Advisory Opinion No. 2012-6 Re: Joseph J. Iacoi QUESTION PRESENTED The Petitioner, a member and Chairman of the Town of Westerly Licensing Board, a municipal appointed position, requests an advisory opinion regarding whether he may participate in the Licensing Board’s consideration of a motel license renewal, given that the applicant’s ex-husband filed an Ethics Commission Complaint against the Petitioner in 1994. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member and Chairman of the Town of Westerly Licensing Board, a municipal appointed position, may participate in the Licensing Board’s consideration of a motel license renewal, notwithstanding that the applicant’s ex-husband filed an Ethics Commission Complaint against the Petitioner in 1994. The Petitioner represents that he has been the Chairman of the Town of Westerly Licensing Board (“Board”) for the past seven (7) years. He informs that the Blue Whale Inn’s 2012 motel license renewal has been on the Board’s agenda since November. He advises that Christine Hayes, the applicant on behalf of the Blue Whale Inn, has publicly stated at the monthly Board meetings and in the local media that the Petitioner should refrain from considering the Blue Whale Inn’s license renewal. He informs that Ms. Hayes alleges that the Petitioner has a conflict of interest because her ex-husband filed an Ethics Commission Complaint against him in 1994, relating to his service on the Westerly Town Council from 1992-1994. He advises that he did not specifically recall the complaint and upon contacting the Commission was informed that Complaint No. 94-23 was dismissed by the Commission at Initial Determination. He further states that he has no personal interest in Ms. Hayes’ or her ex-husband’s present or past business ventures. The Petitioner informs that a show cause hearing for the Blue Whale Inn’s 2012 motel license renewal application is on the agenda for the March 8, 2012 Board meeting. Based upon the above representations, the Petitioner seeks advice as to whether he may participate in the Board’s consideration of Ms. Hayes’ motel license renewal application, given that her ex-husband filed an Ethics Commission Complaint against the Petitioner in 1994. 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 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). Additionally, the Code 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 person by which he is employed or whom he represents. Section 36-14-5(d). In the present matter, the Petitioner is not required to recuse because the facts as represented fail to demonstrate an independent relational or financial nexus between the Petitioner and Ms. Hayes. See e.g. A.O. 2008-11 (opining that a member of the Tiverton Planning Board was not required to recuse from participating in the Planning Board’s review of the Tiverton Yacht Club’s request to change the Zoning Ordinance, notwithstanding that his children previously took swimming lessons at the Yacht Club, given the absence of any current financial or relational nexus to the Yacht Club); A.O. 2001-7 (opining that a Westerly Town Councilor was not prohibited by the Code of Ethics from participating and/or voting on Council matters involving customers of his haircutting business since the normal commercial dealings between such individuals, absent some direct and ongoing financial relationship, does not constitute a business association that would trigger the prohibitions of the Code of Ethics). Accordingly, it is the opinion of the Ethics Commission that the Petitioner may participate in the Licensing Board’s consideration of the Blue Whale Inn’s 2012 motel license renewal, notwithstanding that the applicant’s ex-husband filed an Ethics Commission Complaint against the Petitioner eighteen (18) years ago, in 1994. Code Citations: § 36-14-5(a) § 36-14-5(d) § 36-14-7(a) Related Advisory Opinions: A.O. 2008-11 A.O. 2001-7 Keywords: Bias Recusal