Advisory Opinion No. 2018-13 Rhode Island Ethics Commission Advisory Opinion No. 2018-13 Approved: February 27, 2018 Re: Lonzie Doggett QUESTION PRESENTED: The Petitioner, an outreach worker at the Providence Housing Authority, a municipal employee position, requests an advisory opinion regarding whether the Code of Ethics permits her to simultaneously serve as a member of the Providence Housing Authority Board of Commissioners, a municipal appointed position. RESPONSE : It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, an outreach worker at the Providence Housing Authority, a municipal employee position, from simultaneously serving as a member of the Providence Housing Authority Board of Commissioners, a municipal appointed position. The Petitioner represents that she is a resident of public housing owned by the Providence Housing Authority (“PHA”). She explains that the PHA is a quasi-public authority created by state statute and governed by a Board of Commissioners. The PHA operates primarily with grants from the United States Department of Housing and Urban Development (“HUD”) and oversees and implements HUD programs. The Petitioner represents that the PHA received a one-time grant provided by HUD for the implementation of HUD’s Jobs Plus Program (“Program”) which was created to help public housing residents find and keep higher paying employment by connecting them with employment opportunities, educational advancement and financial literacy services.[1] The Petitioner states that on May 8, 2017, she was hired by the PHA as a temporary, part-time outreach worker for the Program to provide information to low-income, public housing residents and to promote their participation in the Program. The Petitioner states that she was recently nominated by the residents of her housing development, and is being considered for appointment by the Mayor of the City of Providence, to the PHA’s Board of Commissioners. The Petitioner explains that pursuant to state statute, the PHA’s Board of Commissioners (“Board”) consists of eleven members, three of which must be occupants of public housing who are appointed by the Mayor. In a telephone conversation with Commission Staff, the General Council for the PHA explained that the Board determines the policies of the PHA and approves PHA’s annual budget. Given this set of facts, the Petitioner request an advisory opinion regarding whether the Code of Ethics prohibits her from accepting appointment to the PHA’s Board of Commissioners, given her temporary, part-time employment with the PHA. Under the Code of Ethics, the Petitioner may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties in the public interest. R.I. Gen. Laws § 36-14-5(a). The Petitioner will have an interest in substantial conflict with the proper discharge of her official duties if it is likely that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of her official activity, to herself, a family member, an employer, a business associate, or a business that she represents. Section 36-14-7(a). Furthermore, the Petitioner is prohibited from accepting other employment that will either impair her independence of judgment as to her official duties or employment or require her to disclose confidential information acquired by her in the course of her official duties. Section 36-14-5(b). Additionally, the Petitioner may not use her office for pecuniary gain, other than that provided by law, for herself, a family member, employer, business associate, or a business that she represents. Section 36-14-5(d). Sections 5(a) and 5(d) of the Code of Ethics do not create an absolute bar to Petitioner’s simultaneous service in both positions. Rather, those provisions require a matter-by-matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out the Petitioner’s official duties in the public interest. Here, the Petitioner represents that she was hired by the PHA as a temporary, part-time employee in connection with the implementation of a particular federal program funded through a federal grant. Absent additional facts, there does not appear to be any obvious risk that such employment would impair the Petitioner’s independence of judgement on the Board. Thus, merely holding the two positions simultaneously would not constitute a substantial conflict of interest under the Code of Ethics. As such, the Petitioner is not prohibited from accepting an appointment to the Board while serving as a temporary, part-time employee at the PHA. See A.O. 2009-27 (opining that the Code of Ethics did not prohibit the petitioner from simultaneously serving as a municipal appointed member of both the East Providence Planning Board and the East Providence Historic District Commission, in addition to being an East Providence Police Officer, a municipal employee position, as a substantial conflict of interest was not apparent, notwithstanding the existence of some overlap between the positions); A.O. 2002-21 (opining that the petitioner was not prohibited from serving on the School Committee while employed as a Director of after school dance programs in a school in the same municipality). The Petitioner is cautioned, however, that she is required to recuse from participation in any matter that could financially impact the Petitioner herself, her family member, a business associate or an employer, including but not limited to matters involving her employment with the PHA or her public housing residence. Notice of recusal should be filed with the Ethics Commission in accordance with section 36-14-6. Finally, the Petitioner is advised that should any of the circumstances change, specifically with regard to seeking other employment opportunities with the PHA, she should seek further advice from the 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 : § 36-14-5(a) § 36-14-5(b) § 36-14-5(d) § 36-14-6 § 36-14-7(a) Related Advisory Opinions : A.O. 2009-27 A.O. 2002-21 Keywords : Dual Public Roles