Advisory Opinion No. 95-33

Re: William Keith Burlingame

This Advisory Opinion is addressed to William Keith Burlingame. Mr. Burlingame is an attorney who is presently employed by the Rhode Island Department of Attorney General as a prosecutor in the criminal division. Additionally, he holds a part-time position with the Town of South Kingstown Communications Department and is a member of the Board of Wardens of the Union Fire District of South Kingstown. Mr. Burlingame has advised the Ethics Commission that he has recently been appointed by Governor Almond to serve as a public representative member of the Rhode Island Fire Safety Code Board of Appeal and Review. He requests advice as to whether he may engage in such duality of status under the Code of Ethics.

Mr. Burlingame advises the Ethics Commission that his service as a member of the Fire Safety Code Board of Appeal and Review would in no way be involved with his work as a member of the Attorney General's Department. While we recognize that the Department of Attorney General may become involved in fire safety code issues, Mr. Burlingame advises that he serves as a prosecutor within the criminal division, assigned to the Medicaid Fraud Control Unit, and that his legal practice is exclusively limited to cases of fraud and abuse in the health care area.

Under the circumstances, we conclude and opine that no violation of the Code of Ethics will result for William Keith Burlingame, an attorney employed by the Rhode Island Department of Attorney General as a prosecutor in the criminal division, in the event he simultaneously serves as a member of the Rhode Island Fire Safety Code Board of Appeal and Review. In rendering this Advisory opinion, we rely upon representations by Mr. Burlingame that his work in the Attorney General's Office will in no way involve provisions of the fire safety code or the Office of the State Fire Marshal and that such representation will involve other members of the Attorney General's staff.

We remind Mr. Burlingame that in the event his duality of status should ever impair his independence of judgment as to his official duties or employment, or require him to disclose confidential information acquired by him in the course of or by reason of his official duties, he should (a) notify the Attorney General's Office and/or the Rhode Island Fire Safety Code Board of Appeal and Review, in writing, of his nature in the matter at issue, and (b) recuse from any participation or vote in connection with said matter. Notice of said recusal should likewise be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Dual Public Roles