Advisory Opinion No. 2019-7 Rhode Island Ethics Commission Advisory Opinion No. 2019-7 Approved: February 5, 2019 Re: Theodore J. Przybyla QUESTION PRESENTED: The Petitioner, Treasurer for the Town of Scituate, a municipal elected position, who is also a member of the Scituate Home Rule Charter Commission, also a municipal elected position, seeks an advisory opinion as to whether the Code of Ethics prohibits him from simultaneously serving in both positions. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Treasurer for the Town of Scituate, a municipal elected position, who is also a member of the Scituate Home Rule Charter Commission, also a municipal elected position, is not prohibited by the Code of Ethics from simultaneously serving in both positions. In the summer of 2018, the Petitioner was elected to serve as a member of the Scituate Home Rule Charter Commission (“Charter Commission”) which, as described by the Petitioner, has been tasked with developing a Home Rule Charter (“Charter”) for consideration by voters in November of 2020. The Petitioner adds that the Charter will be the first for the Town of Scituate (“Town”), and must be completed by the summer of 2019. In November of 2018, the Petitioner was elected to a two-year term as Treasurer for the Town. The Petitioner represents that no Charter provisions being considered by the Charter Commission will impact any aspect of the Town Treasurer’s Office, compensation, or benefits while the Petitioner serves the term for which he was recently elected. 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 his 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 he, any person within his family, a business associate or an employer will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. Section 36-14-7(a). Additionally, the Code of Ethics prohibits a public official from using his public office or confidential information received through his public office to obtain financial gain for himself, a family member, a business associate, or any business by which he is employed or which he represents. Section 36-14-5(d). 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. 2017-15 (opining that the Interim Town Manager for the Town of New Shoreham who was also the Chairperson of the New Shoreham Library Board of Trustees was not prohibited by the Code of Ethics from simultaneously serving in both positions); 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). Here, based upon the facts as represented by the Petitioner, there is no indication that serving as both Town Treasurer and as a member of the Charter Commission would financially impact the Petitioner or impair his independence of judgment as to his public responsibilities in either role. This is particularly so given the representation by Petitioner that nothing the Petitioner may recommend for consideration by the voters that might affect the position of Town Treasurer would impact him as Town Treasurer as he serves out his present term. Accordingly, it is the opinion of the Ethics Commission that the Code of Ethics does not prohibit the Petitioner from simultaneously serving as both the Town Treasurer and as a member of the Charter Commission 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 him, any person within his family, a business associate or an employer, then the Petitioner must recuse from participation in discussions and decision-making relative to such matter pursuant to section 36-14-6 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: § 36-14-5(a) § 36-14-5(d) § 36-14-6 § 36-14-7(a) Related Advisory Opinions: A.O. 2017-15 A.O. 2015-14 Keywords: Dual Public Roles