Advisory Opinion No. 2003-70

Re: Alfred W. DiOrio, PLS, CPESO

QUESTION PRESENTED

The petitioner, a member of the Rhode Island Board of Registration for Professional Land Surveyors, a state appointed position, requests an advisory opinion regarding his ability to accept appointment to the Executive Committee of the Rhode Island Geographic Information System.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Rhode Island Board of Registration for Professional Land Surveyors, may accept appointment to the Executive Committee of the Rhode Island Geographic Information System.

The petitioner was appointed to the Rhode Island Board of Registration for Professional Land Surveyors ("Board of Registration") in 1999 and currently serves as the Board's vice-chair. Pursuant to R.I. Gen. Laws § 5-8.1-4, the official duties of the Board of Registration include the examination, registration, continuing certification and discipline of professional land surveyors.

The petitioner represents that he has recently been asked by the Rhode Island State Planning Council to serve on the Executive Committee of the Rhode Island Geographic Information System (RIGIS). According to its website, RIGIS is a consortium of government and private organizations employing computer and communications technology to manage and use a collective data base of comprehensive geographically related information. The mission of RIGIS is to monitor, coordinate, and provide leadership for activities related to the use of geographic information system technology in Rhode Island, and to support initiatives to implement or use this technology.

According to the RIGIS Manager, John Stachelhaus, the geographical information system, or GIS, is a technology used to produce and analyze maps that show various layers of information including RIDEM water and waste data, political boundaries, land uses, groundwater features and aerial photography. Some of the information in the GIS database is originally generated by professional land surveyors. The Executive Committee of RIGIS sets policy for the features and use of the GIS. The petitioner asks whether the Code of Ethics restricts his ability to simultaneously serve on the RIGIS Executive Committee and on the Board of Registration.

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). A public 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 the public official’s activity, to the official, a family member, employer or business associate. R.I. Gen. Laws § 36-14-7(a). The Code also prohibits a public official from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a family member, employer or business associate. R.I. Gen. Laws § 36-14-5(d).

Sections 5(a) and 5(d) of the Code of Ethics do not create an absolute bar to simultaneous service as a member of both the Rhode Island Board of Registration for Professional Land Surveyors and the Executive Committee of the Rhode Island Geographical Information System. Rather, those provisions require a matter by matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out an official’s duty in the public interest. Here, the Commission concludes that simultaneous service in both positions would not present an inherent conflict of interest under the Code of Ethics. Although the work product of professional land surveyors is a likely component of the information available on the RIGIS, there is no indication that the petitioner or surveyors in general stand to financially gain by reason of the petitioner's RIGIS involvement. In the event that issues do arise before either entity that implicate the conflict of interest provisions of the Code, the petitioner should recuse from participation or seek further specific guidance from the Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Keywords:

Dual public roles