Advisory Opinion No. 2008-56

Rhode Island Ethics Commission

Advisory Opinion No. 2008-56

Re: Cynthia Bernard

QUESTION PRESENTED:

The Petitioner, a member of the Foster School Committee, a municipal elected position, requests an advisory opinion as to whether she must recuse herself when the interests of her employer appear before the School Committee.          

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the Foster School Committee, a municipal elected position, must recuse herself when the interests of her employer appear before the School Committee.

The Petitioner represents that in November of 2008, she was elected to the Foster School Committee (“School Committee”).  In her private capacity, the Petitioner states that she has been employed as a bus monitor by First Student Transportation (“employer”) in the Town of Foster (“Town”) for the past eight (8) years.  During a telephone conversation with staff, the Petitioner informed that her employer currently has a contract with the Town that is due to expire in 2009.  Given her private employment, the Petitioner asks what limitations are imposed by the Code of Ethics when her employer’s interests appear before her as a member of the School Committee.

The Code of Ethics provides that when an official’s employer or the interests of the official’s employer appear before her agency, the official is required to recuse from participation in the matter.  Commission Regulation 36-14-5002(3).  In addition, a public official shall not have any interest, financial or otherwise, direct or indirect, or engage in any employment or transaction that is in substantial conflict with the proper discharge of her duties in the public interest.  R.I. Gen. Laws § 36-14-5(a).  A substantial conflict of interest occurs if, among other reasons, the public official has reason to believe or expect that she or any business by which she is employed will derive a direct monetary gain or suffer a direct monetary loss by reason of her official activity.  R.I. Gen. Laws § 36-14-7(a).  Finally, a public official also may not use her public office or confidential information received from her public office to obtain financial gain, other than that provided by law, for herself, a family member, business associate or private employer.  R.I. Gen. Laws § 36-14-5(d). 

These provisions of the Code of Ethics prohibit the Petitioner from participating in any School Committee matter involving her employer or the interests of her employer.  See A.O. 2006-23 (opining that a member of the Coventry Planning Commission is required to recuse from any matter involving his employer or the interests of his employer). 

Accordingly, the Commission opines that the Petitioner, a member of the Foster School Committee, must recuse herself when the interests of her employer appear before the School Committee.  Notice of recusal should be filed in accordance with R.I. Gen. Laws § 36-14-6.

Code Citations :

36-14-5(a)



36-14-5(d)

36-14-5(g)

36-14-6



36-14-7(a)

Regulation 36-14-5002(3)

Related Advisory Opinions :

2006-48

2006-23

2004-38

Keywords :

Private Employment

Recusal