Advisory Opinion No. 2007-10 Advisory Opinion No. 2007-10 Re: T. Joseph Almond QUESTION PRESENTED: The petitioner, the Town Administrator for the Town of Lincoln, a municipal elected position, requests an advisory opinion regarding whether he may participate in contract negotiations between the Town of Lincoln and the International Brotherhood of Police Officers, Lincoln Lodge #435, given that he is a retired member of the Town's police department. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Town Administrator for the Town of Lincoln, a municipal elected position, may participate in contract negotiations between the Town of Lincoln and the International Brotherhood of Police Officers, Lincoln Lodge #435, notwithstanding that he is a retired member of the Town's police department, since the petitioner will not be financially impacted by such negotiations. The petitioner is the Town Administrator for the Town of Lincoln (“the Town”). He represents that the “[d]uties of the Administrator’s Office include administering labor contracts with respect to conducting negotiations, and assessing grievances with municipal employees, including police officers.” The petitioner further represents that “[f]inal approval of all collective bargaining agreements is the responsibility of the duly elected town council.” The petitioner informs that he retired from the Lincoln Police Department and its bargaining unit, Lincoln Lodge #435 (“Lodge #435”) in April of 2000. The petitioner advises that upon retiring in April of 2000, he received a defined pension and health insurance benefits which remain fixed as stipulated in the collective bargaining agreement in effect in April of 2000. The petitioner represents that the current collective bargaining agreement requires bargaining for only active full time police officers. The petitioner further represents that “[t]he agreement provides no collective bargaining obligation by the town related to retirement benefits for police retirees. Only current employees (i.e. future retirees) are covered under the current collective bargaining agreement.” The petitioner states that although it is conceivable that Lodge #435 would seek to negotiate on behalf of existing retirees as a permissive subject of collective bargaining, such negotiations have “never occurred in the Town of Lincoln and rarely occurs in public sector labor relations.” However, the petitioner represents that if such negotiations were to occur, the petitioner will recuse himself. The petitioner represents that he would not introduce proposals related to previously employed, now retired police officers. Moreover, the petitioner states that any action to alter the compensation of retired Lincoln police officers would be the exclusive duty of the town council. Given these representations, the petitioner asks whether the Code of Ethics permits his participation in these contract negotiations. 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. R.I. Gen. Laws § 36-14-5(a). An official has 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 the public official’s activity, to the official, his family member, his business associate, his employer or any business by which he is employed or which he represents. R.I. Gen. Laws § 36-14-7(a); Regulation 36-14-7001. Furthermore, a public official may not use his public office or confidential information received through his office to obtain financial gain, other than that provided by law, for himself, his family member, his business associate, his employer or any business he represents. R.I. Gen. Laws § 36-14-5(d). In his correspondence and in conversations with Commission staff, the petitioner has clearly represented that he does not stand to be financially impacted by the collective bargaining negotiations. For this reason, the aforementioned provisions of the Code of Ethics do not require his recusal from participation in contract negotiations between the Town and Lodge #435. Compare A.O. 2005-28 (opining that the Mayor of the Town of Cumberland could not participate in contract negotiations between the Town and the Fraternal Order of Police given his representations that as a retired member of the Town’s police department he would be financially impacted by changes to the retirement sections of the police contract). Accordingly, the Commission opines that the petitioner may participate in contract negotiations between the Town of Lincoln and the International Brotherhood of Police Officers, Lincoln Lodge #435, notwithstanding that he is a retired member of the Town's police department and a former member of Lincoln Lodge #435, since he will not be financially impacted by such negotiations. Code Citations : 36-14-5(a) 36-14-5(d) 36-14-7(a) Regulation 36-14-7001 Related Advisory Opinions : 2005-28 2004-16 Keywords : Financial Interest