Advisory Opinion No. 2004-18

Re: Fausto C. Anguilla

QUESTION PRESENTED

The petitioner, a member of the Rhode Island House of Representatives, a state elected position, requests an advisory opinion as to whether he may seek and accept employment as the Solicitor for the Town of Warren while serving as a member of the General Assembly.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner, a member of the Rhode Island House of Representatives, a state elected position, from seeking and accepting employment as the Solicitor for the Town of Warren while serving as a member of the General Assembly.

The petitioner informs that he is a state legislator representing District 68 which includes parts of Bristol and Warren. The petitioner advises that the Town of Warren publicly advertised an opening for the position of Town Solicitor and scheduled interviews in relation thereto. The petitioner represents that he applied for this position, would like to interview for this position and, if offered this position, would like to accept it.

Under the Code of Ethics, a public official may not accept other employment which would impair his independence of judgment or require him to disclose confidential information acquired in the course of his official duties. See R.I. Gen. Laws § 36-14-5(b). Additionally, the Code of Ethics 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, a business associate or employer. See R.I. Gen. Laws § 36-14-5(d). Pursuant to R.I. Gen. Laws § 36-14-5(a), 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. A substantial conflict of interest occurs if he has reason to believe or expect that he or any family member or business associate, or any business by which he is employed, will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. See R.I. Gen. Laws § 36-14-7(a).

The aforementioned provisions of the Code of Ethics do not create an absolute bar to simultaneous service as a member of the General Assembly and as a town solicitor. 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. Given that the duties of a state legislator and town solicitor are separate and distinct, absent some other relationship, or unless some issue came before one of the forums in which the petitioner serves that directly impacted the other, no conflicts of interest under the Code of Ethics appear to be present. See, e.g., A.O. 92-71 (opining that the Code of Ethics does not prohibit the petitioner, a state legislator representing West Warwick, from simultaneously serving as the West Warwick Assistant Solicitor and a member of the General Assembly). Accordingly, the petitioner is not prohibited from applying for, interviewing for, or accepting a position as the Town Solicitor for the Town of Warren.

Finally, the petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him from simultaneously holding these two public positions. This opinion does not, and cannot, address whether any other statutes, charters, ordinances, rulings or policies prohibit such simultaneous service.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

2001-66

99-77

99-12

98-37

97-31

97-23

92-71

Keywords:

Dual public roles