Advisory Opinion No. 95-32

Re: Richard Bisbano

This Advisory Opinion is addressed to Richard Bisbano, Building Official for the Town of Bristol, Rhode Island. Mr. Bisbano advises that in his capacity as Building Official he is called upon to review plans and inspect buildings for issuance of building permits and certificates of occupancy. Mr. Bisbano advises that his son is a registered architect in the State of Rhode Island and that his son may be involved as designer or architect in connection with structures located within Bristol, Rhode Island.

Mr. Bisbano advises that plan reviews and drawings submitted by his son have been reviewed by a building official of another town and that Mr. Bisbano recused himself from any and all participation or involvement relating to such plans. He now requests advice as to whether he may inspect the building in which his son was a designer of the structure.

The Code of Ethics advises that no person subject to the Code of Ethics shall use his public office to obtain financial gain other than provided by law for himself or any person within his or her family. Since inspection of buildings for purposes of issuance of permits and certificates of occupancy may have financial implications for the architect who designed the building, we conclude that the Code of Ethics will not permit Mr. Bisbano to inspect the building within the municipality in which his son performed services as an architect.

As in the case of review of plans, we likewise advise Mr. Bisbano that he should take steps to have a building official of another town inspect any buildings in which his son was designer of the structure located within the Town of Bristol, Rhode Island for purposes of permits, certificates or other official activities. Relating to any of such construction projects, we advise Mr. Bisbano that he should (a) notify the Town of Bristol, Rhode Island, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation or activity relating to said matter. We remind Mr. Bisbano that notices of recusal should likewise be filed with the Rhode Island Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Nepotism

Family: Financial Interest