Advisory Opinion No. 95-23

Re: John F. Thompson

This Advisory Opinion is addressed to John F. Thompson of Warwick, Rhode Island. Mr. Thompson has advised the Ethics Commission by letter of January 18, 1995, that he was recently chosen to represent district 3 of Warwick on the Warwick School Committee. As a member of the committee he will be acting on the salary and job conditions of all teachers employed by the Warwick School Department, along with approving new hires selected by an interviewing committee and recommended by the superintendent. Mr. Thompson advises us that his wife is currently employed full time as a science teacher by the Warwick School Department. He inquires as to certain activities relating to his position as a member of the School Committee.

First, Mr. Thompson inquires whether the Code of Ethics would prohibit him from voting on any particular issues because of his wife's employment by the School Department. As the Commission has advised previously, no violation of the Code of Ethics will result by virtue of the fact that a member of a school committee has a spouse who is simultaneously employed by a school department.

Mr. Thompson next requests advice as to whether the Code of Ethics would prohibit him from participating in contract negotiations which affect his wife. In answering this inquiry, we advise that the Code of Ethics will not prohibit Mr. Thompson from participating in general contract negotiations which may have an impact on his wife who is employed as a teacher. However, we specifically advise Mr. Thompson that in the event any particular matter which involves the science department or his wife specifically should come before him as a member of the School Committee, he should (a) advise the School Committee, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation or vote in connection with said matter.

Lastly, Mr. Thompson requests advice as to whether the Code of Ethics would prohibit other of his relatives from applying for posted positions in the Warwick School Department for which they are qualified. We conclude and advise that no violation of the Code of Ethics will result for Mr. Thompson by virtue of his service on the School Committee while relatives of his apply for posted positions. However, in the event any matter concerning a particular relative comes before him, we advise that he should notify the School Department in writing of the nature of his interest in the matter at issue, and recuse from any participation or vote in connection with said matter.

We remind Mr. Thompson that all recusal notices should also be filed with the Ethics Commission pursuant to R.I. Gen. Laws §36-14-6.

Keywords

Nepotism

Family: Public Employment

Contracts

Negotiations

Class Exception