3 November 2019
Chairman Ross E. Cheit
State of Rhode Island Ethics Commission
40 Fountain Street, 8th Floor
Providence, RI 02903
Dear Chairman Cheit:
I hope this message finds you well. I have not written to the Ethics Commission since at least 2011. I understand you have done a great job advocating for the role the Commission plays in public affairs as well as maintaining the Commission’s reputation.
When I was last in Rhode Island in 2012, there was a movement to keep people from having multiple roles in government. It was especially important to make sure that people were not representing different “branches” at the same time. As I return in 2019, this effort seems to have ceased.
I have an ethical process question regarding Mr. James Lombardi III Esq., CPA. Let me begin by suggesting I do not know of anything he has done of a spurious nature. The question I am going to ask has nothing to do with his qualifications for any particular job. I am not suggesting he has hidden anything from the public. Everything I have heard about him is that he is a fine and honorable man.
Having said that, based on the jobs he holds, how can that continue to be true?? He is the Treasurer for the City of Providence where he also has a role advising the City Council. He is not only also a member of the North Smithfield School Committee, he is the Chair. Lastly, he was recently appointed as the Chair of the Wyatt Detention Facility.
How can he serve all 3 and not constantly be in conflict since all 3 positions give him access to knowledge normally protected by some sort of privilege?? For instance, let us imagine hypothetically that Providence plans on applying for a grant regarding their school system. The grant by its nature is competitive. North Smithfield is competing for the same grant in this hypothetical situation. Mr. Lomardi would be one of the few people outside of the organization funding and awarding the grant who would have seen both grant applications. Therefore, he could compare and contrast both applications thereby giving one municipality an advantage over the other.
“Oh C’mon Bobby, Jimmy isn’t like that, he wouldn’t use knowledge from one community to screw another.” you might retort. However, isn’t that also a problem?? He took an Oath to serve the North Smithfield School Committee. If he does not use the information garnered from his other 2 jobs to advance schools in North Smithfield, isn’t he violating that Oath??
Because of the status of the Wyatt Detention Facility, other questions could arise during state budgeting time. When he talks to a member of the House or Senate Finance Committees, which all 3 roles will require him to do at some point, who exactly is he representing and how does he make that known in any given instance?? Does he carry 3 badges around and rotate them??
The question then becomes a simple one. Do I have to submit a number of FOIAs, wait for the results to come back, and look for where this intersection of responsibilities might have “injured” someone before I file a complaint?? Or can the Rhode Island Ethics Commission look at this on its face and ask him to make a simple choice??
I am not looking to have Mr. Lombardi censured or fined since this does not look like a ploy to enhance his own bank account. Quite frankly, he is not responsible for this exercise in bad government. You cannot blame him for wanting to serve. Rather, I just want him to pick one.
If you have any questions, please do not hesitate to give me a call. Thank you for your time and consideration.
Sincerely,
Robert T. Oliveira
35-864-1229
Quahogs United 