UPDATED: Save The Bay Files Complaint Against Raimondo on CRMC Appointees

GoLocalProv News Team

UPDATED: Save The Bay Files Complaint Against Raimondo on CRMC Appointees

Jonathan Stone
Save The Bay filed a complaint in Superior Court asking for a declaratory judgment that clarifies the number of members the governor has the authority to appoint to the Coastal Resources Management Council and the required qualifications of those members.

“We sought information from the governor’s office and reviewed the appointing papers of the members of the Council. The governor’s office was unable to provide us with evidence that the Council includes members who were elected or appointed officials at the time of their appointment or that the majority of members represent coastal communities. It is our understanding that the governor’s office is retroactively working toward securing appointed positions for some members of the Council, which may technically meet the requirement of the law but circumvents its intent. It also appears that the governor may have exceeded her authority by appointing more than the eight allowable by law,” said Save The Bay Executive Director Jonathan Stone.

“In 2004, an amendment was made to the Rhode Island Constitution prohibiting legislators and their appointees from serving on boards and commissions, including CRMC. Since that time, CRMC’s membership laws have not been altered by the legislature to reflect this mandate, and we welcome guidance from the courts in addressing this issue," said Raimondo's office in a statement to GoLocalProv. 

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The Complaint

According to the Save The Bay complaint, “The issue before this court is one of statutory interpretation, a pure question of law. The declaration sought by Save The Bay in this Petition would terminate the confusion over the appointment authority of the governor and provide certainty with respect to the number of Council members and their qualifications.”

Save The Bay says that prior to the separation of powers amendment, the makeup of the Council was clear, but that post-separation of powers, the composition of the Council is unclear.

“While Save The Bay has serious concerns about the current structure of the agency, we are today seeking clarity about the makeup of the Council and the number and qualifications of the governor’s appointments to ensure that Rhode Island’s coastal communities and coastal users are properly represented, as was clearly the intention of the law," said Stone. 

RI Law

Rhode Island law says that the Council shall consist of 16 members—eight appointed by the governor, including the director of the Department of Environmental Management, and eight appointed by the legislature.

The law further says that half of the Council members shall be elected or appointed officials at the time of their appointment to the Council and the majority of members shall represent coastal communities.

In 2008, the R.I. Supreme Court determined that under the “so-called separation of powers amendment,” the legislature could not appoint members or serve on the Council. However, the General Assembly did not amend the law to change the membership of the Council or the appointing authority. 

The Council currently consists of 10 members appointed by the governor, including the director of the Department of Environmental Management.


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