Advisory Opinion No. 2003-55

Re: David Tacey

QUESTION PRESENTED:

The petitioner, the Alternate Building Official for the Town of Coventry, a municipal appointed position, requests an advisory opinion as to whether he may simultaneously work as a contractor in the Town of Coventry.

RESPONSE:

The petitioner, the Alternate Building Official for the Town of Coventry, a municipal appointed position, may simultaneously work as a contractor in the Town of Coventry provided that he does not inspect his own work.

The petitioner informs that he is employed full-time as the Alternate Building Official for the Town of Coventry and in that capacity he states that his responsibilities include inspecting building projects in the Town of Coventry. Privately, the petitioner informs that he is self-employed as a contractor. The petitioner represents that his contracting work is limited to areas that do not require building permits including cabinetry work, painting and tile work. The petitioner seeks guidance as to whether he may continue to work as a contractor in the Town of Coventry while simultaneously being employed as the Alternate Building Official, provided that he does not inspect his own work.

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 a 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).

In past advisory opinions, the Commission has opined that a public official may perform services in his own town provided that the public official does not inspect his own work. See A.O. 95-32 (advising the Bristol Building Official that the Code of Ethics would not permit him to inspect or review plans of a building in which his son performed services of an architect and that he should take steps to have a building official of another town inspect any building in which his son provided architectural services) and A.O. 98-49 (opining that an Engineer hired by the Town of Johnston may appear before the Town of Johnston Planning Board as the engineer of record on a project to be reviewed by the Board provided that another engineer retained by the Town reviews and completes all necessary inspections for the project).

Here, provided the petitioner would not be inspecting projects for which he provided contracting services, the petitioner would not be participating in matters where he had an interest in substantial conflict. As such, the petitioner may work as a contractor in the Town of Coventry while simultaneously employed as the Alternate Building Official.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

98-49

95-32

Keywords:

Financial Interest