Advisory Opinion No. 2001-77

Re: Ms. Jean Avendano

QUESTION PRESENTED

The Petitioner, a Department of Corrections Probation and Parole Counselor, a state employee position, requests an advisory opinion as to whether she may accept part-time, private employment facilitating domestic violence group sessions for the CODAC Treatment Centers, where many group members are on probation.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Department of Corrections Probation and Parole Counselor, a state employee position, may accept private employment facilitating domestic violence group sessions at the CODAC Treatment Centers, provided that she does not participate in activities at CODAC, including paperwork and/or discussion, where individuals on her DOC probation caseload are involved.

The petitioner's duties as a Department of Corrections (DOC) Probation and Parole Counselor involve rehabilitating adult offenders who have been placed on probation for domestic violence charges by the Providence District Court. She represents that she supervises a caseload of approximately 100 domestic violence offenders from the Providence area, and that she has court coverage once a week in the Sixth Division District Court. She advises that CODAC provides outpatient treatment for domestic violence offenders and is the only agency in Rhode Island to offer group sessions in Spanish. She wishes to accept part-time employment at CODAC that would involve assisting the facilitator in conducting Spanish sessions in Central Falls, Pawtucket and Providence, as well as doing initial intake paperwork. She further represents that individuals on her public caseload would not be placed into her private group sessions, nor would she discuss the probation status of individual CODAC clients.

The Code of Ethics provides that the petitioner shall not have any interest, financial or otherwise, direct or indirect, or engage in any employment or transaction which is in substantial conflict with the proper discharge of her duties in the public interest. A substantial conflict of interest occurs if the petitioner has reason to believe or expect that she or any family member or business associate, or any business by which she is employed will derive a direct monetary gain or suffer a direct monetary loss by reason of her official activity. R.I. Gen. Laws §§ 36-14-5(a), 7(a). Additionally, the Code prohibits the petitioner from accepting other employment which will either impair her independence of judgment as to official duties or employment, or that will require or induce her to disclose confidential information acquired by her in the course of and by reason of her official duties. R.I. Gen. Laws § 36-14-5(b).

The Commission previously has concluded that DOC parole and probation counselors may accept private employment as group counselors for individuals on parole and probation, provided that they do not participate in activities in their private employment where their public clients are involved. See A.O. 97-45 (opining that a DOC Community Program Counselor may accept private employment as a group counselor for men who are on probation, parole, and electronic monitoring provided that she does not participate in activities in her private employment where her inmates are involved and that she does not accept private clients who have a reasonable likelihood of having professional contact with her in her public capacity); A.O. 96-72 (finding that a DOC Probation/Parole Officer may accept private employment as a counselor at Kent House provided that he does not participate in activities at the Kent House where his public clients are involved).

Similarly, the Commission opines that the petitioner may accept part-time employment with CODAC conducting Spanish group sessions and performing initial intake paperwork. However, the Code of Ethics prohibits her participation in any CODAC activities, including paperwork and/or discussion, concerning individuals who are on her public caseload as a DOC counselor. Further, she may not work with group members in her private employment who have a reasonable likelihood of having professional contact with her as a result of her DOC duties and responsibilities. The petitioner must recuse from participation in any DOC matters involving her private CODAC clients. Notice of recusal should be filed with the DOC and the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6. Finally, the Commission cautions the petitioner not to disclose any confidential information acquired by reason of her public employment.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(c)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2001-32

97-45

96-72

95-80

Keywords:

Private Employment