Advisory Opinion No. 2007-23

Advisory Opinion No. 2007-23

Re: Miguel Luna

QUESTION PRESENTED

The petitioner, a member of the Providence City Council, a municipal elected position, requests an advisory opinion regarding whether he may accept private employment with the El Latino Expreso newspaper given that the newspaper conducts business with the City of Providence.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Providence City Council, a municipal elected position, may accept private employment with the El Latino Expreso newspaper, subject to certain restrictions, notwithstanding the fact that the newspaper conducts business with the City of Providence.

The petitioner is a member of the Providence City Council.  He represents that he has been offered employment in the sales department of the El Latino Expreso newspaper (“the newspaper”), a Spanish language weekly with circulation in Southeast Massachusetts and Rhode Island.  The petitioner states that his primary responsibility with the newspaper would be to sell advertising.  He represents that the City of Providence occasionally pays for advertisements in the newspaper, but that the City Council is not generally involved in such decisions.  Nevertheless, he asserts that upon accepting the position he would not take action or make any efforts to influence the City’s decision-making relative to advertising in the newspaper.  Furthermore, the Respondent states that he and the newspaper have agreed that he will have no part in the newspaper’s efforts to solicit any business from the City.

Under the Code of Ethics, a public official may not accept other employment that will impair his independence of judgment as to his official duties or that will require or induce him to disclose confidential information acquired in the course of his official duties.  See R.I. Gen. Laws § 36-14-5(b).  Similarly, a public official may not disclose such confidential information for pecuniary gain.  See R.I. Gen. Laws §§ 36-14-5(c).  Pursuant to R.I. Gen. Laws § 36-14-5(d), a public official is also prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a business associate, or any business by which he is employed or which he represents.  He may not engage in any employment 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).

It is our opinion that these provisions of the Code of Ethics do not impair the petitioner’s ability to accept employment with the newspaper, notwithstanding his representation that the newspaper conducts business with the City of Providence.  The aforementioned provisions of the Code do act, however, to regulate the petitioner’s conduct at the intersection of his public duties and his private employment. 

For instance, the petitioner would be prohibited from taking any action as a member of the City Council that is likely to result in a direct financial benefit to his employer.  We accept the petitioner’s representation that the City Council does not generally make decisions relating to the City’s posting of notices and advertisements in newspapers, and that if called upon to do so he would recuse from the Council’s decision-making.  Furthermore, this opinion relies on the petitioner’s further representation that he will not solicit business for his employer from those City officials who are responsible for placing public notices and advertisements. 

Code Citations

36-14-5(a)

36-14-5(b)

36-14-5(c)

36-14-5(d)

Keywords

Private Employment