Advisory Opinion No. 2001-13

Re: Bill Patenaude

QUESTION PRESENTED

The petitioner, a Department of Environmental Management (DEM) employee, a state employee position, requests an advisory opinion as to whether he may provide private, for-profit training using the Myers-Briggs Type Indicator (MBTI) certification he received through his DEM employment.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Department of Environmental Management (DEM) employee, may provide private, for-profit training using the Myers-Briggs Type Indicator (MBTI) certification he received during his DEM employment, provided that all such training is done on his own time and without the use of public resources.

The petitioner is as a Principal Sanitary Engineer employed by the Department of Environmental Management (DEM)’s Office of Water Resources. His responsibilities at the DEM involve overseeing the inspection of wastewater treatment facilities and the provision of technical training regarding said facilities. He advises that in May of 1998, he received licensure from a private certification organization to administer and interpret the Myers-Briggs Type Indicator (MBTI). He represents that the DEM paid for his licensure so that he could provide internal training to DEM employees on teambuilding and management development. He now wishes to provide private, for-profit training on his own time using his MBTI certification. He indicates that the proposed training would not involve interaction with the Office of Water Resource’s regulated community, nor would he deal with any DEM regulatory matters as a subject of the training.

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. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). A substantial conflict will occur if it is likely that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of the petitioner’s official's activity, to himself, a family member, an employer or a business associate. See R.I. Gen. Laws § 36-14-7(a). Further, he may not accept outside employment that will impair his independence of judgment as to his public duties. See R.I. Gen. Laws § 36-14-5(b).

The Commission concludes that the petitioner may provide for-profit training using the Myers-Briggs Type Indicator (MBTI) certification that he received during the course of his DEM employment, provided that all training is provided on his own time and without the use of public resources, and that he not use his position at the DEM to solicit clients for his private employment venture. Given that the proposed training is outside the scope of his official DEM duties, and he will be teaching the course on his own time, no inherent conflicts of interest are present under the Code.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

98-103

97-108

97-107

96-104

96-64

96-55

92-49

Keywords:

Private employment