Advisory Opinion No. 2017-15 Rhode Island Ethics Commission Advisory Opinion No. 2017-15 Approved: April 4, 2017 Re: Shirlyne Gobern QUESTION PRESENTED: The Petitioner, the Interim Town Manager for the Town of New Shoreham, a municipal appointed position, who is also the Chairperson of the New Shoreham Library Board of Trustees, a municipal appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits her from simultaneously serving in both positions. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Interim Town Manager for the Town of New Shoreham, a municipal appointed position, who is also the Chairperson of the New Shoreham Library Board of Trustees, a municipal appointed position, is not prohibited by the Code of Ethics from simultaneously serving in both positions. In March 2012, the Petitioner was appointed by the New Shoreham Town Council (“Town Council”) to serve on the New Shoreham Library Board of Trustees (“the Board”). The Petitioner represents that in January 2017, she was elected Chairperson by her peers and receives no remuneration for her services on the Board. The Petitioner states that the Board exercises general administrative supervision of the Library, including oversight of the Library’s Director, budget and building. The Petitioner states that the Library is one of the departments of the Town of New Shoreham(“the Town”). The Petitioner represents that on February 15, 2017, following the resignation of the New Shoreham Town Manager, she was appointed by the Town Council to serve for a period of six month as the Interim Town Manager (“Town Manager”). The Petitioner states that the Town Manager is responsible to the Town Council for the execution of its policies and ordinances and for the administration of Town government. Under the Code of Ethics, a public official shall not have any interest, financial or otherwise, or engage in any business, employment, transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of her 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 she, any person within her family, a business associate or an employer will derive a direct monetary gain or suffer a direct monetary loss by reason of her official activity. Section 36-14-7(a). A public official or employee is also prohibited from accepting other employment that would impair her independence of judgment as to her official duties or require or induce her to disclose confidential information acquired by her in the course of her official duties. Section 36-14-5(b). Additionally, the Code of Ethics prohibits a public official from using her public office or confidential information received through her public office to obtain financial gain for herself, a family member, a business associate, or any business by which she is employed or which she represents. Section 36-14-5(d). A business is defined as “a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust or any other entity recognized in law through which business for profit or not for profit is conducted.” Section 36-14-2(2). A business associate is defined as “a person joined together with another person to achieve a common financial objective.” Section 36-14-2(3). A person is defined as “an individual or a business entity.” Section 36-14-2(7). Under the Code of Ethics, neither the Town nor its Library is considered to be a “business entity” and the Ethics Commission has consistently concluded that the Code of Ethics does not consider the relationship between a public official and a public body to be that of business associates. See A.O. 2014-23 (opining that neither the Board of Education Council on Elementary and Secondary Education nor Trinity Academy for the Performing Arts, a public charter school, was considered to be a “business” under the Code of Ethics). In prior advisory opinions, the Ethics Commission has consistently concluded that the Code of Ethics does not create an absolute bar against a person’s simultaneous service in two different governmental entities, even if they are within the same municipality. See A.O. 2015-14 (opining that a member of the Bristol Warren Regional School Committee who was also an alternate member of the Bristol Juvenile Hearing Board was not prohibited by the Code of Ethics from simultaneously serving in both positions); A.O. 2011-18 (opining that the Chief of Staff for the Town of Johnston was not prohibited by the Code of Ethics from continuing to serve as the Chairman of the Board of Commissioners for the Rhode Island Resource Recovery Corporation). Here, the Petitioner’s duties as Interim Town Manager and Chairperson of the Board are separate and distinct. There is no indication that serving in both capacities would impair the Petitioner’s independence of judgment as to her public responsibilities in either role. Nor is there any indication that her simultaneous service, in and of itself, creates a substantial conflict with respect to carrying out her duties in the public interest. Accordingly, it is the opinion of the Ethics Commission that the Code of Ethics does not prohibit the Petitioner from simultaneously serving as the Interim Town Manager and the Chairperson of the Board in the same municipality. The Petitioner is cautioned, however, that if any particular matter should arise in either of these positions that would financially impact the Petitioner, any person within her family, a business associate or an employer, then the Petitioner must recuse from participation and vote on such matter pursuant to section 34-14-6 or seek further guidance from the Ethics Commission. 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(2) 36-14-2(3) 36-14-2(7) 36-14-5(a) 36-14-5(b) 36-14-5(d) 34-14-6 36-14-7(a) Related Advisory Opinions: A.O. 2015-14 A.O. 2014-23 A.O. 2014-19 A.O. 2011-18 A.O. 2010-57 A.O. 2009-27 Keywords: Dual Public Roles