§ 36-14-14. Removal powers of the commission.
(a) The commission is hereby empowered to remove from office any state or municipal elected official or any state or municipal appointed official not subject to impeachment in accordance with the provisions of subsections (b) through (d) of this section.
(b) Any state or municipal elected official and any state or municipal appointed official not subject to impeachment may be removed from office if:
(1) The commission has found, after an adjudicative hearing conducted in accordance with § 36-14-13, that the official has been guilty of a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d), or 36-14-5(g); and
(2) The commission determines that the violation was committed by the violator either with (i) fraudulent intent to secure the unjust enrichment of him or herself or another person or (ii) malicious intent to inflict pecuniary or other substantial injury upon another person.
(c) If it determines that such a violation has been committed, it shall conduct a hearing at which the executive director of the commission or his or her designee and the respondent or his or her counsel shall be permitted to pursue additional evidence and arguments relevant to (i) the presence or absence of the specific intent required by subsection (b)(2) of this section as a prerequisite to removal of an official from office, and (ii) the presence or absence of aggravating or mitigating circumstances of which the commission should be aware in rendering its final decision.
(d) The removal power conferred by this section may be exercised only by the affirmative vote of two-thirds (⅔) of the membership of the commission eligible to participate, but in no case fewer than five (5) affirmative votes.
History of Section.P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 436, § 1.
Structure Rhode Island General Laws
Title 36 - Public Officers and Employees
Chapter 36-14 - Code of Ethics
Section 36-14-1. - Declaration of policy.
Section 36-14-2. - Definitions.
Section 36-14-3. - Code of ethics.
Section 36-14-4. - Persons subject to the code of ethics.
Section 36-14-5. - Prohibited activities.
Section 36-14-6. - Statement of conflict of interest.
Section 36-14-7. - Interest in conflict with discharge of duties.
Section 36-14-9. - Administrative powers of the commission.
Section 36-14-10. - Educational powers of the commission.
Section 36-14-10.1. - Continuing ethics education.
Section 36-14-11. - Advisory powers of the commission.
Section 36-14-12. - Investigative powers of the commission.
Section 36-14-13. - Adjudicative powers of the commission.
Section 36-14-14. - Removal powers of the commission.
Section 36-14-15. - Judicial review.
Section 36-14-16. - Financial statement to be filed.
Section 36-14-17. - Content of financial statement.
Section 36-14-18. - Disclosure of regulated business interests.
Section 36-14-19. - Penalties.