§ 41-9.1-4 - State lottery division – Members, employees, agents – Powers and duties.
SECTION 41-9.1-4
§ 41-9.1-4 State lottery division –Members, employees, agents – Powers and duties. – (a) In addition to its powers and duties set forth in chapter 61 of title 42,the state lottery division shall have the powers and duties specified withinthis chapter and all other powers necessary and proper to fully and effectivelyexecute and administer the provisions of this chapter for its purpose oflicensing, regulating and enforcing the system of casino gaming.
(b) By January 31st of each year, each member of the statelottery division shall prepare and file with the office of the state lotterydivision, a member disclosure form in which the member does all of thefollowing:
(1) Affirms that the member or the member's spouse, parent,child, or child's spouse is not a member of the board of directors, orfinancially interested in, or employed by a licensee or applicant.
(2) Affirms that the member continues to meet any othercriteria for state lottery division membership under this chapter or the rulespromulgated by the state lottery division.
(3) Discloses any other information as may be required toensure that the integrity of the state lottery division and its work ismaintained.
(c) By January 31st of each year, each employee of the statelottery division shall prepare and file with the office of the state lotterydivision an employee disclosure form in which the employee does all of thefollowing:
(1) Affirms the absence of financial interests prohibited bythis chapter.
(2) Discloses any legal or beneficial interests in any realproperty that is or that may be directly or indirectly involved with gaming orgaming operations authorized by this chapter.
(3) Discloses whether the employee or the employee's spouse,parent, child, or child's spouse is financially interested in or employed bylicensee or applicant.
(4) Discloses such other matters as may be required to ensurethat the integrity of the state lottery division and its work is maintained.
(d) A member, employee, or agent of the state lotterydivision who becomes aware that the member, employee or agent of the statelottery division or his or her spouse, parent, or child is a member of theboard of directors; or financially interested in, or employed by, a licensee oran applicant shall immediately provide detailed written notice thereon to thechairperson.
(e) A member, employee or agent of the state lottery divisionwho has been indicted, charged with, convicted of, pled guilty or nolocontendere to or forfeited bail concerning a misdemeanor or felony involvinggaming, dishonesty, theft, or fraud in this state or any state or of the UnitedStates shall immediately provide detailed written notice of the conviction orcharge to the chairperson.
(f) Any member, employee, or agent of the state lotterydivision who is negotiating for, or acquires by any means any interest in anyperson who is a licensee or an applicant, or any person affiliated with such aperson, shall immediately provide written notice of the details of the interestto the chairperson. The member, employee, or agent of the state lotterydivision shall not act on behalf of the state lottery division with respect tothat person.
(g) A member, employee, or agent of the state lotterydivision may not enter into any negotiations for employment with any person oraffiliate of any person who is a licensee or an applicant, and shallimmediately provide written notice of the details of any such negotiations ordiscussions to the chairperson. The member, employee, or agent of the statelottery division shall not take any action on behalf of the state lotterydivision with respect to that person.
(h) Any member, employee, or agent of the state lotterydivision who receives an invitation, written or oral, to initiate a discussionconcerning employment or the possibility of employment with a person oraffiliate of a person who is a licensee or an applicant shall immediatelyreport that he or she received the invitation to the chairperson. The member,employee, or agent of the state lottery division shall not take action onbehalf of the state lottery division with respect to the person.
(i) A licensee or applicant shall not knowingly initiate anegotiation for or discussion of employment with a member, employee, or agentof the state lottery division. A licensee or applicant who initiates anegotiation or discussion about employment shall immediately provide writtennotice of the details of the negotiation or discussion to the chairperson assoon as he or she becomes aware that the negotiation or discussion has beeninitiated with a member, employee, or agent of the state lottery division.
(j) A member, employee, or agent of the state lotterydivision, or former member, employee, or agent of the state lottery division,shall not disseminate or otherwise disclose any material or information in thepossession of the state lottery division that the state lottery divisionconsiders confidential unless specifically authorized to do so by thechairperson of the state lottery division.
(k) A member, employee or agent of the state lottery divisionshall not engage in any conduct that constitutes a conflict of interest andshall immediately advise the chairperson, in writing, of the details of anyincident or circumstances that would present the existence of a conflict ofinterest with respect to the performance of the state lottery division -relatedwork or duty of the member, employee, or agent of the state lottery division.
(l) A member, employee, or agent of the state lotterydivision who is approached and offered a bribe shall immediately providewritten account of the details of the incident to the chairperson and to a lawenforcement officer of a law enforcement agency having jurisdiction.
(m) A member, employee, or agent of the state lotterydivision shall disclose his or her past involvement with any casino interest inthe past five (5) years.
