Advisory Opinion No. 2006-35 Advisory Opinion No. 2006-35 Re: Robert W. Martin QUESTION PRESENTED The petitioner, an eGovernment Specialist for the City of Warwick, a municipal employee position, requests an advisory opinion as to whether in his private employment he can provide computer related services to municipal agencies and to candidates seeking elected office in the State of Rhode Island. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the petitioner, an eGovernment Specialist for the City of Warwick, a municipal employee position, may provide computer related services, in his private employment, to municipal agencies and to candidates seeking elected office in the State of Rhode Island, provided that (1) his private business does not relate to his official duties, (2) he completes the work on his own time without the use of public resources, and (3) the nature of his work does not require him to appear before his own agency. The petitioner advises that he is the eGovernment Specialist for the City of Warwick (hereinafter “the City”). He represents that his primary responsibilities are to conceptualize, program, maintain, and implement the entire internet presence for the City. The petitioner states that he also creates graphics and assorted electronic literature and provides internet support for the City. The petitioner represents that in his private capacity he owns eGovernment Resources, a business he operates out of his home in Old Saybrook, Connecticut. He informs that eGovernment Resources is a web design business which provides cost-effective web designs for municipalities, boards and commissions, quasi-government agencies, non-profit/professional organizations, and small businesses. The petitioner informs that he has been approached to design a campaign website for an individual running for elected office in the State of Rhode Island. He inquires whether it would be a violation of the Code of Ethics if he provided web design services to municipalities in Rhode Island or to a candidate seeking elected office in Rhode Island. Under the Code of Ethics, a public official or employee may not accept other employment that will either impair the independence of his judgment as to his official duties or employment, or that would require him to disclose confidential information acquired in the course of his official duties. R.I. Gen. Laws § 36-14-5(b). In addition, a public official or employee 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. R.I. Gen. Laws § 36-14-5(a). A public official or employee will have an interest in substantial conflict with his official duties if it is reasonably foreseeable that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of his activity, to himself, a family member, a business associate, or any business by which he is employed or which he represents. R.I. Gen. Laws § 36-14-7(a); Regulation 36-14-7001. The Code also provides that a public official or employee may not use his office or position to obtain financial gain for himself, a family member, a business associate, an employer, or any business that he represents. R.I. Gen. Laws § 36-14-5(d). In previous advisory opinions, the Commission has given its approval to public employees to accept outside employment provided that (1) the public employee’s official duties did not directly relate to his private employment, (2) the public employee completed such work outside of his normal working hours, and (3) the public employee did not appear before his own agency. See A.O. 2004-24 (member of City of Cranston Fire Department, a municipal employee position, and an Assistant Deputy State Fire Marshal, a state appointed position, may provide consulting services relating to fire safety and code compliance outside of Cranston). Here, the petitioner represents that his private business does not relate to his official duties, that he would complete the work on his own time without the use of public resources, and that the nature of his work would not require him to appear before his own agency. Accordingly, the Commission opines that, provided that the petitioner adheres to his representations, his private employment would be in compliance with the Code of Ethics. However, the petitioner is cautioned that this opinion solely addresses the Code of Ethics and does not, and cannot, address whether the City of Warwick policies or regulations, or any other statutes, rulings or policies prohibit such simultaneous employment. Code Citations : 36-14-5(a) 36-14-5(b) 36-14-5(d) 36-14-5(e)(1)-(3) 36-14-5(f) 36-14-7(a) Regulation 36-14-7001 Related Advisory Opinions : 2004-24 2003-67 2003-51 2003-28 Keywords : Private employment