15 January 2022
Chairperson Marisa Quinn
Rhode Island Ethics Commission
40 Fountain Street
Providence, RI 02903
Dear Chairperson Quinn:
I hope this message finds you well. I will admit right up front this is not the standard request for an ethics inquiry. Much like everything else, COVID-19 requires we alter past practices on occasion.
Senate President Ruggerio is covered by Rhode Island Ethics laws because he is a member of the Rhode Island Senate. As such, he is subject to the provisions of Rhode Island General Laws Sections 34-15-5(g) and 34-15-5(i) regarding gifts. Because his actions are covered by the ethics laws, he is also not allowed to “create gifts” that violate those sections of the General Laws.
However, that is exactly what he did on the first day of the session this year. He enforced an interpretation of the word “present” that he later violated during the same session. He decided that those attending the meeting by Zoom were not to be considered present, even though they may have had family members who were compromised, and therefore could not vote on Veto override bills.
Forgetting for a moment how ludicrous this is based on current conditions, let us stick to the law. Later in the session, he allowed the same folks the opportunity, whether they used it or not, to engage in voice votes and make motions. By every reading of the rules that exist, you cannot engage in making motions and/or voice votes unless you are by definition “present”. You cannot allow the leader of a Legislative body to apply one set of rules when it is convenient for him and another set when it is not.
The provision against veto overrides creates a “gift” in two directions. For those that were there to vote, possibly bringing COVID home to their loved ones, their votes became “more valuable” since fewer members could vote. That means they had a greater chance of winning. That winning could later become part of campaign messaging.
The second group that achieved a benefit, we have to leave them unnamed at this time since they have not announced themselves yet, would be any future candidate planning to run against the 7 members of the Senate who were barred from voting on the Veto overrides. They can now use these non votes as indications that the 7 members that barred themselves by trying to protect their families, even though they were “present” for other actions, neglected their responsibilities. That is another “fact” that could show up in messaging during the campaigns that only exists because the Senate President applied an ancient set of rules with no meaning during the pandemic which he later chose not to enforce during the same session.
It should be noted that the “value” of the messaging needs to be established. Therefore, the Rhode Island Board of Elections will be asked in a parallel inquiry to determine the value of the rules manipulation the Senate President engaged in both from a “my vote that day was worth more” and a “I have messaging now I would not have had” standpoint.
An Open Meetings Act complaint is also being drafted because if it was “acceptable” for the Senate President to bar some from the overrides for not being “present”, their later actions via voice votes and motions are not legal. More than likely, the entire manufactured mess should not have been tolerated in the first place.
Much like the day he stole condoms, too cheap to pay for them I guess, in order to sleep with a state employee who was not his wife, the Senate President has embarrassed the State of Rhode Island. Imagine standing up in a room full of folks on ventilators suffering from COVID and announcing, “I care about you so much, I gave Senators a choice. They could vote or they could possibly create other people like you.”
All of that will take up much time, effort, and public resources. Therefore, in an attempt to avoid all that, I am going to post this letter on my Blog. I will then, by phone, ask the Senate President to consider a motion to Reconsider so the 7 members can make their votes known on the 2 Override issues considered that day. It should be noted that if he follows through on the Motion to Reconsider, the outcomes will not change.
Everyone is allowed to make a mistake in judgment. If they choose not to correct it, then they can be held accountable. Therefore, if you receive this letter it means he has not decided to correct the error and I would like you to consider this communication as an “ethics complaint”.
I am sorry that mis-reactions to a pandemic have made any of this necessary. If we had folks who would just get vaccinated combined with a Senate President not interested in gaming the system like a spoiled 7 year old, all of this could have been avoided. As citizens, we can only hope that the Ethics Commissions takes COVID into consideration each and every time a decision is made.
Thank you for your time and consideration. If you have any questions, please do not hesitate to contact me.
In Hoc Signo,
Robert T. Oliveira
401-391-6402
Warwick, RI
Quahogs United 