Advisory Opinion No. 2012-23

Re: Mario Carlino

QUESTION PRESENTED

The Petitioner, a Commissioner on the Board of the Narragansett Bay Commission, a state appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits his participation in discussion and voting relative to construction projects involving DiGregorio, Inc., given that the Petitioner’s godfather’s son has an ownership interest in the business.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Commissioner on the Board of the Narragansett Bay Commission, a state appointed position, may participate in discussion and voting relative to construction projects involving DiGregorio, Inc., notwithstanding that the Petitioner’s godfather’s son has an ownership interest in the business.

The Petitioner is a Commissioner on the Board of the Narragansett Bay Commission (“Board”). He represents that the Narragansett Bay Commission (“NBC”), in the furtherance of its mission, undertakes construction projects. The Board is responsible for choosing and approving the construction companies to be used for these projects. The Petitioner states that his godfather’s son has an ownership interest in a construction company, DiGregorio, Inc., that routinely bids on NBC projects. He indicates that the relationship between himself and his godfather is spiritual in nature under the Catholic religion, but that there is no actual family relationship. Accordingly, he represents that his godfather’s son is not a member of his family.

Although he has been recusing himself from participation in matters involving DiGregorio, Inc., the Petitioner seeks advice regarding whether a conflict of interest prohibits his participation in discussion and voting relative to construction projects involving DiGregorio, Inc., given that the Petitioner’s godfather’s son has an ownership interest in the business.

A public official shall not participate in any matter in which he has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties and 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 employer 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, his business associate, or any other person by which he is employed or which he represents. Section 36-14-5(d).

Commission Regulation 36-14-5004 (“Regulation 5004”), entitled “Nepotism”, specifically prohibits persons subject to the Code of Ethics from participating in any matter as part of his public duties if he has reason to believe or expect that any person within his family, or any household member, is a party to or a participant in such matter, or will derive a direct monetary gain or suffer a direct monetary loss, or obtain an employment advantage. As it relates to Regulation 5004, the phrase “any person within his or her family” is specifically defined as:

any person who is related . . . 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)(2).

The Code of Ethics contemplates and specifically enumerates categories of familial relationships that do not include the term “godfather” or the relationship as described by the Petitioner. Therefore, it is the opinion of the Ethics Commission that Petitioner’s godfather and his godfather’s son are not persons within the Petitioner’s family as that phrase is defined in the Code of Ethics. Accordingly, the Petitioner is not prohibited by the Code of Ethics from participating in discussion and voting relative to construction projects involving DiGregorio, Inc., a business in which the Petitioner’s godfather’s son has an ownership interest.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Commission Regulation 36-14-5004

Keywords:

Family member

Nepotism