Advisory Opinion No. 2019-23

Rhode Island Ethics Commission

Advisory Opinion No. 2019-23

Approved:  March 26, 2019

Re:  Arthur Corsini

QUESTION PRESENTED:

The Petitioner, a member of the North Providence School Committee, a municipal elected position, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from participating, as the Chairperson of the Teacher Negotiations Subcommittee, in the collective bargaining negotiations between the North Providence School Committee and the North Providence Teachers’ Association, given that he is a retired member of the North Providence School Department who receives continuing health care benefits from the School Department. 

RESPONSE :

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the North Providence School Committee, a municipal elected position, is not prohibited by the  Code of Ethics from participating, as the Chairperson of the Teacher Negotiations Subcommittee, in the collective bargaining negotiations between the North Providence School Committee and the North Providence Teachers’ Association, notwithstanding that he is a retired member of the North Providence School Department who receives continuing health care benefits from the School Department, since the Petitioner will not be financially impacted by such negotiations.

The Petitioner is a member of the North Providence School Committee (“School Committee”).  He states that for more than thirty years he worked as a teacher, assistant principal, and then principal in the North Providence School Department (“School Department”), from which he retired in 2014.  The Petitioner represents that the School Department provides health insurance benefits for both active and retired employees and, as a retiree, he has been receiving family health insurance coverage since his retirement. 

He further represents that the School Committee is forming a subcommittee, the Teacher Negotiations Subcommittee (“Subcommittee”), that would conduct the collective bargaining negotiations between the School Committee and the North Providence Teachers’ Association (“Teachers’ Association”).  The Petitioner states that matters affecting the health care benefits for already-retired employees of the School Department, such as himself, are not expected to be raised during the negotiations.  Furthermore, the Petitioner explains that his retirement benefits vested at the time of his retirement in 2014 and cannot be changed.  However, he represents that if such discussion concerning health care benefits for already-retired School Department employees arises, he will recuse.  Given these representations, the Petitioner asks whether the Code of Ethics permits his participation, as the Chairperson of the Subcommittee, in the collective bargaining negotiations. 

Under the Code of Ethics, a public official 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).  An official has an interest in substantial conflict with his official duties if it is reasonably foreseeable that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of the public official’s activity, to the official, his family member, his business associate, his employer or any business by which he is employed or which he represents.  Section 36-14-7(a); Commission Regulation 520-RICR-00-00-1.1.5 Reasonable Foreseeability (36-14-7001).  Furthermore, a public official may not use his public office or confidential information received through his office to obtain financial gain, other than that provided by law, for himself, his family member, his business associate, his employer or any business he represents.  Section 36-14-5(d).

Here, the Petitioner has represented that he does not stand to be financially impacted by the current collective bargaining negotiations with the Teachers’ Association.  For this reason, the aforementioned provisions of the Code of Ethics do not require his recusal from participation in the collective bargaining negotiations.  See A.O. 2017-52 (opining that a Tiverton Town Council member could participate in contract negotiations between the Town and the local bargaining unit for Tiverton firefighters, notwithstanding that he was a retired member of the Town’s fire department and received continuing health care benefits pursuant to a prior contract, because he did not stand to be financially impacted by the current negotiations).  Compare A.O. 2005-28 (opining that the Mayor of the Town of Cumberland could not participate in contract negotiations between the Town and the Fraternal Order of Police given his representation that as a retired member of the Town’s police department he would be financially impacted by changes to the retirement sections of the police contract).

The provisions of the Code of Ethics apply equally regardless of whether the Petitioner participates in the collective bargaining negotiations as the Chairperson or as a member of either the School Committee or the Subcommittee.  Accordingly, based on the above representations and consistent with our past advisory opinions, the Ethics Commission opines that the Petitioner may participate, as the Chairperson of the Teacher Negotiations Subcommittee, in the collective bargaining negotiations between the North Providence School Committee and the North Providence Teachers’ Association, notwithstanding that he is a retired member of the North Providence School Department who receives continuing health care benefits, since the Petitioner will not be financially impacted by such negotiations.  If discussions relative to healthcare benefits for current retirees should arise, the Petitioner must recuse and/or seek further guidance from the Ethics Commission.  Notice of recusal shall be filled with the Ethics Commission in accordance with section 36-14-6.

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(d)

36-14-7(a)

Commission Regulation 520-RICR-00-00-1.1.5

Related Advisory Opinions :

A.O. 2017-52

A.O. 2005-28

Keywords :

Financial Interest