Advisory Opinion No. 2004-10 Re: Harvey E. Goulet, Jr. QUESTION PRESENTED: The petitioner, a member of the Pawtucket Housing Authority Board of Commissioners and Administrative Assistant to the Mayor of Pawtucket, municipal appointed positions, requests an advisory opinion as to whether he may simultaneously serve in both positions. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner’s simultaneous service as a member of the Pawtucket Housing Authority Board of Commissioners and as Administrative Assistant to the Mayor of Pawtucket, does not, in and of itself, present a conflict of interest under the Code of Ethics. The petitioner is the Vice Chairperson of the Pawtucket Housing Authority Board of Commissioners. He represents that the Board of Commissioners, whose members are selected by the Mayor of Pawtucket and approved by the City Council, manage the operations of the Pawtucket Housing Authority (the Authority). The petitioner informs that the Authority does not receive funding from the City and is governed by the United States Department of Housing and Urban Development (HUD) rules and regulations. The Authority implements and oversees programs of HUD which provide public and “section 8” housing to residents of Pawtucket. The Authority presently manages four elderly housing units and two family units. For property under its control, the Authority pays the City a fee in lieu of taxation pursuant to HUD guidelines. Commissioners receive compensation in the amount of $100 per month. This amount is determined by the City Council. Pursuant to City of Pawtucket Personnel Ordinance 4-104, the Mayor may appoint an administrative assistant to assist him in the functions of his office, and may delegate to his administrative assistant any ministerial duties pertaining to the office of the mayor, particularly in coordinating the functions of the various departments. Petitioner represents that he receives no compensation for this position. Petitioner also represents that his duties as Vice Chairperson of the Pawtucket Housing Authority Board of Commissioners and as Administrative Assistant to the Mayor of Pawtucket are separate and distinct. Under the Code of Ethics, a public official may not participate in any matter in which he has an interest that is in substantial conflict with the proper discharge of his duties or employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). An official will have an interest in substantial conflict with his official duties if he has a 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. See R.I. Gen. Laws § 36-14-7(a). Section 36-14-5(b) further provides that a public official may not accept other employment which would impair his independence of judgement or require him to disclose confidential information acquired in the course of his official duties. Additionally, the Code of Ethics prohibits 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, a business associate or employer. See R.I. Gen. Laws § 36-14-5(d). The aforementioned provisions of the Code of Ethics do not create an absolute bar to simultaneous service as Vice Chairperson of the Pawtucket Housing Authority Board of Commissioners and as Administrative Assistant to the Mayor of Pawtucket. 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 duties in the public interest. Since the petitioner’s duties as Vice Chairperson of the Pawtucket Housing Authority Board of Commissioners and as Administrative Assistant to the Mayor of Pawtucket are separate and distinct, there is no indication that serving in both capacities would impair the petitioner's independence of judgment as to his public responsibilities. Nor is there any indication that the simultaneous service, in and of itself, creates a substantial conflict with respect to carrying out duties in the public interest. Absent some direct financial nexus between the petitioner’s actions as the Vice Chairperson of the Pawtucket Housing Authority Board of Commissioners and his actions as Administrative Assistant to the Pawtucket Mayor, no inherent conflict of interest would preclude such simultaneous service. The petitioner is cautioned, however, that if any particular matter should arise in either of these positions that could financially benefit him, then petitioner must recuse from participation and vote on such matter pursuant to R.I. Gen. Laws § 34-14-6. Furthermore, as specific matters arise that raise potential conflicts of interest, the petitioner is urged to seek further and specific advice from the Ethics Commission. Finally, the petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him from simultaneously holding these public positions. This opinion does not, and cannot, address whether the city charters or ordinances of Pawtucket, or any other statutes, rulings or policies prohibit such simultaneous service. Code Citations: 36-14-5(a) 36-14-5(b) 36-14-5(d) 36-14-6 36-14-7(a) Related Advisory Opinions: 2003-73 2003-46 2002-15 2002-1 2000-54 2000-34 99-110 Keywords: Dual public roles