Advisory Opinion No. 95-34

Re: Paul A. Winthrop

This Advisory Opinion is addressed to Paul A. Winthrop, a resident of Newport, Rhode Island. Mr. Winthrop advises that he is presently employed as the Newport School Department's Business Manager. He seeks advice as to whether he may simultaneously seek the position or serve on a ward council seat in the City of Newport under the Code of Ethics.

The Commission has previously opined that individuals may simultaneously serve as members of a school committee while they or their spouse is employed by the school department. Likewise, the Ethics Commission has advised that individuals may serve on a city or town council while they are simultaneously employed by a school department within the municipality. We therefore conclude that no violation of the Code of Ethics will result for Paul A. Winthrop, a resident of Newport, Rhode Island who is employed as the Newport School Department's Business Manager, in the event he simultaneously seeks or obtains a position as a ward council person in the municipality.

We specifically advise Mr. Winthrop that he may participate and vote on budgetary matters including school appropriations and other educational matters which come before the City Council. However, we caution and advise Mr. Winthrop that in the event any matter which comes before him specifically affects his employment, he should exercise notice and recusal. In such event, Mr. Winthrop should (a) advise the Town Council, 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. Any recusal notices should likewise be filed with the Rhode Island Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Dual Public Roles

Financial Interest

Budgets

Candidate

Class Exception