Advisory Opinion No. 2001-50

Re: William L. Shaw

QUESTION PRESENTED

The Pawtucket City Solicitor requests an advisory opinion on behalf of the City of Pawtucket as to whether the Affirmative Action/Equal Opportunity Director, a municipal appointed position, may be present during union negotiations with the City.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that no provisions of the Code of Ethics would prevent the Pawtucket Affirmative Action/Equal Opportunity Director, a municipal appointed position, from being present during union negotiations with the City of Pawtucket.

Under the Code, a public official may not participate in any matter in which he or she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his or 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 or her official duties if he or she has a reason to believe or expect 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, a business associate, an employer, or any business which the public official represents. See R.I. Gen. Laws § 36-14-7(a). The issue raised here, whether the City of Pawtucket’s Affirmative Action/Equal Opportunity Director may attend union negotiations with the City, is not addressed by any provisions of the Code of Ethics and does not implicate any potential private financial interests. Further, this opinion solely addresses whether the Code of Ethics prohibits the Affirmative Action/Equal Opportunity Director from attending the City’s union negotiations. This opinion does not, and could not, address whether any other statutes, rulings or policies prohibits such conduct. The Ethics Commission does not exercise jurisdiction over those statutes and therefore is not empowered to issue advisory opinions addressing or interpreting their effect.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

2000-80

2000-18

99-128

97-14

Keywords:

Code jurisdiction