Advisory Opinion No. 2003-22

Re: Connie La Mountain

QUESTION PRESENTED

The petitioner, a Bristol Warren Regional School Committee member, a regional appointed position, requests an advisory opinion as to whether she may be a member of a parents’ group within the school district.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner from being a member of a parents’ group while simultaneously serving as a member of the Bristol Warren Regional School Committee.

The petitioner represents that she is a member of a volunteer parents’ action group that advocates for quality education for children with diverse learning needs. The petitioner states that this parents’ group has no affiliation with the school district and receives no funding. Additionally, the petitioner represents that when requested by parents, representatives from this group provide support at meetings between parents and teachers. Further, the petitioner states that she is not an officer of this parents’ group as there is no formal or legal structure in the group. Given these representations, the petitioner seeks guidance as to whether she may continue to participate with the parents’ group given her status as a school committee member.

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 her 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 a 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.

Here, the petitioner represents that the parents’ group has no affiliation with the school system and does not receive funding. As such, matters would not be before her as a member of the Bristol Regional School Committee that would result in a financial gain or loss to the parents’ group. Additionally, since the petitioner is merely a member of the parents’ group she does not have a business association with that group that would trigger the prohibitions set forth in R.I. Gen. Laws §§36-14-5(a) and 5(d). Therefore, it is the opinion of the Rhode Island Ethics Commission that the petitioner may continue to participate with a parents’ group while simultaneously serving as a member of the Bristol Regional School Committee.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Keywords:

Membership