Advisory Opinion No. 2003-18

Re: Wendy Bucci

QUESTION PRESENTED

The petitioner, a South Kingstown School Committee member, a municipal elected position, requests an advisory opinion as to whether she may participate in negotiations with the NEA South Kingstown teachers union and NEA Educational Support Personnel union, given that she is a member of the Professional Staff Association at the University of Rhode Island.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a South Kingstown School Committee member, a municipal elected position, may participate in negotiations with the NEA South Kingstown teachers union and NEA Education Support Personnel union.

The petitioner represents that she is employed by the University of Rhode Island’s Publication Office as a Production Coordinator, a non-teaching position. As such, she is a member of URI’s Professional Staff Association (PSA), which is represented by the National Education Association (NEA). She inquires as to her ability to participate in the South Kingstown School Committee’s negotiations with the NEA South Kingstown teachers union (NEA/SK) and NEA Educational Support Personnel Union (NEA/ESP).

Under the Code of Ethics, the petitioner may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties and employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). The petitioner will have an interest in substantial conflict with her official duties if she has reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of her official activity, to herself, a family member, a business associate, an employer, or any business which she represents. See R.I. Gen. Laws § 36-14-7(a). R.I. Gen. Laws § 36-14-5(d) prohibits the petitioner from using her public position or confidential information received through her position to obtain financial gain, other than that provided by law, for herself, a family member, business associate, or any business by which she is employed or represents.

The Commission previously has advised that public officials who are union members may participate in negotiations in their public capacity with that union, provided that it is a different local. See A.O. 2001-39 (finding that a South Kingstown School Committee member may participate in negotiations with the NEA/ESP when she was a member of the NEA/ACT since she was merely a member of the NEA and negotiations would be with a different local of the same umbrella organization.); A.O. 99-36 (concluding that a North Providence School Committee member may participate in negotiations since he is a member of the NEA in another district); and A.O. 96-92 (finding that a member of Rhode Island Laborers' Local 1215 who served as the Chairperson of the Westerly Housing Authority Board of Commissions could participate in the consideration of a contract with Rhode Island Laborers' Local 1217 notwithstanding the fact that he was a member of a different local of the same union since he was not a business associate of Local 1217).

In Advisory Opinion 2000-77, the Commission found that a South Kingstown School Committee member could participate in the Town’s negotiations with the NEA, notwithstanding her position as Treasurer of the URI/NEA/Professional Staff Association. There, the Commission concluded that her business association with that bargaining unit would not prohibit her participation with a different local of the same umbrella organization.

Similarly, the Commission concludes that the petitioner may participate in negotiations with the NEA/SK and NEA/SP as a South Kingstown School Committee member. The Code of Ethics does not prohibit her participation in negotiations with a different local of the same umbrella organization given that she is merely a member of the NEA and not a business associate of that organization.

Code Citations:

36-14-2(3)

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

2001-69

2001-39

2001-10

2000-77

99-36

96-92

Keywords:

Contracts

Negotiations

Unions/Bargaining Unit