Advisory Opinion No. 2005-68 Re: The Honorable Michael T. Napolitano QUESTION PRESENTED: The petitioner, a judge of the Cranston Municipal Court, a municipal appointed position, and a possible candidate for Mayor of the City of Cranston, requests an advisory opinion as to whether he must resign or take a leave of absence from the Cranston Municipal Court to run for Mayor. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a judge of the Cranston Municipal Court, a municipal appointed position and a possible candidate for Mayor of the City of Cranston, is neither required to resign nor take a leave of absence from his appointed position as a judge of the Cranston Municipal Court in order to run for Mayor of the City of Cranston. The petitioner advises that he was appointed by the Cranston Town Council as a part-time judge of the Municipal Court in 1998 and was reappointed in 2002 and 2004. The petitioner informs that he is considering announcing his candidacy for Mayor of the City of Cranston and requests guidance from the Commission as to whether the Code of Ethics requires him to either resign or take a leave of absence from his municipal position to run for Mayor. The petitioner expressly represented that he will not use public resources or time for his private political activity. He further represents that he will not solicit political contributions from his subordinates at the Municipal Court or from those appearing before him. Under the Code of Ethics, a public official shall not use his public office or information received from his public office to obtain financial gain, other than that provided by law, for himself, a family member, business associate or private employer. See R.I. Gen. Laws § 36-14-5(d). A public official may not have any 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 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 §§ 36-14-5-7(a). Further, the Code provides that a public official shall not solicit or accept gifts, loans, campaign contributions, or a promise of future employment based on any understanding that his vote, official action, or judgment would thereby be influenced. See R.I. Gen. Laws §§ 36-14-5(g)(l). Moreover, Commission Regulation 5011 prohibits individuals subject to the Code from soliciting political contributions, either directly or through a surrogate, from a subordinate over whom he exercises supervisory responsibilities in the course of his or her official duties. See Commission Regulation 36-14-5011. The petitioner expressly represents that he will not use public resources or time for his political activity and that he will not solicit political contributions from his subordinates or from persons appearing before him. Here, based upon the petitioner’s representations, the Code of Ethics does not require the petitioner to resign or take a leave of absence from his position as a judge of the Cranston Municipal Court. However, the petitioner is cautioned that this opinion does not, and cannot, address whether any municipal charter or ordinance, or any statute, agency regulation, ruling, policy or canon of judicial conduct prohibits such activity. The petitioner is further cautioned that he should recuse in accordance with R.I. Gen. Laws § 36-14-6 if any matter comes before him in his official capacity which concerns other mayoral candidates or the mayoral election in general. Code Citations: 36-14-5(a) 36-14-5(d) 36-14-5(g) 36-14-5(1) 36-14-5011 36-14-6 36-14-7(a) Related Advisory Opinions: 2005-42 2002-35 2001-64 98-144 Keywords: Political activity Solicitations Transactions with subordinates