Advisory Opinion No. 95-20

Re: The Honorable Nancy C. Hetherington

This Advisory Opinion is addressed to Nancy C. Hetherington, Representative - District 28, and a member of the House of Representatives for the State of Rhode Island. Representative Hetherington has advised the Commission by letter that she is an employee of a non-profit community based organization known as the Dorcas Place Parent Literacy Center and that the center receives funding from the legislature. She requests advice as to whether she may participate or vote on issues relating to that funding. Because of her private employment interests, we find and conclude that in the event matters specifically relating to the Dorcas Place Parent Literacy Center come before her as a member of the House of Representatives, she should (a) notify the House of Representatives, in writing, of the nature of her interest in the matter at issue, and refrain and recuse from any participation or voting in connection with said matters. Notices of recusal should likewise be filed with the Rhode Island Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

We further advise Representative Hetherington that her private employment interest with respect to the Dorcas Center does not in and of itself prohibit her from participating in discussions and votes regarding the state budget generally, notwithstanding the fact that some of the funding within the budget may affect the Dorcas Center. In those instances we advise Representative Hetherington that it may be appropriate for her to file a notice, in accordance with R.I. Gen. Laws

§ 36-14-6, stating that while she may have a potential conflict "she is able to vote and otherwise participate fairly, objectively and in the public interest" as to consideration of the overall state budget.

Representative Hetherington also requests advice as to a certain conference which she attended, and which was held for newly elected women legislators. Advisory Opinions may only deal with future conduct or continuing conduct by appointed or elected officials. In this case we respectfully decline to advise Ms. Hetherington as to her prior activities which have now concluded. We would recommend that in the event Ms. Hetherington is offered future expense-paid activities, she should seek further advice or information from the Ethics Commission prior to acceptance of such benefit to ensure compliance with the Rhode Island Code of Ethics.

Keywords

Private Employment

Appropriations

Budgets