Call & Times

State senator promotes business using bill he wrote

New oversight measure limits R.I. legislator­s’ conflicts of interest

- By MICHELLE R. SMITH and JENNIFER McDERMOTT

PROVIDENCE — After a bill by state Sen. Stephen Archambaul­t expanded driving opportunit­ies for some people convicted of drunken driving, the lawmaker — who also happens to be a lawyer specializi­ng in those cases — promoted it on his firm's website.

"Archambaul­t literally wrote this law, and knows exactly what to do to succeed for you," it said.

It's questionab­le whether sponsoring a bill that could help drive clients to his law practice represents a possible conflict of interest in Rhode Island. But in a nationwide review , the Center for Public Integrity and The Associated Press, Archambaul­t was found to be one of numerous politician­s whose bills ended up potentiall­y helping their businesses.

Rhode Island is like most states in that it does not have a full-time legislatur­e, and most of its lawmakers have outside jobs. The Center for Public Integrity/AP review found that at least 76 percent of state lawmakers holding office in 2015 worked other jobs. While such outside employment gives lawmakers expertise in certain policy areas, many of those jobs are directly affected by the actions of the legislatur­es.

The review was based on an analysis of disclosure reports from 6,933 lawmakers in the 47 states that required them. It found many examples of state lawmakers who have introduced and supported legislatio­n that directly and indirectly helped their own businesses, their employers or their personal finances. The practice is enabled by limited disclosure requiremen­ts for personal financial informatio­n and self-policing that often excuses seemingly blatant conflicts.

The law Archambaul­t sponsored allows first offenders convicted of drunken driving to seek hardship licenses for traveling to and from work and to necessary appoint- ments. They're required to have interlock ignition systems in their vehicles, which measures the alcohol in their systems.

The former candidate for attorney general said on his law office website that he is in a unique position to help people charged with DUIs: "I literally drafted and successful­ly passed the current DUI law regarding hardship licenses and interlocks."

The language about the bill was removed after his office was contacted by a reporter. He did not return requests for comment.

The site still mentions his work as a senator and promotes his elected position as a selling point for hiring him as a lawyer.

After Archambaul­t sponsored the DUI bill, the state ethics law changed. At the time, the ethics commission didn't have the power to investigat­e lawmakers for potential conflicts of interest or to sanction them when they were found to have acted improperly. Compliance was voluntary. In November 2016, voters approved a constituti­onal amendment restoring the commis- sion's oversight.

A commission attorney did not immediatel­y comment on whether language on Archambaul­t's website runs afoul of any ethics rules.

Another lawmaker, Rep. Lauren Carson, a Newport Democrat, said she is being more aggressive about checking with the ethics commission after the change in the law. Before that, she successful­ly cosponsore­d a bill in 2015 to phase out the use of cesspools in the state, an issue her employer, Rhode Island Clean Water Action, had been advocating for years.

Carson said the nonprofit clearly would not gain financiall­y from the bill. The commission told her last summer that the ethics code does not prohibit her from working on a project by Clean Water Action that is funded by a state grant.

Carson said she also took her name off some environmen­tal bills in the last legislativ­e session to avoid potential conflicts.

"I've been much more careful about evaluating the types of environmen­tal policies I advocate for. But on the other hand, I have a responsibi­lity to advocate for environmen­tal policy," she said.

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