Advisory Opinion No. 95-17

Re: Ernest V. Begin, Esq.

This advisory opinion is addressed to Ernest V. Begin. Mr. Begin is an attorney at law with offices in Greenville, Rhode Island. He advises the Ethics Commission that in November of 1994 he was elected and sworn into the office of Town Councilman in Smithfield. He advises that there is presently pending an application by an individual who has purchased an interest in a local restaurant, and the application seeks a transfer of a liquor license. Mr. Begin advises the Commission that the applicant is married to a client of Mr. Begin's in connection with his private practice and that a marital dispute currently exists between the parties. He requests advice as to whether he may participate or vote on the matter concerning his client's husband.

The Rhode Island Code of Ethics indicates that no individual may accept employment which impairs independence of judgment as to official duties under R.I. Gen. Laws § 36-14-5(b). In this case we conclude that Mr. Begin's responsibilities as attorney and advocate for the applicant's spouse would prohibit his ability to participate or vote on the liquor license matter as a member of the Town Council. We therefore advise Mr. Begin that in the event such matter appears before him, he should:

(a) Notify the town council 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 Mr. Begin's recusal notice should likewise be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Private Employment

Client's Interest