Advisory Opinion No. 2018-7 Rhode Island Ethics Commission Advisory Opinion No. 2018-7 Approved: January 23, 2018 Re: Stephen H. Lawton QUESTION PRESENTED : The Petitioner, the Chairman of the West Warwick School Committee, a municipal elected position, requests an advisory opinion regarding whether the Code of Ethics prohibits him from serving as a coach for the West Warwick High School Girls ’ basketball team, provided that he waives the receipt of any financial compensation and /or benefits and serves in a volunteer capacity . RESPONSE : It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Chairman of the West Warwick School Committee, a municipal elected position, is not prohibited by the Code of Ethics from serving as a coach for the West Warwick High School Girls ’ basketball team, provided that he waives the receipt of any financial compensation and /or benefits and serves in a volunteer capacity. The Petitioner is a member and the chairman of th e West Warwick School Committee. He represents that he was offered the position of coach for the West Warwick High School Girls ’ basketball team (“ girls’ basketball team”) . The Petitioner explains that the contract for this position is renewed yearly and that the position became available after the contract of the previous coach expired. Th e position was advertised on SchoolSpring.com, a website utilized by many school districts to announce educational job listings nationwide. The Petitioner represents that neither he nor the School Committee participated in the job description development or the selection of the candidates . The Petitioner informs that he was among three candidates selected to attend an interview conducted by a pane l consisting of the Athletic Director, the Vice-Principal, a parent, a student athlete and the wrestling coach. He stat e s that he enjoys coaching and he applied for the position with the understanding that he would waive the receipt of any compensation, remuneration, stipend or other financial benefits. The Petitioner explained that the former coach did not apply for the position. The Petitioner represents that following the conclusion of the interview process, he was informed that he was the only viable candidate whose name was recommended to the Superintendent for appointment. In turn, the Superintendent forwarded his recommendation to the School Committee for final approval , which has not yet occurred . Given this set of facts, the Petitioner requests the guidance of the Ethics Commission regarding whether he can be appointed and accept an unpaid position as the coach of the girls’ basket ball team. 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 both Regulation 5006 and 5014. 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, 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. 2003-65 (opining that a School Committee member could provide sports officiating services to the school department, given that he waived receipt of remuneration); A.O. 99-94 (finding that a member of the Coventry School Co mmittee was permitted to accept appointment to the position of the Head Wrestling Coach at the Middle School, provided that he waived the receipt of compensation and benefits); A.O. 97-41 (concluding that a member of the Warwick School Committee may apply for a coaching position in the Warwick School Department since he did not intend to accept compensation, benefits, or other financial remuneration for the position); 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 neither he nor the School Committee participated in the job description development or the selection of the candidates for the position . The Petitioner expressly represents that he i s waiving any financial benefit and/or remuneration associated with the position and will recuse from the School Committee’s discussion and decision-making relative to the ratification of his appointment to the position . Accordingly, based on the Petitioner’s specific representations that he would serve in a purely volunteer capacity , and consistent with the Commission’s prior advisory opinions, 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 as, the coach for the girls’ basketball team. The Petitioner must recuse from participation in the School Committee’s discussions and decision-making relative to his position as a basketball coach. Notice of recusal shall be filed with the Ethics Commission in accordance with section 36-14 -6 of the Code of Ethics. The Petitioner is also encouraged to seek further guidance from the Commission as needed. 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 : § 36-14-6 Commission Regulation 36-14-5006 Commission Regulation 36-14-5014 Related Advisory Opinions : A.O. 2013-11 A.O. 2004-36 A.O. 99-94 A.O. 96-35 Keywords : Appointment from Own Board Revolving Door