Advisory Opinion No. 2016-46 Rhode Island Ethics Commission Advisory Opinion No. 2016-46 Approved: December 6, 2016 Re: Thomas E. Hodge QUESTION PRESENTED: The Petitioner, a member of Pawtucket City Council, a municipal elected position, requests an advisory opinion as to whether he may be appointed to the Pawtucket Water Supply Board, an unpaid position, within one year of the Petitioner’s official severance from his position as City Councilor. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of Pawtucket City Council, a municipal elected position, may be appointed to the Pawtucket Water Supply Board, an unpaid position, within one year of the Petitioner’s official severance from his position as City Councilor. The Petitioner is a member of the Pawtucket City Council (“City Council”) with term that expires in January of 2017. The Petitioner represents that he is the City Council Representative on the Pawtucket Water Supply Board (“Board”). The Petitioner explains that Board members are appointed by the Mayor of the City and confirmed by the City Council. The Petitioner points out that the Board members receive no financial benefit or remuneration for their services. The Petitioner sates that he was approached by the Mayor who inquired as to whether the Petitioner would be interested in continuing to serve on the Board as a citizen appointee after Petitioner’s severance from the City Council. The Petitioner expressed his interest in accepting such appointment, if offered, and is seeking guidance from the Ethics Commission as to the application of the Code of Ethics and its “Revolving Door” provisions to this set of facts. Under Commission Regulation 36-14-5014, municipal elected officials and school committee members are prohibited from seeking or accepting employment in the same municipality, including services as an independent contractor or consultant, while serving in office and for a period of one year after leaving office. Furthermore, Commission Regulation 36-14-5006 prohibits any elected or appointed official from accepting any appointment or election that requires approval by the body of which he is or was a member, to any position which carries with it any financial benefit or remuneration, until the expiration of one (1) year after termination of his membership in or on such body. Notably, the receipt of compensation is a necessary element in the application of Regulations 5006 and 5014’s prohibitions. See A.O. 2013-11 (opining that an elected member of the Pascoag Fire District Board of Commissioners could not seek or accept a position as a volunteer firefighter in the same district while holding office as Commissioner and for one year after because volunteer firefighters are paid for their services as independent contractors); A.O. 2004-36 (opining that a state employee sitting on the Rhode Island Water Resources Board as the designee of the Director of Administration may not accept, if offered, employment in the position of General Manager of the Water Resources Board). However, the Commission has permitted an official to accept such an appointment within one year of leaving office, provided that the appointment was to a volunteer position or the official agreed to waive the receipt of compensation and benefits and serve in a volunteer capacity. See A.O. 97-138 (finding that a Pawtucket City Councilor could accept appointment from the City Council to a board within that municipality within one year of his official severance from his position as Councilor provided that he serves in such position as an unpaid volunteer); A.O. 96-35 (advising a North Kingstown School Committee member that he could accept appointment as a volunteer baseball coach for the School Department since he would serve without compensation). Here, the Petitioner states that the Board members are appointed by the Mayor and confirmed by the City Council, the body of which the Petitioner is currently a member. However, the Petitioner expressly represents that the Board members do not receive any financial benefit or remuneration for their services. Accordingly, it is the opinion of the Ethics Commission that the Code of Ethics does not prohibit the Petitioner from accepting an appointment to, and serving on, the Pawtucket Water Supply Board without compensation within one year of the Petitioner’s official severance from his position as City Councilor. 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: § 36-14-2 Commission Regulation 36-14-5006 Commission Regulation 36-14-5014 Related Advisory Opinions: A.O. 2013-11 A.O. 2004-36 A.O. 97-138 A.O. 96-35 Keywords: Revolving Door