(n) A member, employee, or agent of the state lotterydivision or a parent, spouse, sibling, spouse of a sibling, child, or spouse ofa child of a member, employee, or agent of the state lottery division may notaccept, other than that which they may be able to receive as a legislator incompliance with campaign contribution, disclosure and other rules, regulationsand general laws in existence, any gift, gratuity, compensation, travel,lodging, or anything of value, directly or indirectly, from any licensee or anyapplicant or affiliate or representative of an applicant or licensee. Anymember, employee, or agent of the state lottery division who is offered orreceives any gift, gratuity, compensation, travel, lodging, or anything ofvalue, directly or indirectly, from any licensee or any applicant or affiliateor representative of an applicant or licensee shall immediately provide writtennotification of the details to the chairperson.
(o) A licensee or applicant, or affiliate or representativeof an applicant or licensee, may not, directly or indirectly, give or offer togive any gift, gratuity, compensation, travel, lodging, or anything of value toany member, employee, or agent of the state lottery division which the member,employee, or agent of the state lottery division is prohibited from acceptingunder subsection (j).
(p) Except as follows, no member, employee, or agent of thestate lottery division may participate in or wager on any gambling gameconducted by any licensee or applicant or any affiliate of an applicant orlicensee in Rhode Island or in any other jurisdiction. A member, employee, oragent of the state lottery division may participate in and wager on a gamblinggame conducted by a licensee under this chapter, to the extent authorized bythe chairperson or board of the state lottery division as part of the person'ssurveillance, security, or other official duties for the state lottery division.
(q) A former member, employee or agent of the state lotterydivision may appear before the state lottery division as a fact witness aboutmatters or actions handled by the member, employee, or agent during his or hertenure as a member, employee, or agent of the state lottery division. Themember, employee, or agent of the state lottery division shall not receivecompensation for such an appearance other than standard witness fee forreimbursement for travel expenses as established by statute or court rule.
(r) A new or current employee or agent of the state lotterydivision shall obtain written permission from the executive director beforecontinuing outside employment held at the time the employee begins to work forthe state lottery division. Permission shall be denied, or permissionpreviously granted will be revoked, if the nature of the work is considered toor does create a possible conflict of interest or otherwise interferes with theduties of the employee or agent for the state lottery division.
(s) An employee or agent of the state lottery divisiongranted permission for outside employment shall not conduct any business orperform any activities, including solicitation, related to outside employmenton premises used by the state lottery division or during the employee's workinghours for the state lottery division.
(t) Whenever the chairperson, as an employee of the statelottery division, is required to file disclosure forms or report, in writing,the details of any incident or circumstance pursuant to this section, he or sheshall make such filings or written reports to the state lottery division.
(u) The chairperson shall report any action he or she hastaken or contemplates taking under this section with respect to an employee oragent or former employee or former agent to the state lottery division at thenext meeting of the state lottery division. The state lottery division maydirect the executive director to take additional or different action.
(v) Violation of this section by a licensee or applicant, oraffiliate of a licensee or applicant, may result in denial of the applicationof licensure or revocation or suspension of license or other disciplinaryaction by the state lottery division.
(w) Violation of this section by a member of the statelottery division may result in disqualification or constitute cause for removalpursuant to the provisions of this chapter or other disciplinary action asdetermined by the state lottery division.
(x) A violation of this section by an employee or agent ofthe state lottery division will not result in termination of employment if thestate lottery division determines that the conduct involved does not violatethe purpose of this chapter. However, employment will be terminated as follows:
(1) If, after being offered employment or beginningemployment with the state lottery division, the employee or agent intentionallyacquires a financial interest in a licensee or an applicant, or affiliate of alicensee or applicant, employment with the state lottery division shall beterminated.
(2) If a financial interest in a licensee or an applicant, oraffiliate of a licensee or applicant, is acquired by an employee or agent thathas been offered employment with the state lottery division, an employee of thestate lottery division, or the employee's or agent's spouse, parent, or child,through no intentional action of the employee or agent, the individual shallhave up to thirty (30) days to divest or terminate the financial interest.Employment may be terminated if the interest has not been divested after thirty(30) days.
(3) Employment shall be terminated if the employee or agentis a spouse, parent, child, or spouse of a child of a state lottery divisionmember.
(y) Violation of this section does not create a civil causeof action.
(z) As used in this section, "Outside employment" includes,but is not limited to, the following:
(1) Operation of a proprietorship.
(2) Participation in a partnership or group businessenterprise.
(3) Performance as a director or corporate officer of anyfor-profit corporation or banking or credit institution.