Advisory Opinion No. 2004-5

Re: Marsha E. Crecelius

QUESTION PRESENTED:

The petitioner, a Senior Appraiser for the Rhode Island Department of Administration, Office of Municipal Affairs, a state employee position, requests an advisory opinion regarding whether the Code of Ethics limits or prohibits her service as a member of the Board of Assessment Review for the Town of Barrington, a municipal appointed position.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner's employment as a Senior Appraiser for the Rhode Island Department of Administration, Office of Municipal Affairs, does not prohibit or limit her service or participation as a member of the Town of Barrington's Board of Assessment Review.

The petitioner describes her duties at the Rhode Island Office of Municipal Affairs as follows: Her office reviews the property sales in each of the 39 Rhode Island cities and towns, and compares these sales to each property's assessed value. Information regarding sales and assessed values comes from the municipal tax assessors several times each year. The petitioner inputs this data into a database and prepares reports and studies of the ratios between actual sale price and assessed value. This information is then transmitted to the Rhode Island Department of Education for use in determining the amount of state aid to education that each municipality receives. The petitioner's official duties also include the preparation of publications detailing and describing each municipalities tax rates, property tax exemptions and other items. The petitioner represents that she has no involvement whatsoever in appraising or assessing property in any of the municipalities.

The petitioner is also a member of the Town of Barrington Board of Assessment Review, a municipal appointed position. She represents that the Board's function is to hear appeals from decisions of the Barrington Tax Assessor regarding property tax assessments. The petitioner asks whether her service on the Board is in any way limited or prohibited under the Code of Ethics by reason of her aforedescribed employment in the Rhode Island Office of Municipal Affairs.

The Code of Ethics provides that a public official should not act a) when he or she has an interest 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)), b) when he or she has private employment which will impair his or her independence of judgment as to his or her official duties (R.I. Gen. Laws § 36-14-5(b)), and c) to obtain financial gain for himself or herself, a business associate or employer, other than that provided by law (R.I. Gen. Laws § 36-14-5(d)).

Given the representations of the petitioner, there is no indication that the petitioner's employment with the Office of Municipal Affairs is in substantial conflict with the proper discharge of her duties on the Barrington Board of Assessment Review. Neither the petitioner nor her employer appear to have any financial interest in decisions of the Board relating to tax appeals. Furthermore, the facts represented do not indicate any risk of impairment of the petitioner's independence of judgment as to her official duties. Accordingly, it is our opinion that the petitioner's employment with the Rhode Island Office of Municipal Affairs does not prohibit or limit her service or participation as a member of the Town of Barrington's Board of Assessment Review.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

Related Advisory Opinions:

2001-25

95-77

Keywords:

Private Employment