Advisory Opinion No. 2008-33 Rhode Island Ethics Commission Advisory Opinion No. 2008-33 Re: Lance Mantia QUESTION PRESENTED The petitioner, a custodian in the North Providence School Department (“School Department”), a municipal employee position, requests an advisory opinion as to whether he is prohibited by the Code of Ethics from seeking election to and serving on the North Providence City Council (“City Council”), while simultaneously serving as a municipal employee. RESPONSE It is the opinion of the Ethics Commission that the petitioner, a custodian in the North Providence School Department (“School Department”), a municipal employee position, is not prohibited by the Code of Ethics from seeking election to and serving on the North Providence City Council (“City Council”), while simultaneously serving as a municipal employee. The petitioner is a custodian in the North Providence School Department. He requests an advisory opinion as to whether he is prohibited by the Code of Ethics from seeking election to the North Providence City Council while serving as a municipal employee. Under the Code of Ethics, a public official or employee 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 it is likely 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, employer, business associate, or a business that he represents. See R.I. Gen. Laws § 36-14-7(a). Also, R.I. Gen. Laws § 36-14-5(b) prohibits a public official or employee from accepting other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties. Finally, R.I. Gen. Laws § 36-14-5(d) provides that a public official may not use his office for pecuniary gain, other than provided by law, for himself, a family member, employer, business associate, or a business that he represents. The Code of Ethics does not create a blanket prohibition against municipal employees running for elective office, whether at the state or municipal level. See A.O. 2007-46 (opining that the City Clerk for the City of Central Falls may seek election to the Central Falls City Council while simultaneously employed as City Clerk); A.O. 2000-61 (opining that an employee of the Foster School Department may seek election to and serve on the Foster Town Council); A.O. 99-74 (opining that the Confidential Secretary to the Lincoln Superintendent of Schools was not prohibited by the Code of Ethics from running for a position on the Lincoln School Committee). Thus, consistent with these prior advisory opinions, it is the opinion of the Ethics Commission that that the petitioner may campaign for the office of City Council while simultaneously employed by the School Department as a custodian and that doing so does not, in and of itself, present an inherent conflict of interest under the Code of Ethics. The law does provide, however, that persons subject to the Code may not use their public positions for private gain or financial advantage and may not participate in public decisions when their independence of judgment has been impaired because of a private interest. See R.I. Gen. Laws §§ 36-14-5(a), (b) and (d). Additionally, the petitioner is cautioned that provisions of the Code of Ethics prohibit him from using any public time or resources to support his candidacy. See A.O. 2007-33 (opining that a Program Coordinator for Rhode Island Housing may run for a position on the Central Falls City Council, but must refrain from using public time or resources to support her candidacy). All campaign-related activity must be conducted on his own time and without the use of North Providence city resources. Furthermore, while a public official in the petitioner’s circumstances, if elected, may participate in and vote on the city’s budget, he may not vote on or discuss those matters in which it is reasonably foreseeable 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, employer, business associate, or a business that he represents. See R.I. Gen. Laws § 36-14-7(a). Notice of recusal should be filed with both the City of North Providence and the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6. Thus, if elected, the Commission encourages the petitioner to seek further guidance as to whether any particular matter creates a conflict of interest that requires such recusal. Finally, the Petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him, as a municipal employee, from seeking or holding office as a member of the North Providence City Council. This opinion does not address whether any other statutes, rulings, policies, charters, or ordinances prohibit such activity. Code Citations : § 36-14-5(a) § 36-14-5(b) § 36-14-5(d) § 36-14-6 Related Advisory Opinions : A.O. 2007-46 A.O. 2007-33 A.O. 2000-61 A.O. 99-74 Keywords : Dual Public Roles Election