Advisory Opinion No. 95-27

Re: Byron J. Hall

This Advisory Opinion is addressed to Byron J. Hall of Portsmouth, Rhode Island. Mr. Hall advises the Ethics Commission that he presently serves as President of the Portsmouth Town Council. He advises that the Town Council also serves as the zoning board for the municipality.

Mr. Hall indicates that a request may be heard before the zoning board in connection with the rezoning of a certain parcel of land from heavy industry to residential. He indicates that he resides across the road from this land and has been notified of the application in his capacity as an abutting property owner. He requests advice as to whether he may participate in the hearing in his capacity as a member of the Town Council.

Because of Mr. Hall's status as an abutting property owner to the subject property, we conclude that his personal vested property rights may be affected as a result of the decision of Town Council sitting as the zoning board. Accordingly, we advise Mr. Hall that whenever such a matter appears before him as a member of the Town Council he should (a) notify the Town Council, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participating or vote as a Council member in connection with said matter.

Although we advise Mr. Hall that he may not participate or vote as a member of the Town Council, we believe that as an affected property owner he may represent himself before the agency if he so chooses in support of or in objection to the application. We remind Mr. Hall that such appearance is to be made as a property owner appearing before the Board, and not as a member of the Board.

Mr. Hall's recusal notice as a member of the Town council in connection with the matter should also be filed with the Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6.

Keywords

Property Interest