Advisory Opinion No. 95-22

Re: Richard A. Susi

This Advisory Opinion is addressed to Richard A. Susi of Cumberland RI. Mr. Susi, by letter dated February 2, 1995, has advised the Ethics Commission that he is employed by the Cumberland Hill Fire Department, holding the rank of Captain. In addition to his regular duties he also is the Fire Prevention Officer for the Fire Department. As such, he inspects buildings and reviews plans for new buildings and proposed subdivisions. In 1991 he received an appointment to the Cumberland Planning Board. As a Planning Board member he reviews building proposals with respect to, among other things, fire safety issues. He seeks advice as to whether these several roles present the potential or opportunity for conflicts of interest. Mr. Susi points out that the Planning Board regularly requests that developers comply with the requirements communicated to them and the Board by local fire authorities.

The Commission notes that all of the roles filled by Mr. Susi are public positions. As a result there are no private financial interests of his that are implicated in his request for advice. As a general matter there is no inherent conflict of interest that flows from Mr. Susi serving as both a Fire Prevention Officer and a member of the Planning Board. The fact that he has a particular expertise in the area of public safety/fire prevention is clearly a benefit to the Board.

Therefore, the Commission advises Mr. Susi that the Code of Ethics does not prohibit him from participating in discussions and/or votes regarding public safety issues and requirements and fire prevention issues in his capacity as a member of the Cumberland Planning Board. He may participate in such discussions and/or votes regardless of whether he or other members of his Fire Department participated in any inspections that are passed along to the Planning Board for review. The Commission cautions Mr. Susi, however, that if any matter before the Planning Board includes a challenge to an inspection performed by him in his capacity as Fire Prevention Officer that any participation and/or vote by him in such instance may constitute a violation of R.I. Gen. Laws § 36-14-5(b) which prohibits public officials and employees from having other employment that might impair his independence of judgment as to his official duties or employment.

Keywords

Dual Public Roles