Advisory Opinion 2023-48

Rhode Island Ethics Commission

Advisory Opinion No. 2023-48

Approved: December 12, 2023

Re: Gregory A. Mancini

QUESTION PRESENTED:

The Petitioner, a member of the North Kingstown Town Council, a municipal elected position, who in his private capacity is employed by BuildRI, a non-profit trade organization that promotes the union construction industry, requests an advisory opinion regarding whether the Code of Ethics permits him to participate in Town Council discussions and decision-making concerning the Town Council’s anticipated request of the General Assembly to pass legislation authorizing the Town Council to place one or more bond questions on a ballot relating to potential municipal construction projects in North Kingstown; participate in the drafting or approval of the draft of any bond question(s) that may result from that authorization; and publicly advocate in his private capacity for the passage of any or all bond questions related to those potential municipal construction projects.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the North Kingstown Town Council, a municipal elected position, who in his private capacity is employed by BuildRI, a non-profit trade organization that promotes the union construction industry, is permitted by the Code of Ethics to participate in Town Council discussions and decision-making concerning the Town Council’s anticipated request of the General Assembly to pass legislation authorizing the Town Council to place one or more bond questions on a ballot relating to potential municipal construction projects in North Kingstown; participate in the drafting or approval of the draft of any bond question(s) that may result from that authorization; and publicly advocate in his private capacity for the passage of any or all bond questions related to those potential municipal construction projects.

The Petitioner is the President of the North Kingstown Town Council (“Town Council”).  He has served continuously in that capacity since his initial election to the Town Council in 2018.  The Petitioner represents that the Town Council is expected to ask the General Assembly to pass legislation authorizing the Town Council to place one or more bond questions on a ballot that, if approved by the citizens of the Town of North Kingstown (“Town” or “North Kingstown”), could result in the construction of one or more of the following: a new Public Safety Complex, a new Recreation Center, and one or two new middle schools (or the renovation of at least one middle school).  The Petitioner further represents that, if and when the General Assembly passes the requested legislation, the Town Council would be tasked with assisting bond counsel with the drafting of the bond questions and/or approving any drafts of those bond questions for placement on the ballot.

In his private capacity, the Petitioner has been employed since 2000 as the Executive Director and General Counsel for BuildRI.  He describes BuildRI as a trade organization composed of four contractor associations and nine trade unions which promotes the union construction industry to the public and to private and public construction users.  He states that members of contractor associations and trade unions affiliated with BuildRI would likely be among those to work on construction projects in North Kingstown that were approved by the citizens of that town.

It is under this set of facts that the Petitioner seeks guidance from the Ethics Commission regarding whether he may participate in the Town Council’s anticipated request of the General Assembly to pass legislation authorizing the placement of one or more bond questions on the ballot and in the drafting or approval of the draft of those bond question(s). The Petitioner also seeks guidance regarding whether he may, in his private capacity, publicly advocate for the passage of any or all of the bond questions related to the potential municipal construction projects.[1]

Under the Code of Ethics, a public official may not participate in any matter in which he has an interest, financial or otherwise, that is in substantial conflict with the proper discharge of his duties in the public interest.  R.I. Gen. Laws § 36-14-5(a).  A substantial conflict of interest with the proper discharge of his duties exists if a public official has reason to believe or expect that he, his family member, his business associate, or any business by which he is employed or which he represents will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity.  Section 36-14-7(a).  Additionally, the Code of Ethics prohibits a public official from using his public office or confidential information received through his public office to obtain financial gain for himself, his family member, his business associate, or any business by which he is employed or which he represents.  Section 36-14-5(d). 

The Ethics Commission has previously opined that a public official was not prohibited from participating in discussions and decision-making concerning construction projects in which there would be no direct financial impact upon himself or any family member, his business associate, or his employer.  See, eg., A.O. 2011-1 (opining that a member of the Block Island Housing Board could participate in general Housing Board discussions and voting concerning construction projects which would not directly financially impact his business associate). Contra A.O. 2007-24 (opining that the Chair of the Cranston School Committee was required to continue to recuse from participating and voting on matters which came before the School Committee where it was reasonably foreseeable that his private employer, the New England Laborers’ Union, would be financially impacted by such matters).

The Ethics Commission has also previously opined that the Code of Ethics did not prohibit a public official from participating in activities in a private capacity relating to local issues of public interest.  For example, in Advisory Opinion 2022-8, a member of the Bristol Zoning Board was not prohibited from, among other things, co-signing letters in her private capacity to the Planning Board and Town Council relative to a redevelopment in town, or from writing letters in her private capacity as a Bristol resident and business owner to the editor of the local newspaper regarding that redevelopment.  See also A.O. 2008-1(opining that a member of the Johnston Board of Canvassers was not prohibited in his private capacity as a citizen from participating in political fundraising, soliciting political party memberships, making political contributions, or writing letters to the editor and editorials concerning political issues).

In the instant matter, neither the Petitioner’s participation in the Town Council’s request of the General Assembly to pass legislation authorizing the Town Council to place one or more questions on a ballot, nor the Petitioner’s participation in the drafting or approval of the draft of any ballot question(s) that may result, would directly financially impact BuildRI, his employer.  Accordingly, it is the opinion of the Ethics Commission that the Petitioner is not prohibited by the Code of Ethics from participating in those activities.  Regarding the Petitioner’s other inquiry, it is the opinion of the Ethics Commission that the Code of Ethics does not prohibit him from advocating in his private capacity for the passage of any or all of bond questions related to the potential construction projects that are the subject of this advisory opinion.

This Advisory Opinion is strictly limited to the facts stated herein and relates only to the application of the Rhode Island Code of Ethics.  Under the Code of Ethics, advisory opinions are based on the representations made by, or on behalf of, a public official or employee and are not adversarial or investigative proceedings.  Finally, this Commission offers no opinion on the effect that any other statute, regulation, ordinance, constitutional provision, charter provision, or canon of professional ethics may have on this situation. 

Code Citations:          

§ 36-14-5(a)   

§ 36-14-5(d)   

§ 36-14-7(a)

Related Advisory Opinions:              

A.O. 2022-8   

A.O. 2011-1

A.O. 2008-1

A.O. 2007-24

Keywords:      

Conflict of Interest    

Financial Interest       

Private Employment  

[1] In his letter to the Ethics Commission requesting this advisory opinion, the Petitioner also asked whether the Code of Ethics would permit him to participate in Town Council discussions and decision-making relative to the award of any construction contracts resulting from the approval of a particular ballot question by North Kingstown voters, and whether he could participate in the approval of bond expenditures related to those contracts.  The Ethics Commission deems both of those questions to be hypothetical at this time and, thus, not yet ripe for analysis.  The Petitioner is encouraged to seek guidance on these matters if and when the subject bond questions are eventually placed on a ballot and approved by the citizens of North Kingstown.