Advisory Opinion No. 2003-26

Re: The Honorable John A. Celona

QUESTION PRESENTED

The Petitioner, a member of the Rhode Island State Senate, a State elected position, requests an advisory opinion regarding whether in his private employment as a business consultant for a Rhode Island developer, he may interact with Federal agencies and with private Rhode Island companies.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the Rhode Island State Senate, a State elected position, may interact with Federal agencies and with private Rhode Island companies in his private employment as a business consultant for a Rhode Island developer. The Code of Ethics provides that a public official may not represent himself or any other person before any state or municipal agency of which he is a member or by which he is employed. R.I. Gen. Laws § 36-14-5(e)(1), (2). Section 36-14-5(e)(4) extends these prohibitions for a period of one year after the petitioner has officially severed his position with the agency. The Code of Ethics provides that a public official may not accept any reward or promise of future employment in return for or based on any understanding or expectation that his vote, official action or judgment would be influenced thereby. R.I. Gen. Laws § 36-14-5(g).

The Code further provides that the petitioner may not accept other employment which will impair his independence of judgment as to his official duties. R.I. Gen. Laws § 36-14-5(b). He also is prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a business associate, or any business by which he is employed or represents. R.I. Gen. Laws § 36-14-5(d).

Here, in his private consulting business for a Rhode Island developer, the petitioner seeks only to interact with Federal agencies and with private Rhode Island companies. Petitioner further represents that in his private employment he will not interact with any State agencies or arms of State government. Given these representations, there is no apparent conflict under the Code of Ethics between the petitioner's official duties as a State Senator and his private employment.

Code Citations:

36-14-5(b)

36-14-5(d)

36-14-5(e)

36-14-5(g)

Related Advisory Opinions:

97-104

95-97

Keywords:

Lobbying

Private Employment