Advisory Opinion No. 2018-25 Rhode Island Ethics Commission Advisory Opinion No. 2018-25 Approved: April 10, 2018 Re: Roberto Moreno QUESTION PRESENTED: The Petitioner, a Research/Executive Assistant at the Pawtucket Housing Authority, a municipal employee position, requests an advisory opinion regarding whether the Code of Ethics prohibits him from seeking election to the Pawtucket School Committee, a municipal elected position. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a Research/Executive Assistant at the Pawtucket Housing Authority, a municipal employee position, from seeking election to the Pawtucket School Committee, a municipal elected position. The Petitioner represents that he is employed by the Pawtucket Housing Authority (“Housing Authority”) as a Research/Executive Assistant providing administrative assistance to the Housing Authority’s senior staff members. He explains that the Housing Authority does not receive any funding from the City of Pawtucket (“Pawtucket”). Rather, it operates primarily with grants from the United States Department of Housing and Urban Development (“HUD”) and rental income. The Petitioner states that he would like to seek election to the Pawtucket School Committee (“School Committee”) and requests the guidance of the Ethics Commission regarding whether the Code of Ethics allows him to do so, given his employment with the Housing Authority. Under the Code of Ethics, the Petitioner may 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 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 his official duties if it is likely that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of his official activity, to himself, a family member, an employer, a business associate, or a business that he represents. Section 36-14-7(a). Furthermore, the Petitioner is prohibited from accepting other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties. Section 36-14-5(b). Additionally, the Petitioner may not use his office for pecuniary gain, other than that provided by law, for himself, a family member, employer, business associate, or a business that he represents. Section 36-14-5(d). None of these provisions of the Code of Ethics create an absolute bar to Petitioner’s simultaneous service as an employee of the Housing Authority and an elected member of the School Committee. 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 the Housing Authority does not have any jurisdiction over the School Committee, or vice versa, and that his duties on the Housing Authority would be separate and distinct from his potential duties as a member of the School Committee. Absent additional facts, there does not appear to be any obvious risk that the Petitioner’s independence of judgment would be affected in either position by virtue of the fact that he also holds the other position. 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 seeking election to the School Committee. 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 he must refrain from soliciting contributions from his subordinates and from conducting any political activities during the hours of his public employment or with the use of any public resources. See A.O. 2007-12 (a potential Providence Housing Court Judge may participate in political activity involving candidates for municipal, state and federal office, provided that he uses no public time or resources in the pursuit of such activities). 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(b) § 36-14-5(d) § 36-14-6 § 36-14-7(a) Related Advisory Opinions: A.O. 2009-27 A.O. 2007-12 A.O. 2002-21 Keywords: Candidate Dual Public Roles