Advisory Opinion No. 95-13

Re: Mr. Richard B. Iannitelli

This advisory opinion is addressed to Richard B. Iannitelli of Smithfield, Rhode Island. Mr. Iannitelli has advised the Ethics Commission that he holds a position as a member of the Smithfield School Committee. He advises the Ethics Commission that his sister-in-law and brother-in-law have a child within the school department and that the child has special needs for which a petition is presently pending relating to said needs. Mr. Iannitelli advises that the matter is currently pending before the Rhode Island Department of Education and that his school committee may be acting on such matter at some point in the future. He requests advice as to whether he may participate or vote in such a matter.

The nepotism regulations prohibit benefits to siblings related by marriage. In this case we find and conclude that a benefit would result to Mr. Iannitelli's brother-in-law and sister-in-law relating to the present application regarding a special needs request for a child of that brother-in-law and sister-in-law. We therefore conclude that whenever such a matter comes before Mr. Iannitelli as a member of the Smithfield School Committee he should:

(a) Notify the school committee as to the nature of his interest in the matter at issue;

(b) Recuse from any participation or voting in connection with said matter.

A copy of his recusal notice shall also be filed with the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6.

Keywords

Nepotism

Family: Financial Benefit