Gov. Dan McKee’s former adviser Mike Magee has again escaped formal sanctions for helping steer a multimillion-dollar state education contract to his friend’s firm in 2021.
Rhode Island Secretary of State Gregg Amore’s office determined there was “insufficient probable cause” that Magee broke state lobbying laws for his involvement in steering a $5.2 million contract to ILO Group while acting as McKee’s adviser, according to a Sept. 18 letter from Stacy DiCola, a spokesperson for Amore’s office. A copy was obtained by Rhode Island Current.
The conclusion of a nine-month investigation follows a complaint filed by Common Cause Rhode Island last December, alleging that Magee should have registered as a lobbyist for influencing what was supposed to be a competitive state solicitation. The complaint noted Magee’s role in crafting the bidding language to give a leg up to ILO, a newly created firm led by his former colleague, Julia Rafal-Baer. Magee and Rafal-Baer previously worked together at a separate education consulting firm, Chiefs for Change.
The state ultimately cut short the ILO contract halfway through its one-year term, paying ILO $1.8 million
A yearslong investigation by the Rhode Island State Police and the Rhode Island Office of the Attorney General cleared McKee, Magee and Rafal-Baer of criminal charges in October 2024. Investigators found there was not enough proof to prosecute, though Attorney General Peter Neronha denounced McKee for his “hamhandedness” in the affair.
The criminal investigation’s end — and the trove of documents unleashed for public viewing — prompted new questions over state ethics, lobbying and bid-rigging rules, including the allegations from Common Cause that Magee broke state lobbying laws — an offense which, if proven, is punishable by a $5,000 fine.
Yet Magee, who left McKee’s transition team in 2021 and now serves as president for Minerva University in San Francisco, was exempt from state lobbying registration rules, DiCola wrote.
The 2016 state law governing what qualifies as lobbying activity, and who must register with the state, offers 11 exemptions, including for people who serve on a governmental advisory committee or task force, and for people who respond to a state request for information. Magee met both of those exemptions, DiCola wrote, having served on McKee’s transition team during his ascension to the governor’s seat, and later, as an informal, volunteer adviser and supporter.
“The weight of the evidence established that Mr. Magee was a trusted advisor to Mayor McKee, Lt. Governor McKee, and Governor McKee,” DiCola wrote, citing conclusions by State Police and the AG’s office in their dual investigation. “He has never lost that advisor status at any point in time.”
Even if he had, his email correspondence shows he was involved in a state procurement – exempting him under the second listed criteria in state law, DiCola wrote.
John Marion, executive director for Common Cause Rhode Island, disagreed.
“I think the secretary’s investigation didn’t read the statute correctly,” Marion said in an interview Monday, noting that he was heavily involved in crafting the 2016 law that reformed state lobbying activity.
Marion pointed out that Magee’s interference with the state contract extended beyond the length of his role as an adviser to the governor.
As for the exemption regarding requests for information, Magee’s involvement was not in an official capacity, but rather “lobbying behind the scenes,” Marion said.
“When we put in the exception for responding to requests for information, we meant submitting through state purchasing, in response to an official RFI,” Marion said. “We didn’t mean a colloquial request for information that could come from anybody through any channel.”
Marion said the conclusion by Amore’s office suggests the state law needs clarification, and plans to file a petition asking for regulation updates. He was unsure when Common Cause would be ready to submit its request, but hoped to get the changes made before the next set of state general officeholders take their seats following the 2026 elections.
“Transition committees are a real gray area in our state law,” Marion said. “Unlike at the federal level or other states, no laws specifically address transition committees in Rhode Island. There’s an opportunity for a lot of influence that isn’t really tracked.”
Magee, who was also sent a letter with the Secretary of State’s decision on Sept. 18, did not immediately respond to inquiries for comment on Monday.
Christina Freundlich, a spokesperson for McKee’s reelection campaign, called the controversy “resolved.”
“Any efforts to revive it are a distraction,” Freundlich said in an email Monday. “The governor remains focused on delivering for Rhode Island and standing firm against any attacks from Washington Republicans.”
A separate rule change to state ethics laws governing gifts from lobbyists remains under consideration by the Rhode Island Ethics Commission, following a Sept. 9 public hearing. Also prompted by the fallout from the ILO investigation: a new law passed by the Rhode Island General Assembly on the final day of the 2025 session, explicitly banning public officials and administrators from bid-rigging.
This story was originally published by the Rhode Island Current.
