Advisory Opinion No. 95-16

Re: Barbara A. Rayner

This advisory opinion is addressed to Barbara Rayner, Director of Coventry Department of Human Services. Ms. Rayner advises that on March 21, 1994 she was appointed by former Governor Sundlun to serve on the Paratransit Task Force. Ms. Rayner advises that her employer is a transportation provider of Paratransit's services.

Ms. Rayner has advised the Commission that the Task Force is preparing a request for proposals (RFP) for providers of transportation. Her agency is a provider and intends to respond to the request for proposals. She asks advice as to whether she may participate or vote in matters concerning providers for transportation in light of her duality of status.

We conclude that Barbara A. Rayner's status as an employee of a transportation provider of Paratransit's services and, her simultaneous service as a member of the Paratransit Task Force results in a conflict with particular reference to the Task Force's decision to review proposals for providers of transportation.

Under the circumstances, we advise Ms. Rayner that she should immediately recuse and refrain from any further participation or voting in connection with matters appearing before her as a member of the Paratransit Task Force relating to review of applications or proposals for providers of transportation. We advise Ms. Rayner that a statement as to her conflict should be filed pursuant to R.I. Gen. Laws § 36-14-6 with both the Paratransit Task Force and with the Rhode Island Ethics Commission.

Keywords

Contracts

Dual Public Roles