Ethics Leaders Call for PawSox to be Fined for Failing to Register as Lobbyists

Kate Nagle, GoLocal Contributor

Ethics Leaders Call for PawSox to be Fined for Failing to Register as Lobbyists

State ethics leaders are claiming that the new Pawtucket Red Sow ownership group should have registered already as lobbyists in the City of Providence, following a GoLocal investigation that showed the new ownership group and its representatives have repeatedly reached out to city officials, but have not yet registered in the city.  

See GoLocal Investigation HERE

"Can any serious person doubt that the late Jim Skeffington and now Larry Lucchino were seeking "to influence a municipal decision" with this proposal?" quipped former Common Cause Rhode Island Executive Director Phil West of the letter of the language of the Providence lobbying ordinance. 

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The ownership group has registered its lobbyists with the State of Rhode Island -- despite no legislative proposal currently put forth -- but have not done so in Providence, the proposed location of the new stadium for the Pawtucket Red Sox. 

"The Providence lobbying ordinance makes clear that if you are being paid to influence a municipal decision, you should be registering and reporting to the City. The PawSox ownership group, which has hired one of the highest earning lobbyists in the state in Bob Goldberg, clearly has the resources to fill out the forms, and they should," said John Marion, the current Executive Director of Common Cause, a "nonpartisan, statewide organization working towards open, ethical, accountable, and effective government processes." "The residents of Providence deserve to know how much is being spent to sway their City Council and Mayor."

"Even though the initial proposal was not well received, it made a concrete ask of the City for a tax treaty," continued Marion of the PawSox owners proposal presented in April, that was immediately dismissed by Governor Gina Raimondo. "The PawSox should have registered when that proposal was made, if only out an abundance of caution."

PBC Associates, the organization representing the the new PawSox ownership group, registered three lobbyists -- Larry Lucchino, the late James Skeffington, and lawyer Bob Goldberg -- with the state effective January 1, 2015.  Lobbying reports show that Goldberg was paid $40,000 for the General Assembly session, despite no legislative proposal put forth. 

"We have made no request of the City. When/if we do, we will register," said Baseball RI spokeswoman Patti Doyle of why the group has not registered in Providence. 

Former Executive Director Calls for Fines

"There's no question in my mind that the owners should have registered as lobbyists with the City Clerk. I'm kicking myself for not checking when they first announced. No one should take for granted that lawyers and businesspeople will pay attention to the law. In fact, the City Clerk should move to impose the $250 per day fine specified in the ordinance," said West, who recently penned a historical look at scandal and graft in Rhode Island entitled "Secrets and Scandals: Reforming Rhode Island, 1986-2006."

West noted the language of the statute that provides for enforcement of the statute when registration has not occurred -- and the penalties that can be levied. 

Sec. 2-270. - Duties and powers of the city clerk.

The city clerk shall have the authority to perform any duties that are necessary to implement the provisions of this article. Without limiting the generality of the foregoing, the city clerk shall:

(1) Designate forms for the making of the required lobby reports.

(2) Develop a register for all lobbyists

(3) Adopt rules and regulations to carry out the purposes of this article.

(4) Post lobbyist registration instructions, and rules and regulations pertaining to this article on the city website, and have the same available in printed form in the city clerk's office.

(5) Notify city officials and, through the city website, members of the public, of the online access to the lobbyists' register and reporting forms.

(6) Where information has been received through observation by or written complaint to the city clerk to indicate that any person, corporation, association, or lobbyist has failed to register or file reports or has filed an incomplete or inaccurate report, the city clerk may, for good cause shown, extend the dates upon which reports are required to be filed or require the person, corporation, association, or lobbyist to correct any incomplete or inaccurate report, as the case may be. Upon a failure of the lobbyist to show good cause, the city clerk, with such assistance as he or she may request from the city solicitor, investigate said complaints and act in accordance with section 2-271 hereof.

Sec. 2-271. - Administrative penalty for violations

Any person, corporation, association, or lobbyist who is found to have violated any provision of this article may be subject to administrative penalties imposed by the municipal integrity officer as the circumstances may merit upon notice and opportunity to be heard before the municipal integrity officer.Said penalties include the imposition of a fine not to exceed two hundred fifty dollars ($250.00) per violation and each day of violation shall constitute a new violation of this article. Any violator who has been issued a fine may appeal said fine within twenty (20) days to the Providence Municipal Court.

West further addressed the letter of the language. 

"Technically, the ordinance says: 'Lobbying means seeking to influence a municipal decision as an appointed and compensated representative of another.' The definition of 'lobbyist' also includes the same detail: 'Lobbyist means any person who seeks to influence a municipal decision as an appointed and compensated representative of another,' said West.  "The PawSox owners may argue that since they were not paying someone else to lobby for them, they did not need to register."

"I would answer that once the owners named one of their number to lead the charge, they were 'appointing' under the ordinance. Nor can there can be any question that all of them expected to make money from the deal, so their chosen spokesperson would clearly be 'compensated' under law," said West.  "And if those lobbying dynamics were not clear enough, I noticed that one of the travelers to Durham today is Bob Goldberg, one of the highest paid lobbyists in Rhode Island. Maybe he has not lobbied any city officials."

"Something good could come of this," said West. "I hope everyone in Providence City Hall will think of others who may have tried to influence municipal decisions without registering as lobbyists. The true test will be whether today's brouhaha over the PawSox owners will increase compliance with this vitally important ordinance."


Pawsox Stadium Timeline

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