Advisory Opinion No. 2003-64

Re: William G. Day

QUESTION PRESENTED

The petitioner, a Chariho School Committee member, a municipal elected position, and a volunteer fire fighter for the Hope Valley/Wyoming Fire District, requests an advisory opinion regarding his ability to accept extra work as a uniformed fire fighter attending school functions in the Chariho School District.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Chariho School Committee member, a municipal elected position, may accept extra work as a uniformed fire fighter attending school functions in the Chariho School District.

The petitioner is a member of the Chariho School Committee. He advises that for the past 40 years, he has been a volunteer fire fighter for the Hope Valley/Wyoming Fire District. The petitioner represents that pursuant to state law, a uniformed fire fighter is required to attend certain assemblies held on school grounds such as dances and plays. He states that when a fire fighter is needed for such school functions, the Chariho Superintendent or individual school principal contacts the Hope Valley/Wyoming Fire Chief. The Chief then assigns a fire fighter based upon a list of persons interested in such work. The Fire District is paid through a school activities fund, and then the fire fighter on duty is later paid by a check written by the Fire District. The petitioner states that the School Committee has no involvement in the decision to hire a uniformed fire fighter or to pay the Fire District for such service. Nevertheless, the petitioner states that he will recuse from participation in any School Committee matters involving such issues if they arise.

Under the Code of Ethics, a public official 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 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 it is likely that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of his official activity, to the official, a family member, or a business associate. R.I. Gen. Laws § 36-14-7(a). Section 5(b) of the Code prohibits a public official 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. A public official may not use his public position to obtain financial gain, other than that provided by law, for himself, his family or business associates. R.I. Gen. Laws § 36-14-5(d).

Based on the facts as represented, there is no indication of a link between the petitioner's status or duties as a School Committee member and his ability to accept assignments from the Fire District as a uniformed fire fighter supervising school functions pursuant to state law. Given the petitioner's representation that he will recuse from participation on any School Committee matters that may arise concerning payments to the Fire District, the aforementioned provisions of the Code of Ethics are not implicated.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-6

36-14-7(a)

Keywords:

Dual public roles