Advisory Opinion No. 2010-60 Rhode Island Ethics Commission Advisory Opinion No. 2010-60 Re: Dawson Hodgson QUESTION PRESENTED The Petitioner, a member-elect of the Rhode Island Senate, a state elected position, requests an advisory opinion as to whether he may simultaneously serve as a member of the North Kingstown Harbor Management Commission, a municipal appointed position. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a member-elect of the Rhode Island Senate, a state elected position, from simultaneously holding office as a member of the North Kingstown Harbor Management Commission, a municipal appointed position. The Petitioner is currently a member of the North Kingstown Harbor Management Commission (“NKHMC”), a municipal appointed position. He informs that the NKHMC serves as an advisory board to the North Kingstown Town Council (“Town Council”). The Petitioner represents that the NKHMC serves as the Town’s non-binding authority on harbor policy, making recommendations to the Town Council regarding issues with the coastline and estuary waters. He further informs that his present term on the NKHMC will expire in March 2011. The Petitioner represents that he was elected to serve as Senator for District 35, which includes parts of East Greenwich, North Kingstown, and Warwick, on November 2, 2010. The Petitioner seeks advice as to whether the Code of Ethics prohibits him from simultaneously serving as a Senator and as a member of the NKHMC. Under the Code of Ethics, a public official may not participate in any matter in which he has an interest, financial or otherwise, that is in substantial conflict with the proper discharge of his duties or employment in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest exists if an official has reason to believe or expect that he, any person within his family, a business associate or an employer will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. Section 36-14-7(a). A public official or employee is also prohibited 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. Section 36-14-5(b). Finally, 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. Section 36-14-5(d). The Commission considered a similar situation in Advisory Opinion 2004-18, where a member of the Rhode Island House of Representatives sought advice as to whether he may accept employment as the solicitor for the Town of Warren. There, the Commission concluded that although there was no bar to simultaneous service as a member of the legislature and as a town solicitor, the petitioner was nevertheless required to evaluate each matter as it came before him, in his official capacities, for potential conflicts of interest. A.O. 2004-18; see also A.O. 2003-46 (opining that a Senator may accept employment as the Director of Human Resources for the Town of Cumberland); A.O. 2002-24 (opining that a Senator may accept employment as legal counsel to a municipal housing authority). In the present matter, similar to A.O. 2004-18, the Code of Ethics does not create an absolute bar to simultaneous service as a member of the Senate and as a member of the NKHMC. Rather, the above provisions require a matter by matter evaluation to determine whether substantial conflicts exist with respect to carrying out an official’s duty in the public interest. Given that the duties of a Senator and a Harbor Management Commissioner are separate and distinct, the Petitioner is not prohibited from continuing to serve on the NKHMC after he is sworn into office as a Senator. However, the Petitioner is cautioned that if any matters should come before him as he is carrying out his duties in either of his public roles that present any other potential conflict of interest, which is not otherwise contemplated in this advisory opinion, he should either request further advice from this Commission or exercise the recusal provision found at § 36-14-6. Finally, the Petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him from simultaneously holding these two public positions. This opinion does not, and cannot, address whether any other statutes, regulations, rules, charters, bylaws, 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 § 36-14-7(a) Related Advisory Opinions: A.O. 2004-18 A.O. 2003-46 A.O. 2002-24 Keywords: Dual Public Roles