Advisory Opinion No. 2001-8

Re: Wayne Brusseau - December 14, 2000

QUESTION PRESENTED

The Westerly Town Solicitor requests an advisory opinion on behalf of the petitioner, a Westerly Town Councilor, a municipal elected position, as to whether he must recuse himself from participating and voting in Council matters involving the Westerly Police Department, his former employer.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that, as a general rule, the Code of Ethics does not prohibit the petitioner, a Westerly Town Councilor, a municipal elected position, from participating and voting in Council matters involving the Westerly Police Department, his former employer. However, in the event that a matter under consideration implicates his private financial interests, such as a pension interest, the Code requires his recusal.

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. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). An official has an interest in substantial conflict with his official duties if it is likely that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of the public official's activity, to the official, a family member, or his employer. See R.I. Gen. Laws § 36-14-7(a).

The petitioner advises that he was employed by the Westerly Police Department for more than twenty-five years, retiring in January 1999, after having attained the rank of Lieutenant. In an analogous opinion, the Commission found that a Woonsocket Personnel Board member who previously served as Chief of that Department’s Reserve Force may participate in matters involving the Woonsocket Police Department since, given his status as a former employee, the matters under consideration would not affect his personal financial interests. See e.g., A.O. 99-40. Similarly, here the petitioner, as a former Westerly Police Department employee, no longer has a financial interest in matters affecting that Department that would trigger the prohibitions set forth in R.I. Gen. Laws §§ 36-14-5(a), 7(a). However, in the event that a matter involving the Police Department would implicate his private financial interests, such as a pension interest, the Code of Ethics requires the petitioner to recuse from participation and vote. Notices of recusal should be filed with both the Ethics Commission and the Town of Westerly in accordance with R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-6

36-14-7(a)

Related Advisory Opinions:

99-40

98-45

92-72

Keywords:

Code jurisdiction

Public employment