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Lynch files formal ethics charge against Carcieri regarding nepotism violation, Asks whether it's proper to appoint a new member to the Ethics Commission while it investigates alleged impropriety

PAWTUCKET- Rhode Island Democratic Party Chairman Bill Lynch filed a formal complaint with the Rhode Island Ethics Commission today over the governor's 2002 hiring of a niece who continues to earn more than $52,000 annually working in Carcieri's State House office.

In May, the governor recognized the likely conflict and announced he would seek an "advisory opinion" on the matter. But Lynch says the Ethics Commission can only issue advisory opinions when a person subject to the ethics code seeks a ruling on a potential conflict prior to committing the act, which in this case, would be the hiring of his niece. The only other way the Ethics Commission can issue a binding decision is after a complaint is filed.

Earlier today the commission voted to acknowledge receipt of a letter from the governor asking for an interpretation of the code of ethics but was procedurally bound from issuing a definitive ruling.

"We need to hear from the Ethics Commission on this matter, and since no binding opinion can be offered after the fact, I am filing a formal complaint today and I believe the commission will agree that Governor Carcieri violated the spirit if not the letter of the ethics law when he hired his niece to join the executive staff," Lynch said.

"The ethics laws are in place to prevent elected officials from doing exactly what the governor has done - handing out taxpayer-funded positions as a reward for campaign work, and that's why I'm asking to have this issue properly investigated and adjudicated," Lynch continued.

Lynch also questioned whether it was appropriate for the governor to replace a member of the commission with his own appointment at a time when he was supposedly seeking an opinion from the ethics board. On Saturday, The Providence Journal reported that Carcieri had recently appointed Edward A. Magro - an unsuccessful Republican candidate for the State Senate - to replace the current chairman. The chairman had continued to serve on the commission even though his term expired two years ago. Commission appointments do not require Senate confirmation.

"I find the governor's timing suspicious. He was in no great rush to remove the former chairman for nearly two years and now, as more questions are raised about the governor's ethical judgment, he conveniently finds Mr. Magro, who just happens to be another failed GOP candidate," Lynch said.

"If the governor was really serious about getting an honest and complete opinion from the ethics commission, shouldn't he have waited until the nepotism issue was settled before making a new appointment?" Lynch questioned.

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