Advisory Opinion No. 2003-45

Re: Richard A. Bernardo, P.E.

QUESTION PRESENTED

The petitioner, a recipient of a conditional offer of employment for the position of Town Engineer/Public Works Director for the Town of Burrillville, requests an advisory opinion regarding whether, should he accept such employment, he may continue to operate his private practice of consultant engineering outside of the Town of Burrillville.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a recipient of a conditional offer of employment for the position of Town Engineer/Public Works Director for the Town of Burrillville, should he accept such employment, may continue to operate his private practice of consultant engineering outside of the Town of Burrillville.

The petitioner represents that he has received a conditional offer of employment for the position of Town Engineer/Public Works Director for the Town of Burrillville. The petitioner informs that he is engaged in the private practice of consultant engineering as the owner of Richard A. Bernardo Professional Engineers, Inc. If the petitioner accepted the position with the Town, he represents that all private consulting work would be done outside of the Town of Burrillville. Additionally, he informs that he is a member of the State of Rhode Island Board of Registration for Professional Engineers. The petitioner seeks this advisory opinion to determine whether, should he accept the position with the Town, he may continue to operate his private practice of consultant engineering outside of the Town of Burrillville.

Under the Code of Ethics, a public official may not participate in any matter in which he has an interest, financial or otherwise, that is in substantial conflict with the proper discharge of his duties or employment in the public interest. See 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. See R.I. Gen. Laws § 36-14-7(a). The Code further provides that the petitioner may not accept other employment which will impair his independence of judgment as to his official duties. See R.I. Gen. Laws § 36-14-5(b). Finally, section 36-14-5(d) prohibits an official from using his position or confidential information received though his position to obtain financial gain, other than that provided by law, for himself or any person within his family.

Here, in his private business of consultant engineering, the petitioner represents that he will not perform consulting services in the Town of Burrillville. Given these representations, there would be no apparent conflict under the Code of Ethics between the petitioner's public duties as Town Engineer/Public Works Director for the Town of Burrillville and his private business. Additionally, since all work would be performed outside the Town of Burrillville, there would be no opportunity for the petitioner to use his public position or information obtained through his public position for financial gain for himself, a family member or a business associate. As such, it is the opinion of the Rhode Island Ethics Commission that the petitioner may accept the position of Town Engineer/Public Works Director for the Town of Burrillville and continue to operate his private business.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

2002-50

98-112

Keywords:

Private Employment