Advisory Opinion No. 2007-15

Advisory Opinion No. 2007-15

Re:  Jeremiah T. O’Grady

QUESTION PRESENTED:

The petitioner, a member of the Lincoln Town Council, a municipal elected position, requests an advisory opinion regarding whether he may participate in Council discussions and voting relative to amendments to the Town Zoning Ordinance relating to affordable housing.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Lincoln Town Council, a municipal elected position, may participate in Council discussions and voting relative to amendments to the Town Zoning Ordinance relating to affordable housing.

The petitioner is a member of the Lincoln Town Council.  He represents that presently before the Council are proposed amendments to the Town Zoning Ordinance, prepared by the Town Planner and a zoning consultant, designed to help the Town implement an affordable housing plan required under state law.  Generally, these amendments would mandate that future subdivisions and housing development projects reserve a certain percentage of units for affordable housing.

The petitioner states that in his private capacity he is employed as a Real Estate Project Manager by Olneyville Housing Corporation, a 501(c)(3) non-profit community development corporation whose mission is the revitalization of Providence's Olneyville neighborhood through, among other things, the expansion of affordable housing opportunities.  Significantly, the petitioner represents that his employer does not operate in the Town of Lincoln.

Given his employment with Olneyville Housing Corporation, the petitioner asks whether the Code of Ethics limits or prohibits his participation in the Lincoln Town Council's consideration of the proposed, affordable housing amendments to the Zoning Ordinance.

Under the Code of Ethics, a public official may not participate in any matter in which he has an interest which is in substantial conflict with the proper discharge of his duties or employment 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 § 36-14-7(a).  Section 36-14-5(d) further prohibits an official from using his position or confidential information received though his position to obtain financial gain, other than that provided by law, for himself or any business associate, or any business by which the person is employed or which the person represents.  Finally, 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).

Here, the petitioner's employer clearly is interested in the expansion of affordable housing in the Olneyville neighborhood of Providence.  However, the petitioner represents that his employer has no financial interest in the construction of affordable housing in the Town of Lincoln.  For that reason, we find no reason to believe or expect that the petitioner's employment is in substantial conflict with his participation in affordable housing issues as a member of the Lincoln Town Council.  Accordingly, the Code of Ethics does not require the petitioner's recusal from the Town Council's consideration of the proposed, affordable housing amendments to the Zoning Ordinance.

Code Citations :

36-14-5(a)

36-14-5(d)

36-14-7(a)

Keywords :

Private Employment