Advisory Opinion No. 2006-23 Advisory Opinion No. 2006-23 Re: Scott K. Nelson QUESTION PRESENTED: The petitioner, a member of the Coventry Planning Commission, a municipal appointed position, requests an advisory opinion as to whether he must recuse himself from any matter before the Coventry Planning Commission involving his employer or his employer’s competitors, and whether he may appear before the Coventry Zoning Board of Review and/or the Coventry Town Council to give testimony on behalf of his employer, given that his employer is the largest residential and commercial developer in Coventry. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Coventry Planning Commission, a municipal appointed position, is required to recuse from any matter before the Planning Commission involving his employer or the interests of his employer. The Commission opines that the petitioner may appear before the Coventry Zoning Board of Review and/or the Coventry Town Council to give testimony on behalf of his employer except on matters that were previously before the Coventry Planning Commission that required his recusal. The petitioner represents that he is a member of the Coventry Planning Commission. He informs that he recently accepted private employment as a Construction Manager with the Universal Properties Group, which is Coventry’s largest residential and commercial developer. He states that his employer is currently developing the largest development project in Coventry, a business park called “Centre of New England.” He requests an advisory opinion to determine whether he must recuse himself from any matter before the Coventry Planning Commission involving his employer or his employer’s competitors, and whether he may appear before the Coventry Zoning Board of Review and/or the Coventry Town Council to give testimony on behalf of his employer. The Code of Ethics provides that a public official shall not have any interest, financial or otherwise, direct or indirect, or engage in any employment or transaction that is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest occurs if, among other reasons, the public official has reason to believe or expect that he 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. R.I. Gen. Laws § 36-14-7(a). When an official’s employer or the interests of the official’s employer appear before his agency, the official is required to recuse from participation in the matter. Commission Regulation 36-14-5002(3). Additionally, a public official also may not use his public office or confidential 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. R.I. Gen. Laws § 36-14-5(d). A public official also may not accept any reward or promise of future employment in return for or based on any understanding or expectation that his vote, official action, or judgment would be influenced thereby. R.I. Gen. Laws § 36-14-5(g). In past advisory opinions, the Commission has opined that an official is required to recuse from matters before his public body that either directly impact the official’s employer or directly impact a direct competitor of the petitioner’s employer, as such matters are also likely to financially impact the petitioner’s employer. See, e.g., A.O. 2004-38 (opining a member of the New Shoreham Town Council may not participate in either the Town Council’s review of the petitioner’s employer’s liquor license or those of his employer’s direct competitors). Accordingly, the Commission opines that the petitioner is required to recuse from the Coventry Planning Commission’s consideration of matters involving his employer and his employer’s direct competitors. The Commission also opines that the Code of Ethics does not prohibit the petitioner from appearing before the Coventry Zoning Board of Review and/or the Coventry Town Council to give testimony on behalf of this employer except on matters that were previously before the Coventry Planning Commission that required his recusal. Code Citations: 36-14-5(a) 36-14-5(d) 36-14-5(g) 36-14-7(a) Regulation 36-14-5002(3) Related Advisory Opinions: 2004-38 Keywords: Competitor(s) Private Employment Recusal