Advisory Opinion No. 2003-53

Re: Robert P. Rodericks

QUESTION PRESENTED:

The petitioner, the Director for Attendance for the East Providence School Department, a municipal employee position, requests an advisory opinion regarding whether he may seek election to the East Providence City Council.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner may seek election to and serve on the East Providence City Council, a municipal elected position, while simultaneously employed as the Director for Attendance for the East Providence School Department, a municipal employee position.

The petitioner represents that he is currently employed as the Director of Attendance with the East Providence School Department. He informs that he is seeking election to the East Providence City Council. Additionally, he states that the City Council has no jurisdiction over the local school department except to annually vote on a budget total. The petitioner seeks guidance as to whether he may seek election to the City Council while simultaneously employed by the School Department.

Under the Code of Ethics, the petitioner may not participate in any matter in which he 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 his official duties if he has reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of his official activity, to himself, a family member, a business associate, an employer, or any business which he represents. See R.I. Gen. Laws § 36-14-7(a). Additionally, R.I. Gen. Laws § 36-14-5(b) prohibits a public official or employee from accepting other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties. Finally, R.I. Gen. Laws § 36-14-5(d) provides that a public official may not use his office for pecuniary gain, other than provided by law, for himself, a family member, employer, business associate, or a business that he represents.

In an analogous opinion, the Commission opined that an individual employed as a full-time or substitute teacher in the Foster School Department could seek election to and serve on the Foster Town Council. See A.O. 2000-61. See also, A.O. 2000-63 (holding that a Narragansett Town Councilor may accept a teaching job with the Narragansett School Department); A.O. 95-72 (holding that a candidate for the Newport School Committee who was employed by the Newport School Department as a Plumbing Apprentice Instructor would not violate the Code of Ethics if he simultaneously served in both positions); and A.O. 95-44 (concluding that an electrician employed by the Newport School Department would not violate the Code of Ethics if he simultaneously served on the Newport City Council).

Consistent with these previously issued advisory opinions, no violation of the Code of Ethics will occur if the petitioner is elected and serves as a member of the East Providence City Council while the School Department simultaneously employs him.

Here, while the Code does not prohibit the petitioner’s service on the East Providence City Council, the Code does regulate those matters in which he may or may not participate. The Commission has opined that town council members with family members in their town’s school departments may vote on the town’s overall budget even if by so doing they are voting on school department matters that affect members of their families. See A.O. 98-88. The Commission has reasoned that in circumstances such as those, voting on an overall town budget is sufficiently remote from specific items within a school department budget so as not to constitute a substantial conflict of interest.

However, while a public official in the petitioner’s circumstances may participate and/or vote on the School Department’s budget as a whole, he must recuse from participation and/or vote on specific line items relating to the school department or to personnel matters which will affect him. See A.O. 2002-44 (opining that a Warwick City Councilor may participate and/or vote on budget issues, provided that he may not participate and/or vote on the School Department’s budget as a line item or on matters related to personnel issues affecting his spouse as a teacher’s aide employed by the Warwick School Department). Therefore, in the event that the petitioner is elected to the East Providence City Council, he may participate as a Council member in discussions and votes on the town budget; however, he may not vote on or discuss the school budget as a line item or on matters related to personnel issues affecting him as a School Department employee. Notice of recusal should be filed with both the City of East Providence and the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2002-44

2000-63

2000-61

2000-22

99-89

99-44

99-43

98-88

95-72

95-44

Keywords:

Budgets

Candidate

Dual public roles