Advisory Opinion No. 2005-30 Re: Lyman J. Williams QUESTION PRESENTED: The petitioner, a candidate for appointment to the City of Providence Board of Canvassers, a municipal appointed position, requests an advisory opinion regarding whether he may seek and accept such appointment given that his spouse is an elected member of the Providence City Council. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a candidate for appointment to the City of Providence Board of Canvassers, a municipal appointed position, may seek and accept such appointment notwithstanding that his spouse is an elected member of the Providence City Council. The petitioner states that he has expressed an interest in filling a current vacancy on the City of Providence Board of Canvassers. He notes that his spouse, Rita Williams, currently sits on the Providence City Council representing Ward 2. He seeks guidance as to whether and to what extent the Code of Ethics prohibits or limits his service on the Board of Canvassers. 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 duties 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 actions, 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). The official is further prohibited 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 business associate or a family member. See R.I. Gen. Laws § 36-14-5(d). Further, he may not represent himself or any other person before any state or municipal agency of which he is a member or by which he is employed. R.I. Gen. Law § 36-14-5(e)(1), (2). These provisions of the Code of Ethics do not bar the petitioner from serving on the Board of Canvassers by reason of his spouse's position as a City Council member. If appointed, however, the Code will regulate and limit the petitioner's performance of his official duties. As a member of the Board of Canvassers the petitioner would be in a position to make decisions that could impact an election. Because the public responsibilities of the Board of Canvassers include administering an impartial election process, the petitioner should exercise diligence in identifying any actions or decisions that would involve decision-making or discretionary authority as to the election process and he must recuse himself from participation in any matters relating to or affecting the candidacy or election of his spouse and/or other candidates running against his spouse. Such participation would constitute a substantial conflict with the discharge of his public duties and/or a use of his position for financial gain for a family member. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a) and 36-14-5(d). If and when matters involving his spouse or other City Council candidates competing for his spouse's Council seat come before the petitioner in his capacity as a member of the Board of Canvassers, he must recuse and file a statement of conflict of interest with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6. Code Citations: 36-14-5(a) 36-14-5(b) 36-14-5(d) 36-14-6 36-14-7(a) Related Advisory Opinions: 2003-69 2001-65 2000-20 2000-10 99-96 99-38 99-33 99-32 Keywords: Nepotism Political activity