Advisory Opinion No. 95-2

Re: Carmine J. Goneconte

Pursuant to a letter dated October 27, 1994 received in the Office of the Ethics Commission on October 28, 1994, from Carmine J. Goneconte:

1. Carmine J. Goneconte is a resident of Johnston, Rhode Island. He serves as a member of the Town of Johnston Planning Board. He is simultaneously employed by the Narragansett Bay Commission. His employment responsibilities are as manager of treatment for the Fields Point Waste Water Treatment Facility located in Providence, Rhode Island.
2. His day-to-day work responsibilities do not involve the sewage system in the Town of Johnston, nor does he interact with any Town officials concerning sewer issues in the Town.
3. The function of the Town Planning Board is to guide and plan for the Town's physical growth and development. Mr. Goneconte requests advice as to whether he may simultaneously serve as a member of the Johnston Planning Board, and as a employee of the Narragansett Bay Commission.

This Advisory Opinion is addressed to Carmine J. Goneconte. Mr. Goneconte is a resident of Johnston. He advises the Ethics Commission that he has recently been appointed to the Town of Johnston Planning Board. The function of the Planning Board is to guide and plan for the Town's physical growth and development.

Mr. Goneconte's private employment is with the Narragansett Bay Commission. He is employed as manager of treatment for the Fields Point Waste Water Treatment Facility located in Providence, Rhode Island. His duties and responsibilities involve management and supervision of that facility. As such, he has no involvement in issues involving the sewerage system in the Town of Johnston, nor does he interact with any town officials concerning any such problems within the municipality. He requests advice as to whether he may simultaneously serve in such duality of status under the Code of Ethics.

Upon review, we conclude that no violation of the Code of Ethics will result for Carmine J. Goneconte solely by virtue of the fact that he simultaneously serves as a member of the Johnston Planning Board and as an employee of the Narragansett Bay Commission, engaged as manager of treatment for the Fields Point Waste Water Treatment Facility in Providence. We conclude no violation based upon assurance by Mr. Goneconte that his employment responsibilities do not cause him to interact with any town officials within Johnston, nor do his employment responsibilities involve interaction with the Planning Board of the Town of Johnston.

We caution and advise Mr. Goneconte in the event his duality of status should ever impair his independence of judgment as to his official duties or cause him to disclose confidential information acquired by him by reason of his official duties, he should (a) notify the Johnston Planning Board, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation or voting in connection with said matter.

Keywords

Dual Public Roles