Advisory Opinion No. 2003-58

Re: John M. Massed

QUESTION PRESENTED

The petitioner, the Director of Public Works in the Town of Warren, a municipal appointed position, requests this advisory opinion as to whether he may participate in contract negotiations with the Steelworkers Union Local # 14845-U3, given that his daughter is a member of the Steelworkers Union.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Director of Public Works in the Town of Warren, a municipal appointed position, may not participate in contract negotiations with the Steelworkers Union Local # 14845-U3 since it is unclear from the onset of negotiations how the contract will affect his daughter, who is a member of the Steelworkers Union.

The petitioner informs that in his capacity as Director of Public Works, he is a member of the negotiating committee for the Town in contract negotiations with the Steelworkers Union Local # 14845-U3 ("Steelworkers Union"). He states that the Steelworkers Union represents police dispatchers, employees in the Public Works Department and clerks in the Town Clerks Office, the Treasurer’s office, Town Manager’s office and the office of the Building Official. He informs that his daughter is a clerk in the Town Clerk’s office and as such is a member of the Steelworkers Union. Given these facts, the petitioner seeks guidance as to whether he may participate in contract negotiations with the Steelworkers Union.

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). However, an official will not have an interest which is in substantial conflict with his public duties if any benefit accrues to a member of his family, "as a member of a business, profession, occupation or group, or of any significant and definable class of persons within the business, profession, occupation or group, to no greater extent than any other similarly situated member of the business, profession, occupation or group, or the significant and definable class of persons within the business, profession, occupation or group." R.I. Gen. Laws § 36-14-7(b). Additionally, an official 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 a member of his family. See R.I. Gen. Laws § 36-14-5(d).

Here, the provisions of the Code of Ethics, namely Sections 5(a) and 7(a), prohibit the petitioner from participating in matters that would have a financial impact on a member of his family. As such, the Code would prohibit the petitioner from participating in contract negotiations that would have a financial impact on his daughter. Furthermore, while section 7(b) of the Code of Ethics contains an exception allowing public officials to participate in matters where family members are affected to no greater or lesser extent than any other person similarly situated, the exception cannot be applied here since it is unclear how the petitioner’s daughter would be affected by the terms of the contract. In an analogous advisory opinion the Commission opined that a member of the Cranston School Committee could not participate in the negotiation process with the Cranston Teachers’ Association since it was unclear at the onset of collective bargaining how the negotiations might impact his spouse. A.O. 2003-29.

Here, since it is unclear at the onset of the contract negotiations with the Steelworkers Union how the negotiations may impact the petitioner’s daughter, it is the opinion of the Rhode Island Ethics Commission that the petitioner may not participate in contract negotiations with the Steelworkers Union Local # 14845-U3.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

36-14-7(b)

Related Advisory Opinions:

2003-29

Keywords:

Class exception

Contracts

Family: public employment

Negotiations