Advisory Opinion No. 95-35

Re: Karen Simpson

Pursuant to a letter dated October 18, 1994 received in the Office of the Ethics Commission on said date from Karen Simpson:

  1. The Town of West Warwick utilizes the services of a pension committee, whose members are appointed by the Mayor. The Committee's recommendations are presented to the Town Council for consideration. The Pension Committee itself has no discretionary power as to the municipality's pension provisions.
  2. A question has arisen concerning whether individuals who presently receive disability benefits or whether individuals who are actively employed by the municipality, may simultaneously serve on the Pension Committee under the Code of Ethics.

This Advisory Opinion is addressed to Karen Simpson, Acting Chairperson of the Pension Committee for the Town of West Warwick. Ms. Simpson advises the Ethics Commission that the West Warwick Pension Committee is comprised of members who are appointed by the Mayor. The Committee's recommendations are presented to the Town Council for consideration. The Committee itself has no discretionary power to modify the pension provisions.

Ms. Simpson advises the Ethics Commission that an individual who presently receives disability benefits may be serving on the Committee along with another individual who is currently employed by the Town. Since such individuals may be affected by changes and modifications in the pension provisions, she requests advice as to whether those individuals may serve under the Code of Ethics.

Under Code Provision 36-14-7(b), a public official covered by the Code of Ethics does not have an interest in substantial conflict with the proper discharge of his or her duties in the public interest if that person is a member of any significant and definable class, and is affected by action to no greater or lesser extent than any other member of the group. In this case, we conclude and opine that no violation of the Code of Ethics will result for individuals who may have an interest in the outcome of pension modifications or reform within the municipality of West Warwick to simultaneously serve as a member of the Pension Committee. However, we caution and advise those individuals that as to particular participation or voting in connection with matters which affect them either individually or as a member of a defined group, those individuals should exercise the notice and recusal sections of R.I. Gen. Laws 36-14-5(e)(1), and refrain from voting whenever such matters appear before them. By way of example, the particular individual who receives disability benefits should recuse from any vote which specifically affects only individuals receiving disability benefits. However, that individual could vote on matters which affect all recipients of pension plan benefits, including disability recipients. The individual who is an employee within the municipality is able to vote on modifications to the plan unless the modifications specifically affect that individual as compared to others who are similarly situation as part of the larger distinguishable group of plan recipients. We remind Ms. Simpson and Ms. McGuirl that in any particular situation, the issue of the applicability of R.I. Gen. Laws § 36-14-7(b) depends upon the facts and circumstances of each case. We remind the parties that prior to participation in any particular matter request for an additional advisory opinion may be in order.

We remind any member of the Pension Committee that in the event of any potential conflict, a notice as to whether that person intends to participate or recuse must be filed, in writing, with the municipality and with the Ethics Commission as required by R.I. Gen. Laws § 36-14-6.

Keywords

Dual Public Roles

Financial Interest

Pension Benefit

Class Exception