Advisory Opinion No.2004-2

Re: Ronald Driscoll

QUESTION PRESENTED

The petitioner, a member of the Tiogue Fire District Council, a municipal elected position, requests an advisory opinion as to whether he may negotiate and enforce a collective bargaining agreement with members of the International Association of Firefighters (IAFF) Local 3514, and participate in personnel issues and discipline hearings regarding union district personnel, given that he is a member of a different IAFF Local by reason of his employment with the City of Warwick Fire Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Tiogue Fire District Council, a municipal elected position, may negotiate and enforce a collective bargaining agreement with members of the International Association of Firefighters (IAFF) Local 3514, and may participate in personnel issues and discipline hearings regarding union district personnel, notwithstanding his membership in a different IAFF Local by reason of his employment with the City of Warwick Fire Department.

The petitioner is a member of the Tiogue Fire District Council. He represents that the Board is responsible for, among other things, establishing and maintaining an annual budget for the district, setting a tax rate, purchase orders, negotiating a contract with district employees who are members of the IAFF Local 3514, discipline and personnel issues with paid employees and volunteer members.

The petitioner is employed by the City of Warwick Fire Department. As such, he is a member of the IAFF Local 2748.

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. R.I. Gen. Laws § 36-14-5(a). The petitioner will have an interest in substantial conflict with his 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 his official activity, to himself, a family member, a business associate, an employer, or any business which he represents. R.I. Gen. Laws § 36-14-7(a). R.I. Gen. Laws § 36-14-5(d) prohibits the petitioner 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, business associate, or any business by which he is employed or represents.

The Commission previously has advised that public officials who are union members may participate in negotiations in their public capacity with that union, provided that it is a different local. A recent advisory opinion by the Commission is directly on point. In A.O. 2003-74, the Commission opined that a member of the Tiogue Fire District Board could participate in negotiations with the IAFF Local 3514 as a member of the Board notwithstanding his membership in IAFF Local 1104 by reason of his employment with the West Warwick Fire Department, given that he is merely a member of the IAFF and not a business associate of that organization. See also A.O. 2003-18 (South Kingstown School Committee member may participate in negotiations with the NEA South Kingstown teachers union and NEA Educational Support Personnel union when she was a member of the University of Rhode Island Professional Staff Association (PSA), which is represented by the National Education Association (NEA), given that she is merely a member of the NEA and negotiations would be with a different local of the same umbrella organization); A.O. 2001-39 (finding that a South Kingstown School Committee member may participate in negotiations with the NEA/ESP when she was a member of the NEA/ACT since she was merely a member of the NEA and negotiations would be with a different local of the same umbrella organization.); A.O. 99-36 (concluding that a North Providence School Committee member may participate in negotiations since he is a member of the NEA in another district); and A.O. 96-92 (finding that a member of Rhode Island Laborers' Local 1215 who served as the Chairperson of the Westerly Housing Authority Board of Commissions could participate in the consideration of a contract with Rhode Island Laborers' Local 1217 notwithstanding the fact that he was a member of a different local of the same union since he was not a business associate of Local 1217).

Consistent with these past opinions, the Commission concludes that the petitioner may participate in negotiations and disciplinary matters with the IAFF Local 3514 as a member of the Tiogue Fire District Council. The Code of Ethics does not prohibit his participation in negotiations with a different local of the same umbrella organization given that he is merely a member of the IAFF and not a business associate of that organization. If in the future the petitioner should rise to any type of leadership position in the IAFF, or obtain a status beyond that of a mere member, then the petitioner should recuse from Fire District Council consideration of IAFF matters or seek further advice from the Commission.

Code Citations:

36-14-2(3)

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

2003-74

2003-18

2001-69

2001-39

2001-10

2000-77

99-36

96-92

Keywords:

Contracts

Negotiations

Unions/Bargaining Unit