Advisory Opinion No. 2001-65

Re: Paul L. Gaines

QUESTION PRESENTED

The petitioner, a Newport Board of Canvassers member, a municipal appointed position, requests an advisory opinion as to whether a conflict of interest exists given that his spouse is a Newport School Committee candidate.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Newport Board of Canvassers member, a municipal appointed position, may continue to serve on the Board of Canvassers notwithstanding his spouse’s candidacy for the Newport School Committee. Because the petitioner himself is not a candidate for office we conclude that recusal, rather than disqualification for the position, is an appropriate safeguard under the law. Also, any matters involving his wife’s candidacy that came before the Board of Canvassers would not implicate section 5(e) of the Code, which prohibits appearances by an official or employee before his or her own board or agency. That section’s absolute prohibitions do not extend to appearances by family members.

In that regard, we further advise that because the petitioner's public responsibilities include administering an impartial election process, he should recuse himself from participation and/or vote on all Board matters relating to or affecting the candidacy of his spouse and/or other School Committee candidates. Such participation would constitute a substantial conflict with the discharge of his public duties and/or a use of position for financial gain for a family member. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a), 36-14-5(d). When matters involving his spouse or other School Committee candidates, and/or the School Committee election in general, come before him as a member of the Board of Canvassers, he should (a) advise the Board, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation and/or vote in connection with said matters. Notice of recusal should be filed with both the Board of Canvassers and the Ethics Commission pursuant to R.I. Gen. Laws, § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2000-75

98-122

97-22

96-110

96-25

95-39

95-23

92-52

91-62

84-10

83-72

83-40

Keywords:

Family: public employment

Nepotism

Political activity