Advisory Opinion No. 2008-1 Rhode Island Ethics Commission Advisory Opinion No. 2008-1 Re: Michael A. Salvadore QUESTION PRESENTED: The petitioner, a member of the Johnston Board of Canvassers (“the Board of Canvassers”), a municipal appointed position, who is also a member of the Johnston Republican Town Committee and the Republican State Central Committee, requests an advisory opinion as to whether the Code of Ethics prohibits or limits his participation in Republican Party activities, including fundraising, soliciting party memberships, making political action committee (“PAC”) and Republican Party contributions, and writing letters to the editor and editorials, given his position on the Board of Canvassers. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Johnston Board of Canvassers (“the Board of Canvassers”), is not prohibited by the Code of Ethics from participating in Republican Party fundraising, soliciting Republican Party memberships, making political action committee (“PAC”) and Republican Party contributions, or writing letters to the editor and editorials, notwithstanding his position as a member of the Board of Canvassers. The petitioner represents that he was appointed to the Board of Canvassers in 2007. As a member of the Board of Canvassers, the petitioner will be in a position to make decisions that could impact an election, given that his statutory duties include having and discharging all of the functions, powers, and duties of the town council concerning nominations, elections, registration of voters and canvassing rights, preparing and correcting of voting lists, and making and furnishing all returns or other things required by law to be made or furnished to or by city clerks, boards of canvassers, and district clerks, relative to the canvassing authority. See R.I. Gen. Laws § 17-8-5(a). The petitioner further represents that he has been a longstanding member of the Johnston Republican Town Committee and the Rhode Island Republican State Central Committee. The petitioner states that he is not an officer in either of these committees, but rather, he describes himself as merely a “rank and file” member. As such, this Commission has previously opined that the petitioner’s current membership status in these organizations does not constitute a business association with the organizations or the candidates that they endorse under the Code of Ethics. See A.O. 2007-45. In this request, the petitioner further inquires as to whether the Code of Ethics prohibits him from participating in particular partisan political activities, including fundraising, Republican Party membership solicitation, political party contributions, and letter and editorial writing, given his official status as a member of the Johnston Board of Canvassers. 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. 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 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). The Code of Ethics does not bar members of the Johnston Board of Canvassers from belonging to political committees, or any other organization. See 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 impose restrictions on public officials, however, depending on the nature of their involvement in activities and organizations beyond their public duties. Id. Additionally, provisions of the Code of Ethics prohibit public officials from acting to confer a financial benefit on themselves, family members or business associates. See, e.g., R.I. Gen. Laws §§ 36-14-5(a), (c) and (d). Nonetheless, shared political affiliations and objectives, in and of themselves, do not trigger any of the prohibitions set out in the Code. As such, the petitioner is not prohibited by the Code of Ethics from participating in fundraising for the Republican Party. However, he is cautioned and advised that pursuant to Commission Regulation 5011, he may not solicit his subordinates for political contributions. Furthermore, if the petitioner becomes financially involved, beyond a personal contribution, in the campaign of a candidate whose election falls within the jurisdiction of the Johnston Board of Canvassers, when matters involving that candidate come before him as a member of the Board of Canvassers, he should (a) advise the Board, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation and/or vote in connection with said matters. See A.O. 2001-64 (opining that a Woonsocket Board of Canvassers member may manage a mayoral candidate’s campaign, but must recuse from participation in matters relating to or affecting that candidate). Cf. A.O. 96-25 (opining that the Deputy Secretary of State was prohibited from accepting employment as a campaign consultant for a candidate for public office in Rhode Island, as such employment could impair his independence of judgment in discharging his public duties in regards to elections); A.O. 91-62 (finding that the Clerk to the Warwick Board of Canvassers could not simultaneously serve on a finance committee of a candidate for public office). Notice of recusal should be filed with both the Board of Canvassers and the Ethics Commission pursuant to R.I. Gen. Laws, § 36-14-6. Additionally, the petitioner is not prohibited by the Code, in his private capacity as a citizen, from making contributions to the Republican Party or its affiliated political action committees, from soliciting Republican Party memberships, or from writing letters to the editor or newspaper editorials as any other citizen may. Without either a relationship covered by the Code of Ethics (e.g., business associate, family, or employer) or a quid pro quo arrangement indicating that the petitioner’s judgment as a member of the Board of Canvassers would be affected, nothing in the Code of Ethics prohibits him from participating in the aforementioned political activities. The petitioner is again cautioned, however, that should his involvement or positions in the Johnston Republican Town Committee or the Republican State Central Committee change, he is encouraged to seek further guidance from the Commission as to how his duties on the Board of Canvassers may be impacted. Finally, this opinion does not address whether any other statutes, rulings, or policies, specifically the City Charter of the City of Johnston or the Town of Johnston Code of Ordinances, prohibit such activity. Code Citations: 36-14-5(a) 36-14-5(c) 36-14-5(d) Related Statutory Law: R.I. Gen. Laws § 17-8-5(a) Related Advisory Opinions: A.O. 2007-45 A.O. 2001-64 A.O. 2000-20 A.O. 99-114 Keywords : Business associate Political activity