Advisory Opinion No. 95-14

Re: John T. Gannon, Esq.

This advisory opinion is addressed to John T. Gannon, City Solicitor for the City of Pawtucket. Mr. Gannon has advised the Ethics Commission that a member of city council has requested advice from the Ethics Commission as to whether an elected official within a municipality may within the same city simultaneously hold a position on a ward committee.

Nothing in the Rhode Island Code of Ethics prohibits an individual who is a public servant from simultaneously being an active member of a political party. Those partisan political activities would not be restricted unless the individual holds a public duty which, by its nature, is non-partisan such as participation as a canvasser or member of the Board of Elections.

While we conclude that an elected official may simultaneously hold a position on a political ward committee, we remind Mr. Gannon that no person subject to the Code of Ethics may have any interest in substantial conflict with the proper discharge of his or her duties in the public interest. Accordingly, all official actions of the elected official must be performed in accordance with the individual's duties and responsibilities to act in the public interest.

We remind Mr. Gannon that Section 36-14-5(b) provides that no person subject to the Code of Ethics may accept employment which impairs independence of judgment as to official duties or requires any person to disclose confidential information acquired by reason of official duties. Those restrictions would apply to any individual who simultaneously holds an elected position and engages in active partisan politics.

We therefore conclude that although such duality of status does not, in and of itself, represent a violation of the Code of Ethics, we remind Mr. Gannon that such activity should be done carefully and at all times to avoid any conflicts of interest and any appearances of impropriety as prohibited under the Code of Ethics.

Keywords

Political Activitiy

Private Employment