commission,” she said.
There are also regulations regarding the dissemination of confidential information gained during public duties. And Radiches broached the prohibitions against the acceptance of gifts from “interested parties” with any direct financial interest, which she called “a popular topic at the ethics commission.”
The state ethics code prohibits state officials from accepting any gifts worth in excess of $25, or $75 from the same party within one year.
However, certain public bodies, such as local city councils or boards, may have stricter requirements, such as “zero tolerance” gift policies, at which point the local rules take precedence over the state code.
“You must follow your own organization’s policy,” she said, adding that if a local policy is looser than the state code, then state code takes primacy.
Lastly, Radiches went over the “revolving door” policy, which prevents officials from conducting business with a panel on which they served for one year after commencing service.
This “cooling off period” is meant to prevent officials from exploiting or taking advantage of contacts and special knowledge gained from their service, Radiches said.
In brief comments after the meeting, Ahern said the commission plans on holding public listening sessions throughout the summer, both in-person and online, similar to the public meetings held by its Massachusetts counterpart.
“We want to get out there and go around the state,” she said. “We really want to hear from folks that want to talk to us.”
Ahern vowed a transparent process moving forward and said the commission will “regulate this industry in a manner that is safe, transparent and equitable.”
As of Thursday, the next meeting of the cannabis commission had not been scheduled.
Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com.
