Advisory Opinion No.2004-1

Re: Frank A. Giorgio III

QUESTION PRESENTED

The petitioner, a member of the West Warwick Zoning Board of Review, a municipal appointed position, who is also the Vice-Chairman of the West Warwick Democratic Town Committee, requests an advisory opinion regarding whether he may participate in Zoning Board matters in which the Chairman of the West Warwick Democratic Town Committee acts as an attorney.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the West Warwick Zoning Board of Review, who is also the Vice-Chairman of the West Warwick Democratic Town Committee, may not participate in Zoning Board matters in which the Chairman of the West Warwick Democratic Town Committee acts as an attorney.

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 or her duties in the public interest. R.I. Gen. Laws § 36-14-5(a). An official will have an interest in substantial conflict with his or her 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 the public official's activity, to the official, a family member, a business associate, an employer, or any business which the public official represents. R.I. Gen. Laws § 36-14-7(a). A business associate is defined as "a person joined together with another person to achieve a common financial objective." R.I. Gen. Laws § 36-14-2(3).

The Code of Ethics does not bar members of the West Warwick Zoning Board from belonging to political committees, or to any other organization. The Code does not address political affiliations and alliances. However, it does impose restrictions on public officials depending on the nature of their involvement in activities and organizations beyond their public duties. Provisions of the Code of Ethics prohibit public officials from acting to financially benefit themselves, family members and business associates.

The Commission consistently has found that while mere membership in an organization does not create a "business associate" relationship as defined in the Code of Ethics, such a relationship does exist for those in leadership positions since they direct the financial objectives of the organization. Specifically, in A.O. 2001-72, the Commission determined that officers of a local Democratic Town Committee are considered to be business associates under the Code of Ethics. See also A.O. 99-33 (although Democratic Town Committee pursues various objectives that are not financial, the existence of a financial component is sufficient to qualify the petitioner and his fellow Committee members as business associates).

Therefore, the Commission concludes that the petitioner's status as an officer of the West Warwick Democratic Town Committee requires that he recuse from participation and/or vote in Zoning Board matters in which his business associate, a fellow officer of the West Warwick Democratic Town Committee, acts as an attorney. Notice of recusal should be consistent with the requirements of R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-2(3)

36-14-5(a)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2001-72

2000-20

2000-10

99-33

99-32

98-42

94-3

Keywords:

Business associates

Political