Advisory Opinion No. 2006-50 Advisory Opinion No. 2006-50 Re: James W. Archer QUESTION PRESENTED: The petitioner, the Chairperson of the Smithfield Planning Board, a municipal appointed position, requests an advisory opinion regarding whether a conflict of interest is created by reason of his simultaneous service as the Chairperson of the Smithfield Republican Town Committee. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Chairperson of the Smithfield Planning Board, a municipal appointed position, may serve in that public position notwithstanding his simultaneous service as the Chairperson of the Smithfield Republican Town Committee. The Code of Ethics does require, however, the petitioner's recusal from participation in Planning Board matters that are likely to financially impact his political committee or his fellow officers thereon. The petitioner is a member and the Chairperson of the Smithfield Planning Board ("Planning Board"). He states that he is also a member and the Chairperson of the Smithfield Republican Town Committee ("SRTC"). After it was suggested to the petitioner that simultaneously holding these two positions might create a conflict of interest, the petitioner sought guidance from the Ethics Commission. Under the Code of Ethics, a public official may not accept other employment that will either impair his independence of judgment as to his official duties or require or induce him to disclose confidential information acquired by him in the course of his official duties. See R.I. Gen. Laws § 36-14-5(b). Furthermore, 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 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 § 36-14-7(a). A business associate is defined as "a person joined together with another person to achieve a common financial objective." See R.I. Gen. Laws § 36-14-2(3). The Code of Ethics does not bar members of the Planning Board, or public officials generally, from belonging to political committees. The Code does not address or regulate political affiliations and alliances. In a recent analogous advisory opinion, the Commission opined that the Code of Ethics did not prohibit an officer of the Westerly Democratic Town Committee from seeking and accepting election to the Westerly Town Council. A.O. 2006-16. Similarly, the petitioner's position as Chairperson of the SRTC does not preclude his service on the Planning Board. However, the Code does impose restrictions on the petitioner's performance of public duties that are likely to financially impact the SRTC or his fellow SRTC officers. The Commission consistently has found that while mere membership in an organization such as a political party does not create a "business associate" relationship as defined in the Code of Ethics, such a relationship does exist for those in leadership positions since they direct the financial objectives of the organization. Specifically, in A.O. 2004-1, the Commission determined that officers of the West Warwick Democratic Town Committee are considered to be business associates under the Code of Ethics. See also A.O. 2001-72 (fellow officers of local Democratic Town Committee are business associates under Code of Ethics) As in A.O. 2004-1 and 2001-72, in this matter we opine that the petitioner's status as the Chairperson of the SRTC does not prohibit him from serving on the Planning Board. However, given his position as an officer of the SRTC the petitioner is required to recuse from matters, if any, involving the SRTC or its other officers. Notice of recusal should be filed with the Ethics Commission consistent with the provisions of R.I. Gen. Laws § 36-14-6. Code Citations: 36-14-2(3) 36-14-5(a) 36-14-5(b) 36-14-6 36-14-7(a) Related Advisory Opinions: 2006-16 2004-1 2001-72 2000-20 2000-10 99-33 99-32 98-42 94-3 Keywords: Business associates Political