Advisory Opinion No. 95-8

Re: Karen L. Jessup

This Advisory Opinion is addressed to Karen L. Jessup of Providence, Rhode Island. Ms. Jessup has advised the Ethics Commission that she served as Chairperson of the Providence Historic District Commission from 1990 through 1992. She no longer serves in that capacity.

She requests an advisory opinion regarding her ability to represent clients in her capacity as a private planner and consultant who have previously appeared before the Historic District Commission.

Ms. Jessup has further advised the Commission, both in writing and in an appearance before the Commission, as follows:

a) as chairperson of the Historic District Commission from March, 1990 through September, 1992 she was involved in site visits and commission meetings regarding property owned by a local architect at which the Commission reviewed extensive masonry work for compliance with rehabilitation standards;

b) the contractor for the masonry work is now suing the architect/property owner for payment under a contract and the owner is countersuing for lack of appropriate quality control in completing repairs to the masonry, with the case to be resolved at arbitration;

c) the architect/property owner has asked Ms. Jessup to provide preservation/consulting services in support of his case against the mason;

d) Ms. Jessup has been a preservation consultant since 1985 and a university professor in the discipline since 1987;

e) while chairperson of the Commission from 1990 to 1992 Ms. Jessup elected not to do any preservation consulting work in Providence to avoid any appearances of conflicts of interest;

f) as a preservation planner and consultant in this and other instances Ms. Jessup will not be acting as a present or former representative of the Historic District Commission, but will be acting in exclusively a private capacity; nor will she be offering opinions as to evaluations or reviews done by the Commission during her tenure as a member, or relying on any confidential information received by her in her capacity as a public official; and,

g) conservation planner and consultant is a narrow discipline with few practicing in the State of Rhode Island.

Ms. Jessup is not presently an elected or appointed public official or employee for the State of Rhode Island or any subdivision of the state. As such, she is not at this time subject to the Code of Ethics. Her request for an Advisory Opinion extends back to a position she held for 2 1/2 years, almost three years ago. She left her position as a member and chairperson of the Providence Historic District Commission in September, 1992.

Based upon extensive colloquy between Ms. Jessup and the Commission, as well as her written submission, the Commission is satisfied that none of the proceedings of the Historic District Commission while Ms. Jessup was a member were in closed, or executive session; all meetings and deliberations were open, public proceedings. In addition, no private or confidential information came into the possession of the Commission or Ms. Jessup with respect to any matters under its consideration or review. As a result, Ms. Jessup had no opportunity to receive any confidential information through her public position that would now put her at an advantage in her private endeavors. See R.I. Gen. Laws § 36-14-5(c) and (d).

The Commission also is satisfied that any private employment that Ms. Jessup has or may undertake in 1995 and beyond will not require her to present evidence or information in the capacity as former chairperson of the Historic District Commission. Rather, she will act as a conservation planner and consultant with respect to current issues, not former actions of the Commission.

Therefore, the Commission advises Ms. Jessup that she may act as a conservation planner and consultant in her private business for individuals and/or entities who appeared before the Commission during her tenure as chairperson from 1990 to 1992 and that such work does not fall within the prohibitions of the Code of Ethics. In fact, given that she left the Commission almost three years ago the potential reach of the Code of Ethics to present conduct by her is, at this juncture, limited. The Commission further advises Ms. Jessup, however, that she should seek further advice from the Commission if and when a situation arises in which she may be called upon to disclose any confidential information that may have come to her as a result of her public service and/or if and when she is called upon to offer opinion or testimony regarding actions taken by the Commission during her tenure there. Those situations may fall into the category of activities to which the Code of Ethics extends notwithstanding her departure from public service in 1992.

Keywords

Confidential Information

Post Employment