Advisory Opinion No. 2008-45 Rhode Island Ethics Commission Advisory Opinion No. 2008-45 Re: Albert P. Valliere, Jr. QUESTION PRESENTED: The petitioner, a member of the of the Woonsocket Planning Board, a municipal appointed position, requests an advisory opinion as to whether he may participate in the Planning Board’s consideration of an application by CVS Corporation to develop a store site in Woonsocket, given that the petitioner’s company performs various repair and maintenance work for the CVS Corporation. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Woonsocket Planning Board, a municipal appointed position, may not participate in the Planning Board’s consideration of an application by CVS Corporation to develop a store site in Woonsocket, given that his company performs various repair and maintenance work for the CVS Corporation. The petitioner advises that he is a member of the Woonsocket Planning Board (“Planning Board”). In his private capacity, the petitioner informs that he is the President/Owner of Nation Wide Construction Corporation. The petitioner states that his company performs repair and maintenance work at CVS Headquarters (“CVS”) as well as some of their corporately owned office buildings. The petitioner represents that as a result of his business relationship with CVS his company does receive financial compensation for the performed work. The petitioner advises that on September 2, 2008, the Planning Board will be considering an application by CVS to develop a store site in Woonsocket. As such, given his business relationship with CVS, the petitioner seeks guidance from the Commission as to whether it would be a conflict of interest for him to participate in the Planning Board’s consideration of the application brought by CVS. Under the Code of Ethics, the petitioner 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 and employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). The petitioner 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 his official activity, to himself, a family member, a business associate, an employer, or any business which he represents. See R.I. Gen. Laws § 36-14-7(a). The Code further provides that the petitioner shall not engage in any employment that would impair his independence of judgment as to his public duties. See R.I. Gen. Laws § 36-14-5(b). He also is prohibited from using his public position or confidential information received through his position to obtain financial gain for himself or any business associate, other than that provided by law. See R.I. Gen. Laws § 36-14-5(d). Additionally, no business associate of any person subject to this Code of Ethics shall represent himself before the municipal agency of which the person is a member unless the agency is advised of the nature of the relationship and the official recuses himself from voting or otherwise participating in his agency's consideration of the matter at issue. See R.I. Gen. Laws § 36-14-5(f). A business associate is defined as an individual or business joined together with another individual or business to achieve a common financial objective. R.I. Gen. Laws §§ 36-14-2(3); 36-14-2(7). In the instant matter, based upon the representations made by the petitioner, the petitioner is a business associate of CVS. Accordingly, the Commission opines that the Code of Ethics prohibits the petitioner from participating in the Planning Board’s consideration of an application by CVS to develop a store site in Woonsocket, given that his company performs various repair and maintenance work for CVS. See A.O. 2002-31 (finding that a member of the East Greenwich Planning Board may not participate in the Planning Board’s consideration of matters involving a developer where the submitted plans were prepared by a firm for which the petitioner performed consulting work). Furthermore, section 5(f) of the Code of Ethics requires the petitioner to recuse from the Planning Board’s consideration of this matter involving his business associate. Notice of recusal must be filed with the Rhode Island Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6. Code Citations : 36-14-2(3) 36-14-2(7) 36-14-5(a) 36-14-5(d) 36-14-5(f) 36-14-6 36-14-7(a) Related Advisory Opinions : 2002-31