Advisory Opinion No. 2008-70 Rhode Island Ethics Commission Advisory Opinion No. 2008-70 Re: Diane S. Nobles, Ph.D. QUESTION PRESENTED The Petitioner, Vice Chairperson of the Narragansett School Committee, a municipal elected position, requests an advisory opinion as to whether she may participate in subcommittee negotiations with the bargaining unit of the Rhode Island chapter of the National Education Association, to negotiate the Narragansett teachers’ union contract, given that she is a member of the Professional Staff Association at the Community College of Rhode Island, which is also represented by the National Education Association. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Vice Chairperson of the Narragansett School Committee, a municipal elected position, may participate in subcommittee negotiations with the bargaining unit of the Rhode Island chapter of the National Education Association, to negotiate the Narragansett teachers’ union contract, notwithstanding that she is a member of the Professional Staff Association at the Community College of Rhode Island, which is also represented by the National Education Association, since she is not a business associate of either the umbrella organization or its agents assigned to represent the Narragansett teachers’ union. The Petitioner is the Vice Chairperson of the Narragansett School Committee. She represents that in her private capacity, she is employed by the Community College of Rhode Island (“CCRI”) as a project manager. The Petitioner advises that her position as a project manager for CCRI requires her to be a member of CCRI’s Professional Staff Association, which is represented by the National Education Association (“NEA”). The Petitioner states that she was asked to serve on a subcommittee and participate in contract negotiations with the bargaining unit of the Rhode Island chapter of the National Education Association (“NEARI”), to negotiate the Narragansett teachers’ union contract. Given her membership with the NEA, the Petitioner asks whether she is prohibited by the Code of Ethics from participating in the Narragansett teachers’ union contract negotiations with NEARI. Under the Code of Ethics, the Petitioner may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her 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 her official duties if she has reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of her official activity, to herself, a family member, a business associate, an employer, or any business which she represents. See R.I. Gen. Laws § 36-14-7(a). R.I. Gen. Laws § 36-14-5(d) prohibits the Petitioner from using her public position or confidential information received through her position to obtain financial gain, other than that provided by law, for herself, a family member, business associate, or any business by which she is employed or represents. R.I. Gen. Laws § 36-14-5(f) further provides that no business associate of any person subject to the Code of Ethics shall represent herself or any other person before the municipal agency of which the person is a member, unless the agency is advised of the nature of the business relationship, and the person subject to the Code recuses from voting on, or otherwise participating in, the matter. R.I. Gen. Laws § 36-14-2(3) defines a business associate as “a person joined together with another person to achieve a common financial objective.” The Commission previously has advised that public officials who are union members may participate in negotiations and disciplinary matters in their public capacity with that union, provided that it is a different local. See A.O. 2008-15 (opining that a member of the Jamestown School Committee, who is also a teacher in Little Compton and a member of the Little Compton teachers’ bargaining unit of NEARI, was not prohibited by the Code of Ethics from participating in Jamestown School Committee matters in which the NEARI representative of the Jamestown teachers’ bargaining unit was a participant); A.O. 2004-2 (concluding that a member of the Tiogue Fire District Council may negotiate and enforce a collective bargaining agreement with members of the International Association of Firefighters (IAFF) Local 3514, and participate in personnel issues and discipline hearings regarding union district personnel, notwithstanding his membership in a different IAFF Local, given that he is merely a member of the IAFF and not a business associate of that organization); A.O. 2003-74 (opining that a member of the Tiogue Fire District Board could participate in negotiations with the IAFF Local 3514 as a member of the Board notwithstanding his membership in IAFF Local 1104 by reason of his employment with the West Warwick Fire Department, given that he is merely a member of the IAFF and not a business associate of that organization); A.O. 2001-39 (finding that a South Kingstown School Committee member may participate in negotiations with the NEA/ESP when she was a member of the NEA/ACT since she was merely a member of the NEA and negotiations would be with a different local of the same umbrella organization.); A.O. 99-36 (concluding that a North Providence School Committee member may participate in negotiations since he is a member of the NEA in another district); and A.O. 96-92 (finding that a member of Rhode Island Laborers' Local 1215 who served as the Chairperson of the Westerly Housing Authority Board of Commissions could participate in the consideration of a contract with Rhode Island Laborers' Local 1217, notwithstanding the fact that he was a member of a different local of the same union since he was not a business associate of Local 1217). In an analogous advisory opinion, the Commission concluded that a South Kingstown School Committee member could participate in negotiations with the NEA South Kingstown teachers’ union and NEA Educational Support Personnel union when she was a member of the University of Rhode Island Professional Staff Association, which was also represented by the NEA, given that she was merely a member of the NEA and negotiations would be with a different local of the same umbrella organization. See A.O. 2003-18. Accordingly, and consistent with the many past advisory opinions outlined above, the Petitioner’s mere membership in the CCRI Professional Staff Association does not make her a business associate of either the umbrella organization, NEARI, or its agents assigned to represent the Narragansett teachers’ union. For these reasons, it is the opinion of the Rhode Island Ethics Commission that the Petitioner, Vice Chairperson of the Narragansett School Committee, may participate in subcommittee negotiations with the bargaining unit of the Rhode Island chapter of the National Education Association, to negotiate the Narragansett teachers’ union contract, notwithstanding that she is a member of the Professional Staff Association at the Community College of Rhode Island, since she is not a business associate of either the umbrella organization, NEARI, or its agents assigned to represent the Narragansett teachers’ union. However, if in the future the Petitioner should rise to any type of leadership position in NEARI, or obtain a status beyond that of a mere member, then she should either recuse from participating or seek further advice from the Commission. Code Citations : § 36-14-2(3) § 36-14-5(a) § 36-14-5(f) § 36-14-7(a) Related Advisory Opinions : A.O. 2008-15 A.O. 2004-2 A.O. 2003-74 A.O. 2003-18 A.O. 2001-39 A.O. 99-36 A.O. 96-92 Keywords : Business Associate Recusal Unions/Bargaining Unit