Advisory Opinion No. 2007-36 Advisory Opinion No. 2007-36 Re: Peter F. Lambert QUESTION PRESENTED The petitioner, a member of the Burrillville School Committee, a municipal elected position, requests an advisory opinion as to whether he may participate in collective bargaining negotiations between the Burrillville School Committee and the Burrillville Teachers’ Association, given that the petitioner’s live-in companion’s daughter is a teacher in the Burrillville School system and a member of the Burrillville Teachers’ Association collective bargaining unit. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Burrillville School Committee, a municipal elected position, may participate in collective bargaining negotiations as a member of the Burrillville School Committee, notwithstanding that his live-in companion’s daughter is a teacher in the Burrillville School system and a member of the Burrillville Teachers’ Association collective bargaining unit. The petitioner is a member of the Burrillville School Committee. He represents that for three years he has lived with a woman whose daughter is a teacher in the Burrillville School System and is a member of the Burrillville Teachers’ Association collective bargaining unit. The petitioner further represents that he is not now, nor has he ever been, married or engaged to his live-in companion, nor are she or her daughter related to him by blood, marriage, or adoption. Finally, the petitioner states that his live-in companion’s daughter does not live at his residence. Given these representations, the petitioner seeks clarification as to whether he is permitted to participate in the school committee’s contract negotiations and its decision to approve or reject the negotiated contract. Commission Regulation 36-14-5004(b) specifically addresses the question raised by the petitioner. It reads, in pertinent part: (4) Participation in Collective Bargaining/Employee Contracts. (A) Negotiations. No person subject to the Code of Ethics shall participate in negotiations relative to an employee contract or collective bargaining which addresses or affects the employment, compensation or benefits of any person within his or her family or a household member. (B) Vote on Entire Contract. Notwithstanding the prohibition set forth in subsection 4(A), a person subject to the Code of Ethics may participate in a decision to accept or reject an entire employee contract or collective bargaining agreement as a whole, provided that the person within his or her family or household member is impacted by the contract or agreement as a member of a significant and definable class of persons, and not individually or to any greater extent than any other similarly situated member of the class. Regulation 36-14-5004(b)(4)(emphases added). Pursuant to Regulation 5004, if the petitioner’s live-in companion’s daughter is a person “within his . . . family or [is] a household member,” there are limitations on his ability to participate in the school committee’s negotiations and approval of the contract with the teachers union. See, e.g., A.O. 2007-32 (Member of the Town of Johnston School Committee was prohibited from participating in contract negotiations between the School Committee and the Johnston Federation of Teachers given that she had two first cousins that were members of the teachers union, but could participate in the school committee’s decision to accept or reject a contract already negotiated); A.O. 2007-31 (Member of the Town of Johnston School Committee was prohibited from participating in contract negotiations with the teachers union given that she had a child in theunion, but could participate in the school committee’s decision to accept or reject a contract already negotiated). Application of the above cited regulation hinges upon the definitions provided in Regulation 36-14-5004(a), which reads in pertinent part: (1) "Household member" means a person having legal residence or living in a public official's or public employee's place of residence. (2) "Any person within his or her family" means, in addition to any other definition, any person who is related to any public official or public employee, whether by blood, marriage or adoption, as any of the following: spouse, father, step-father, father-in-law, mother, step-mother, mother-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandfather, step-grandfather, grandfather-in-law, grandmother, step-grandmother, grandmother-in-law, grandson, step-grandson, grandson-in-law, granddaughter, step-granddaughter, granddaughter-in-law, uncle, step-uncle, uncle-in-law, aunt, step-aunt, aunt-in-law, niece, step-niece, niece-in-law, nephew, step-nephew, nephew-in-law, first cousin, step-first cousin and first-cousin-in-law. According to the controlling definitions and the representations made by the petitioner, his companion’s daughter is neither a “household member” nor a person within the petitioner’s family. Thus, Regulation 5004 does not prohibit the petitioner, as a school committee member, from participating in collective bargaining with the teachers union. After consideration of the relevant provisions of the Code of Ethics, past advisory opinions, and the petitioner’s own representations, it is our opinion that the petitioner may participate in both the contract negotiations and the vote on the entire contract. The petitioner is advised that this opinion solely addresses the application of the Code of Ethics to the current facts as represented by the petitioner. If the petitioner’s legal or familial relationship with his live-in companion or her daughter should change, the petitioner should seek further advice from the Commission. Code Citations: Regulation 5004 Related Advisory Opinions: 2007-32 2007-31 Keywords: Contracts Family: Public Employment Nepotism