Advisory Opinion No. 2011-22

Re: Patrick Kelley

QUESTION PRESENTED

The Petitioner, the Chairperson of the Newport School Committee, a municipal elected position, requests an advisory opinion regarding whether the Code of Ethics prohibits his participation in contract negotiations between the Newport School Department and the Teachers' Association of Newport, given that his spouse's brother's spouse is a nurse in the School Department, a position that is covered by the collective bargaining agreement with the Teachers' Association.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Chairperson of the Newport School Committee, a municipal elected position, may participate in contract negotiations between the Newport School Department and the Teachers' Association of Newport, notwithstanding the fact that his spouse's brother's spouse is a nurse in the School Department, a position that is covered by the collective bargaining agreement with the Teachers' Association.

The Petitioner is a member and Chairperson of the Newport School Committee ("School Committee"). He represents that his wife's brother's wife is currently employed as a nurse by the Newport School Department ("School Department"), and that her position is covered by the collective bargaining agreement with the Teachers' Association of Newport ("Teachers' Association"). He asks whether this fact precludes him, under the Code of Ethics, from participating in the School Committee's contract negotiations with the Teachers' Association.

Commission Regulation 36-14-5004, entitled “Nepotism,” specifically prohibits persons subject to the Code of Ethics from participating in contract or collective bargaining negotiations which address or affect the employment, compensation or benefits of “any person within his or her family.” Regulation 5004(b)(4)(A). The phrase “any person within his or her family” is defined in Regulation 5004 as follows:

“Any person within his or her family” means, in addition to any other definition, any person who is related to any public official or public employee, whether by blood, marriage or adoption, as any of the following: spouse, father, step-father, father-in-law, mother, step-mother, mother-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandfather, step-grandfather, grandfather-in-law, grandmother, step-grandmother, grandmother-in-law, grandson, step-grandson, grandson-in-law, granddaughter, step-granddaughter, granddaughter-in-law, uncle, step-uncle, uncle-in-law, aunt, step-aunt, aunt-in-law, niece, step-niece, niece-in-law, nephew, step-nephew, nephew-in-law, first cousin, step-first cousin and first-cousin-in-law.

Regulation 5004(a)(1).

Included among Regulation 5004's enumerated familial relations are “sister” and “sister-in-law.” However, we have previously determined that neither of these terms describe the relationship between the Petitioner and his spouse's brother's spouse. A.O. 2007-47 (Chairperson of the Board of Trustees of the Central Falls School District may participate in contract negotiations with a teachers' union that includes her spouse's brother's spouse, since the spouse of the petitioner’s husband’s brother is not the petitioner’s “sister-in-law” as that term is used in Regulation 5004). See also A.O. 2007-49 (the wife of the petitioner’s wife’s cousin is not the petitioner’s “first-cousin-in-law” as that term is used in Regulation 5004; accordingly, the petitioner is not prohibited by the Code of Ethics from participating in the School Committee’s contract negotiations with the support staff union).

In A.O. 2007-47, we opined that the term “sister” means a female person having the same mother or father as another. A.O. 2007-47. We also stated that the term “sister-in-law” means either the sister of one’s spouse, or the female spouse of one’s own sibling. Id. The term “sister-in-law,” as used in Regulation 5004(a)(1), was not meant to include, and does not include, the female spouse of one’s spouse’s sibling. Id.

We consider it both necessary and reasonable to regulate a public official’s ability to take official action that financially impacts either the spouses of his natural or adopted relatives, or that impacts his own spouse’s natural or adopted relatives; these persons are a public official’s “in-laws” as that term is used in Regulation 5004. However, the term does not include a third family that may have married into one’s spouse’s family.

Based on the above, the Petitioner's wife's brother's wife is not the Petitioner’s “sister-in-law” as that term is used in Regulation 5004. Accordingly, the Petitioner is not prohibited by the Code of Ethics from participating in the School Department's contract negotiations with the Teachers' Association.

Code Citations:

Regulation 5004

Related Advisory Opinions:

2007-49

2007-47

2007-36

Keywords:

Nepotism

Family: Public employment