Advisory Opinion No. 2008-51 Rhode Island Ethics Commission Advisory Opinion No. 2008-51 Re: John R. Connors QUESTION PRESENTED The petitioner, a police officer for the Town of Burrillville Police Department, a municipal employee position, and a candidate for a position on the Pascoag Board of Fire Commissioners, a municipal elected position, requests an advisory opinion as to whether, if elected, he may simultaneously serve as a police officer in the Town of Burrillville and also as a member of the Pascoag Board of Fire Commissioners. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner, a police officer for the Town of Burrillville Police Department, a municipal employee position, and a candidate for a position on the Pascoag Board of Fire Commissioners, a municipal elected position, from simultaneously serving as a police officer in the Town of Burrillville and also, if elected, as a member of the Pascoag Board of Fire Commissioners. The petitioner advises that he is a full-time police officer in the Town of Burrillville (“Town”). He states that he is interested in running for a position on the Pascoag[1] Board of Fire Commissioners (“Board”). The petitioner informs that the Board is responsible for overseeing the operation, management, budget, and fire personnel for the Pascoag Fire District (“Fire District”). The petitioner advises that the Fire District and the Town are separate entities and his duties as a police officer would not conflict with his responsibilities as a member of the Board. Given these representations, the petitioner seeks guidance from the Commission as to whether simultaneous service as a police officer and as a member of the Board would run afoul of the Code of Ethics. 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 or 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 or employment if it is likely that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of the person’s activity, to the official, a family member, or a business associate. See R.I. Gen. Laws § 36-14-7(a). R.I. Gen. Laws § 36-14-5(b) further provides that the petitioner may not accept other employment which would impair his independence of judgment or require him to disclose confidential information acquired in the course of his official duties. Finally, the Code prohibits the petitioner from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a family member, or business associate. See R.I. Gen. Laws § 36-14-5(d). 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. 2008-33 (opining that an employee of the North Providence School Department may seek election to and serve on the North Providence Town Council while simultaneously employed by the Town of North Providence); 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 seek and accept a position on the Board while simultaneously employed by the Town as a police officer 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 the Town’s resources. Finally, this opinion solely addresses whether the Code of Ethics prohibits the petitioner from simultaneously holding these respective positions. This opinion does not, and cannot, address whether any other statutes, charters, ordinances, rulings or policies prohibit such simultaneous service. Code Citations: 36-14-5(a) 36-14-5(b) 36-14-5(d) 36-14-6 Related Advisory Opinions: 2008-33 2007-46 2007-33 2000-61 99-74 Keywords: Dual public roles [1] “Pascoag” is a village within the Town of Burrillville.