Advisory Opinion No. 2011-15

Re: Christopher W. Stanley

QUESTION PRESENTED

The Petitioner, a member and Vice-President of the Warren Town Council, a municipal elected position, requests an advisory opinion regarding: (1) whether the Code of Ethics prohibits him from participating in matters relating to the re-appointment of John M. Jannitto to the Bristol County Water Authority, given that the Petitioner and Mr. Jannitto are both volunteer members of the Central Fire Company; and (2) whether the Code of Ethics prohibits him from participating in discussions and voting on line items the Warren budget that relate to the Warren Fire Department, given that he is a member of Central Fire Company.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member and Vice-President of the Warren Town Council, a municipal elected position: (1) is not prohibited by the Code of Ethics from participating in matters relating to the re-appointment of John M. Jannitto to the Bristol County Water Authority, notwithstanding the fact that the Petitioner and Mr. Jannitto are both volunteer members of the Central Fire Company; and (2) is not prohibited by the Code of Ethics from participating in and voting on line items in the Warren budget that relate to the Warren Fire Department, notwithstanding the fact that he is a member of Central Fire Company.

The Petitioner is a member and Vice-President of the Warren Town Council (“Town Council”). He states that he was elected to his current term in November of 2008. He represents that the Town Council appoints three of the nine directors to the Bristol County Water Authority (“BCWA”), a separate governmental agency providing water to the Towns of Barrington, Bristol, and Warren. The Petitioner represents that he does not receive any services from the BCWA because he has a private well at his personal residence.

The Petitioner also advises that he is a member and volunteer firefighter with the Central Fire Company (“CFC”). He informs that the CFC is a volunteer fire company, independently chartered by the Town of Warren to provide fire protection services for Warren property owners and residents. He further states that he does not receive any compensation from the CFC for his services as a volunteer firefighter.

As to his first question, the Petitioner informs that John M. Jannitto, one of the three Warren Directors on the BCWA, has applied to be re-appointed to another three-year term, having been initially appointed in February of 2008, prior to the Petitioner’s election to the Town Council. He states that Mr. Jannitto receives a stipend, not to exceed $1,200 annually for his service as a BCWA director. He informs that Mr. Jannitto is also a member of the CFC, serving as a volunteer Captain, a position that is subject to annual election by the members of the CFC. He represents that, similar to himself, Mr. Jannitto does not receive any compensation from the CFC for his services as a volunteer Captain. As such, the Petitioner seeks guidance as to whether he can participate in matters relating to the re-appointment of Mr. Jannitto to the BCWA.

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 or employment in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest exists if an official has reason to believe or expect that he, any person within his family, a business associate or an employer will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. Section 36-14-7(a). A public official or employee is also prohibited from accepting other employment that will either impair his independence of judgment as to his official duties or employment, or require him to disclose confidential information acquired by him in the course of his official duties. Section 36-14-5(b). Finally, a public official may not use his office for pecuniary gain, other than provided by law, for himself, a family member, employer, business associate, or a business that he represents. Section 36-14-5(d). A business associate is defined as “a person joined together with another person to achieve a common financial objective.” Section 36-14-2(3).

With respect to his first question, based upon the above representations, the Petitioner’s affiliation with Mr. Jannitto is not in substantial conflict with the proper discharge of his duties as a member of the Town Council. The relationship between the Petitioner and Mr. Jannitto, as fellow volunteer firefighters, is not one of “business associates” under the Code of Ethics. Accordingly, it is the opinion of the Ethics Commission that the Petitioner is not prohibited by the Code of Ethics from participating in the Town Council matters relating to the re-appointment of Mr. Jannitto to the BCWA.

With respect to his second question, the Petitioner represents that as a member of the Town Council his duties include participating in discussions and votes on the Town of Warren’s annual budget. He informs that there are items in the budget, relating to the Warren Fire Department, which specifically involve the volunteer fire companies in the town, including the CFC. As such, the Petitioner seeks guidance as to whether he can participate in the discussions and vote on the line items in the budget related to the CFC.

In Advisory Opinion 2004-17 a member of the Tiogue Fire District Council sought advice as to whether he could simultaneously serve as volunteer firefighter in same district, given the fact that the Tiogue Fire District Council had budgetary authority over the volunteer firefighters. A.O. 2004-17. Significantly, volunteer firefighters in the Tiogue Fire District received a stipend based upon the number of calls attended. Id. There, the Commission opined that the petitioner could serve simultaneously as a volunteer firefighter, while serving as a member of the same fire district, provided that he recused from any matters that could financially impact him, including matters concerning his compensation as a volunteer firefighter. Id.

In the instant matter, similar to Advisory Opinion 2004-17, there is no indication that the Petitioner’s simultaneous service as a volunteer firefighter creates a substantial conflict of interest with his budgetary responsibilities as a member of the Town Council. Additionally, this matter is distinguishable from Advisory Opinion 2004-17 because this Petitioner does not receive any compensation, whatsoever, for his services as a volunteer firefighter; therefore, he is not directly financially impacted by the budget line items involving the CFC. Accordingly, it is the opinion of the Ethics Commission that the Petitioner is not prohibited by the Code of Ethics from participating in the discussions and vote on the line items in the Town budget related to the CFC. However, the Petitioner is cautioned that if any matters come before him in his official capacity on the Town Council where it is reasonably foreseeable that he will be financially impacted in his capacity as a volunteer firefighter, he should either seek further advice from this Commission or exercise the recusal provision found at § 36-14-6.

Code Citations:

§ 36-14-2(3)

§ 36-14-5(a)

§ 36-14-5(b)

§ 36-14-5(d)

§ 36-14-6

§ 36-14-7(a)

Related Advisory Opinions:

A.O. 2004-7

Keywords:

Dual Public Roles

Issued March 8, 2011