Advisory Opinion No. 95-29

Re: Stephen Durand

A. QUESTION PRESENTED

Whether a volunteer member of two advisory boards in the City of Pawtucket, the Pawtucket Parks Commission and the Pawtucket Riverfront Commission, may apply for a loan through the "Pawtucket Local Commercial and Development Corporation," a loan program that involves both City of Pawtucket officials and funding.

B. SUMMARY

Stephen Durand's service on two advisory boards in the City of Pawtucket does not, under any provisions of the Code of Ethics, prohibt him from applying for financing for a business acquisition through the "Pawtucket Local Commercial and Industrial Development Corporation," a loan program that involves both City of Pawtucket officials and funding. Neither of the boards on which Mr. Durand serves has any involvement with or authority over the Corporation. Therefore, no possibility exists that Mr. Durand's public duties and responsibilities could influence, or be influenced by, his applying for financing through the Corporation's loan program.

C. DISCUSSION

1. Facts

Stephen Durand serves as Chairman of the City of Pawtucket's Parks Commission, which functions as an advisory body to the Pawtucket City Council. He also serves on the Pawtucket Riverfront Commission, which serves as an advisory body to the Mayor regarding the waterfront in Pawtucket and potential uses. His appointments to the commissions are by the City Council and the Mayor, respectively.

As part of a private financial deal being considered by Mr. Durand he may seek financing for a business acquisition through the "Pawtucket Local Commercial and Industrial Development Corporation." The Corporation offers loan programs as a means of stimulating economic development in Pawtucket. Decisions about prospective loans and programs are made by a loan review committee. Neither the Parks Commission nor the Riverfront Commission has an involvement with or authority over the Corporation, although the program does involve both City of Pawtucket officials and funding.

2. Analysis

The Code of Ethics prohibits public officials, including those serving on voluntary boards and commissions, from taking official actions that are affected by private financial interests. See R.I. Gen. Laws 36-14-5(a), (b) and (d). The Code also bars public officials from appearing before agencies of which they are members or by which they are employed (R.I. Gen. Laws 36-14-5(e)), as well as before agencies over which they exercise fiscal or jurisdictional control. Commission Regulation 5008.

In the present case, Mr. Durand's involvement with two advisory commissions in the City of Pawtucket offers no potential for his being involved with or influencing a decision on a loan application that may be presented by him to the "Pawtucket Local Commercial and Industrial Development Corporation." Quite to the contrary, and not surprisingly, the Corporation operates entirely independent of any potential influence by either the Parks Commission or the Riverfront Commission. Nothing presented to this Commission regarding the scope of Mr. Durand's responsibilities as a volunteer member of the two advisory boards, or about the nature of the Corporation and its loan programs, indicate any public actions or decisions that have even a remote chance to implicate provisions of the Code of Ethics. We therefore conclude that Mr. Durand may submit a loan application to the Corporation while continuing his service both on the Parks Commission and on the Riverfront Commission.

Keywords

Government Loans