Advisory Opinion No. 2007-52 Advisory Opinion No. 2007-52 Re: Kathleen Magill QUESTION PRESENTED: The petitioner, a member of the Personnel Board of the City of Pawtucket (“the Personnel Board”), a municipal appointed position, who also serves on the Pawtucket City Democratic Ward Committee (“the Committee”), requests an advisory opinion as to whether the simultaneous holding of these two positions is prohibited by the Code of Ethics. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner is not prohibited by the Code of Ethics from simultaneously serving as a member of the Personnel Board for the City of Pawtucket (“the Personnel Board”) and serving on the Pawtucket City Democratic Ward Committee (“the Committee”). The petitioner represents that she was appointed in 2007 to serve on the five-member Personnel Board for the City of Pawtucket. Functions of the Personnel Board include the following: examining and approving or rejecting the personnel system regulations prepared by the personnel director; approving provisional appointments of the personnel director; approving arrangements for the use of the services of other agencies as provided in the charter; waiving residence requirements for employees; determining qualifications for applicants for the position of personnel director and certifying to the mayor a list of persons eligible for the position; hearing appeals from decisions of the personnel director; and investigating personnel administration concerns and submitting recommendations to the personnel director and the mayor. See Code of the City of Pawtucket, Art. IV § A-4-1100. The Personnel Board also makes nonbinding recommendations to the City Council relative to the creation and abolition of municipal employee positions, as well as salary recommendations, reclassifications of municipal employees, and changes in salary. See id. at Art. V §§ 88-6 to -9. The petitioner represents that she has been a long-standing member of the Pawtucket City Democratic Ward Committee; she states that the Committee is divided amongst seven different wards within the city, with each ward represented by a separate group of members. The petitioner states that she is not an officer, or in any other kind of leadership position that would allow her to affect the financial objectives of the Committee, but rather, is simply a basic member, whose duties involve support and endorsement of Democratic candidates in the City of Pawtucket. Under the Code of Ethics, a public official may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties in the public interest. See R.I. Gen. Laws § 36-14-5(a). An official will have an interest in substantial conflict with her official duties if she 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 actions, 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). Nothing in the Rhode Island Code of Ethics prohibits an individual who is a public servant from simultaneously being an active member of a political party. See A.O. 95-14 (finding no inherent conflict in a Pawtucket City Council member simultaneously holding a position on a city political ward committee). The Code of Ethics does not bar members of the Pawtucket Personnel Board from belonging to political committees, or any other organization. See A.O. 2007-45 (opining that a member of the Johnston Board of Canvassers was not prohibited or limited in his participation on that Board based on the status of his memberships in the Johnston Republican Town Committee and the Republican State Central Committee); A.O. 2000-20 (opining that a member of the East Providence Board of Canvassers was not prohibited from belonging to political committees, or any other organization). The Code does not address political affiliations and alliances; nonetheless, it does impose restrictions on public officials depending on the nature of their involvement in activities and organizations beyond their public duties. Provisions of the Code of Ethics prohibit public officials from acting to financially benefit themselves, family members and business associates. See, e.g., R.I. Gen. Laws §§ 36-14-5(a), (b), (c) and (d). However, the prohibitions contained in subsections 5(a), 5(b), and 5(d) of the Code are not applicable solely because of the positions held by the petitioner here. Rather, the existence of a prohibited conflict of interest requires a matter by matter analysis. In the event that a particular matter comes before the Personnel Board that may implicate the provisions of sections 5(a), (b), and (d), the petitioner should recuse or seek further guidance from the Commission. Notice of recusal should be filed with the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6. This opinion does not address whether any other statutes, rulings, or policies, specifically the City Charter of the City of Pawtucket or the Code of the City of Pawtucket, prohibit such activity. Code Citations: 36-14-5(a) 36-14-5 (b) 36-14-5 (c) 36-14-5 (d) 36-14-7(a) Related Advisory Opinions: A.O. 95-14 A.O. 2007-45 A.O. 2000-20 Keywords: Political Activity