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Commission explains advisory opinions, complaint process and publication rules
Summary
Staff explained that advisory opinions are binding only for the petitioner, issued after a commission vote on specific facts; complaints must be sworn and named, are civil, may carry fines up to $25,000, and advisory opinions and request letters are public records under APRA.
The trainer defined an advisory opinion as "a legal interpretation of the code of ethics" that is issued by the commission after a vote and provides guidance specific to the petitioner's facts. She stressed advisory opinions are prospective and not issued for hypotheticals: "The ethics commission does not issue advisory opinions on a hypothetical situation... the advisory opinions very much turn on the specific facts supporting your question."
On complaints, the trainer said anyone may file but complaints must be signed under oath, name the respondent and identify the public office and alleged acts; complaints are civil, not criminal, and penalties can include fines up to $25,000 depending on the violation. She also noted that advisory opinions and the request letters that lead to them are public records under the Rhode Island Access to Public Records Act.
