Advisory Opinion No. 2001-28

Re: Seth Kurn

QUESTION PRESENTED

The petitioner, a Human Resource Investment Council (HRIC) member, a state appointed position, requests an advisory opinion as to whether he may participate and vote on a proposal submitted by the Community College of Rhode Island (CCRI) to develop the Rhode Island Center for Technology Training Services (RICTTS), given that he also is the Executive Vice President of the New England Institute of Technology (NEIT).

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Human Resource Investment Council (HRIC) member, a state appointed position, may participate and vote on the Community College of Rhode Island’s (CCRI) proposal to develop the Rhode Island Center for Technology Training Services (RICTTS). That the proposed RICTTS may refer applicants to programs offered by collegiate institutions, including the NEIT and CCRI, does not create an inherent conflict of interest, given that sufficient independent factors exist to influence an individual’s decision to attend such institutions.

The petitioner serves as the Chair of the Human Resource Investment Council’s (HRIC) Project Review Committee (PRC). The HRIC has primary responsibility for approving and certifying all employment and training programs, and the PRC performs in-depth reviews of all proposal requests for funding and makes recommendations to the full HRIC. The PRC is scheduled to consider the Community College of Rhode Island’s (CCRI) Research and Development Proposal to Develop a Plan for the Rhode Island Center for Technology Training Services (RICTTS). He indicates that the purpose of the RICTTS is to provide a clearing-house for people interested in information technology careers and match them up with a program at one of the collegiate institutions. He represents that the RICTTS would be located at each of CCRI’s campuses and staffed by CCRI personnel. Applicants would be assessed and referred to an institution, including CCRI, which offers courses matching the applicant’s interests and abilities.

Under the Code of Ethics, a public official or employee 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 her duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). An official will have 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, employer, business associate, or a business that he represents. See R.I. Gen. Laws § 36-14-7(a). Finally, R.I. Gen. Laws § 36-14-5(d) provides that a public official or employee may not use his office for pecuniary gain, other than provided by law, for himself, a family member, employer, business associate, or a business that he represents.

Here, the proposed Rhode Island Center for Technology Training Services (RICTTS) would refer applicants interested in information technology careers to educational institutions that offer courses matching their interests and abilities, including the NEIT and CCRI. There is no evidence to suggest that the petitioner’s private interests would be impacted by such referrals. Further, sufficient independent factors exist that have a reasonable likelihood to influence and/or affect an individual’s decision regarding whether or not to attend a particular institution of higher learning. Absent any potential to impact the petitioner’s private financial interests, his participation and vote on the RICTTS proposal would not violate any provisions of the Code of Ethics. See R.I. Gen. Laws §§ 36-14-5(a), (d) and 7. Finally, the petitioner is advised that the Commission cannot opine as to the propriety of the particulars of the RICTTS proposal itself as is it beyond the purview of the Commission’s jurisdiction.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

98-129

96-26

Keywords:

Dual public roles