Advisory Opinion No. 95-7

Re: Theresa J. Melvin

Pursuant to a letter dated December 13, 1994 addressed to Marilyn Hines of the Rhode Island Ethics Commission received in the Office of the Ethics Commission on December 14, 1994, from Theresa J. Melvin:

  1. Ms. Melvin serves as a member of the Cumberland Town Council. She is simultaneously employed as Administrative Assistant to the Vice President of Eagle Cornice Company, a commercial roofing company located in Cranston, Rhode Island.
  2. The Cumberland School Committee has voted to hire an architectural firm to engage in some preliminary work relating to the Town of Cumberland School Renovation Program. The Town Council must approve any appropriation for the preliminary work. At a vote to appropriate funds for preliminary work on December 14, 1994, Ms. Melvin recused from voting since her employer has from time to time placed bids through the architectural firm to do roofing projects.
  3. Ms. Melvin's private employer has done roofing projects in Cumberland over the years and has been involved in school roofing projects.
  4. Ms. Melvin requests advice as to whether she may participate and vote in matters concerning her private employer which appear before her in her capacity as a member of the Cumberland Town Council.

This Advisory Opinion is addressed to Theresa J. Melvin, member of the Cumberland Town Council. Ms. Melvin has advised the Ethics Commission that her private employment is as an Administrative Assistant to the Vice President of Eagle Cornice Company, a commercial roofing company located in Cranston, Rhode Island.

Ms. Melvin advises that in the past her employer has provided services on roofing projects in Cumberland and for the Cumberland School Department. At the present time the Cumberland School Committee has hired an architectural firm to do preliminary work in connection with the Cumberland School Renovation Program. She requests advice from the Ethics Commission as to whether she may participate or vote in matters as a member of the Town Council if they involve school projects in which her employer may have a future interest.

We advise Ms. Melvin that if any matter comes before her in which she has reason to believe that her employer is involved or may be involved as a subsequent contractor or subcontractor, she should exercise the notice and recusal sections of the statute. We remind Ms. Melvin that any contract should be awarded through an open and public process as required by R.I. Gen. Laws § 36-14-5(h), and that whenever such matter appears before her, she should (a) notify the Cumberland Town Council, in writing, of the nature of her interest in the matter at issue, and (b) recuse from any participation or voting in connection with said matter. Recusal notices as required by R.I. Gen. Laws § 36-14-6 should be also be filed with the Ethics Commission.

Keywords

Contracts

Private Employment