Advisory Opinion No.2003-35

Re: Marcel M. Bacon

QUESTION PRESENTED

The petitioner, a Commissioner of the Cumberland Fire District Board of Fire Commissioners, a municipal elected position, requests an advisory opinion regarding his ability to participate in Fire District Board issues relating to arbitration between the Cumberland Fire District and the Cumberland firefighters' union, I.A.F.F. Local #2722.

RESPONSE

It is the opinion of the Ethics Commission that the petitioner, a Commissioner of the Cumberland Fire District Board of Fire Commissioners, a municipal elected position, may participate in Fire District Board issues relating to arbitration between the Cumberland Fire District and the Cumberland firefighters' union, I.A.F.F. Local #2722, provided that it is not reasonably foreseeable that the arbitration and resulting contract would affect him as a Woonsocket firefighter and member of the I.A.F.F. Local #732.

The petitioner is an elected Commissioner on the Cumberland Fire District Board of Fire Commissioners. He represents that the Fire District Board has complete management and control over all staff committees and firefighters of the district and fire department, including the hiring and promoting of firefighters, providing for the financial administration of the fire district in accordance with the budget, and negotiating labor contracts with the firefighter's union, I.A.F.F. Local #2722.

The petitioner is employed as a full-time, paid firefighter in the City of Woonsocket. He represents that as a Woonsocket firefighter he is a member of I.A.F.F. Local #732, but holds no union office. He asks the Commission whether, given his status as a Woonsocket firefighter and member of I.A.F.F. Local #732, he may participate in Cumberland Fire District arbitration against Cumberland firefighters represented by I.A.F.F. Local #2722.

The Code of Ethics provides that the petitioner may not participate in any matter in which he, his family, or a business associate has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Laws § 36-14-5(a). An official will have an interest in substantial conflict with his official duties if he has a reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of the public official's activity, to the official, a family member, a business associate, an employer, or any business which the public official represents. R.I. Gen. Laws § 36-14-7(a). Also, pursuant to R.I. Gen. Laws § 36-14-5(d), the petitioner 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 or any person within his family, a business associate, or any business by which he is employed or represents.

The Ethics Commission previously has advised public officials who are union members that they may participate in negotiations in their public capacity with that union, provided that it is a different local. See 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); 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); A.O. 96-60 (advising a member of the Narragansett Personnel Board of Appeal that she could participate in grievances of employees represented by Local 1033 even though she was a member of that union since she was not a union official and that any benefits she received would not be affected by any decision of the Narragansett Personnel Board).

The Commission concludes that the petitioner may participate in the arbitration between the Cumberland Fire District Board and the I.A.F.F. Local #2722 as a Commissioner, provided that it is not reasonably foreseeable that the outcome of the arbitration would directly affect him as a Woonsocket firefighter member of the I.A.F.F. Local #732. The Code of Ethics does not prohibit his participation in Fire District Board matters with a different local of the same umbrella organization given that he is merely a member of the I.A.F.F. and not a business associate of that organization. The Commission previously has concluded that public officials may negotiate matters relating to different locals of an umbrella labor organization since the business associate relationship does not exist as to the other locals. In the event that any matter appears before the petitioner as a member of the Cumberland Fire District Board that would directly affect him as a Woonsocket firefighter and I.A.F.F. Local #732 member, he should exercise the notice and recusal sections of R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(f)

36-14-7(a)

36-14-6

Related Advisory Opinions:

2001-69

2001-10

2000-77

99-55

99-54

99-36

99-4

98-172

98-166

98-156

98-162

98-130

98-44

98-32

97-91

97-65

96-92

96-60

95-70

95-75

95-23

94-27

92-53

Keywords:

Negotiations

Unions/Bargaining units