Advisory Opinion No. 95-15

Re: Gary R. Lapierre

This advisory opinion is addressed to Gary R. Lapierre of Woonsocket, Rhode Island. Mr. Lapierre advises that he is employed with the Woonsocket Education Department as a full-time school custodian and is a member of the collective bargaining unit. He advises that he is considering seeking an elected position as a member of the City Council or the School Committee for the City of Woonsocket. He requests advice as to whether he may seek or obtain said position while he is simultaneously employed by the Woonsocket Education Department.

As we have concluded in the past in connection with applications by teachers or spouses of teachers who wish to serve on school committees, no violation of the Code of Ethics will result for Gary Lapierre, employee of the Woonsocket Education Department, in the event he may simultaneously seek or be elected to serve as a member of the Woonsocket City Council or School Committee.

We advise Mr. Lapierre that he may participate and vote on school issues generally or school budgets. However, we caution and advise him that as to any specific matter concerning the School Custodians, or if any matter concerning his particular employment should come before him as a member of the City Council or School Committee, he should:

(a) Advise the appropriate department, in writing, the nature of his interest in the matter at issue; and

(b) Recuse from any participation or voting in connection with said matter. Notice of any recusal should also be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Dual Public Roles

Candidate

Class Exception