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A List Of Ethics Violations Against The Rhode Island Ethics Commission
View The Members Of The Rhode Island Ethics Commission
The Commission's Criteria For Complaints Practically Negates The Purpose Of The Commission. Consider the following rulings:
In March of 1999, the state Ethics Commission cleared Chief Family Court Judge Jeremiah S. Jeremiah, Jr. of alleged ethics violations involving his office building. The commission found insufficient evidence that Jeremiah "knowingly and willfully" violated the state Code of Ethics by helping obtain a $56,000.00 grant for a group that used some of it to pay him rent.
The commission also concluded that Jeremiah did not violate the code by signing court orders in two divorce cases in which parties were represented by another tenant of the judge. "The statute requires that in order for there to be a valid complaint, there has to be probable cause that someone willfully and knowingly committed the violation." Melvin L. Zurier, the vice-chairman of the commission said later, "The evidence does not show that."
DeRobbio said, "the commission relied on the same standard it used last year when it threw out ethics charges against former Central Falls Mayor Thomas Lazieh." Lazieh had been accused of improperly awarding himself $17,000.00 in vacation pay before leaving office in 1996. The commission ruled that Lazieh did indeed draft a policy in his last year in office that allowed him to receive the money. But the commissioners said he was not "knowingly and willfully" seeking personal gain when he wrote the policy, and thus hadn’t violated conflict-of-interest laws.
Since no one can absolutely testify to the inner workings of someone's else's mind, it appears the only way one can be found guilty of ethics violations in Rhode Island is if the guilty party is willing to admit they knowingly and willfully committed a wrong. An example is the complaint from Donna Parris dealing with Judge Jeremiah and former Central Falls Mayor Thomas Lazieh.
All Hell Breaks Loose When The Commission Gets 3 Complaints On Its Members and House Speaker John Harwood
The determination of the Rhode Island power structure to keep the Ethics Commission from operating as an independent body by making it a lackey of the General Assembly in this complaint is astounding. "...this commission needs people that are not as ethically challenged as the present members are... Robert Arruda from OCG
The Boston Lawyer Daniel Small hired by the Commission to investigate conflict-of-interest charges against 3 of its members was fired after the RI Supreme Court said Small could not subpoena a member [Goldberg] and may not practice law in Rhode Island. Justices Leaderberg and Bourcier were sympathetic with the Goldberg faction. There has been an obvious affiliation among the two of them and Justice Goldberg ever since her elevation to the Supreme Court. The courts action makes proper action on the complaints impossible given the 300 day limit mandated.
| Justice Flanders dissented. He has become increasingly isolated from his fellow jurists on issues vital to the public interest, such as the separation of powers; the decision to refuse crime victims the right to recover damages for violations of the Victims Bill of Rights; and the recent controversy over former Traffic Court Judge John Lallo's fine of $28, 000 for absenting himself from the bench to gamble at Foxwoods Casino. Read Judge Flanders dissent on this opinion. |
Small was hired after Commission Director Healey couldn't find a Rhode Island lawyer willing to investigate the ethics complaints. Initially Chief Justice Williams gave the Commission an informed opinion that it could hire Atty. Small. Small was replaced with William C. Maaia, a general practitioner, who was hired without looking at his resume and against recommendations of the Exec. Dir. Martin F. Healey. Maaia himself stated, "Even Ken Starr couldn't come in with less than 50 days and conduct an investigation," and that, "whoever finished the investigation wouldn't have enough time to do much more investigating."
The Commission fired Healey after Supreme Court Justice Williams published his personal opinions titled "Ethics flap is Mr. Healey's Fault" in the Providence Journal and to each member of the Commission. The non-attorney dissenters asked for due process in vain while Williams and Governor Almond welcomed Healey's firing. Williams then doffed his judicial robes to press his case at least 3 times on various radio programs. Williams actions give new meaning to the term "bully pulpit."
"Shame on the Commission for voting to fire Martin Healey.....Healey can leave with pride in a job well done. It's probably the best thing for him, but a great loss to the Citizens of Rhode Island." -- Margaret Matheson
The Commission dropped 2 of the complaints and eventually dropped the complaint against Harwood without giving a reason. 5 of the 9 members [Kirby, Main, Monti-Markowski, Murray and Zurier] said they have conflicts of interest and recused themselves. 2 other members [Goldberg and Flanagan] are hanging back until lawyers decide if they have conflicts. Goldberg is the brother-in-law of Supreme Court Justice Maureen McKenna Goldberg and the brother of former Sen. Robert Goldberg a top state house lobbyist and law partner. Robert Goldberg used to be Senate minority leader and an ally of former Democratic Senate Majority Leader John Bevilacqua. It was Goldberg that brought Atty. Small's challenge to the RI Supreme Court. Goldberg also shot back with ethics complaints against Atty. Small and the Ethics Commission's Director Martin Healey. All talks of recusal were held behind closed doors. Clearly the Commission has become so entwined with the political establishment that it is supposed to oversee that it has become ineffective and investigations are in effect blocked by the power structure.
Goldberg [appointed by John Harwood], Main and, in part, Zurier participated in a hideous decision to derail government reform last spring by repealing bans on gifts to legislatures according to Bob Kerr of the Providence Journal. The Commission struck down the rule and replaced it with one that allows lobbyists to give legislators up to $450 a year in gifts which, according to Justice Weisberger was "undoubtedly too loose."
| "The Consequences of such a rule strain credulity, when one considers how much money over the course of only one year can be distributed to not just legislators, but to any public official, from police chief to town council member through the state. Politicians, especially the leadership within the General Assembly, could reap thousands of dollars in blandishments every year without fear of punishment or blame" - Stephanie Rivera |
Until a new Executive Director of the Commission is found to replace the fired Martin Healey, Chief Justices Williams and Weisberger approached Kent A. Willever to fill in. Later the 3 members being investigated asked the Attorney General's Office to pay their fees.
The Grand Finale
A RI state Supreme Court ruling frees public officials who are lawyers from state ethics rules -- and allows the Ethics Commission to drop a case against John Harwood. See the Grand Finale page!
Governor Almond "stacks" The Ethics Commission
Almond appointed a string of politically connected lawyers to the commission rejecting a number of highly qualified lay persons with extensive ethics experience.
The Ethics Commission Blows It Again Big Time
Read how they looked the other way regarding wrongdoing of Attorney General Patrick Lynch
