Advisory Opinion No. 95-37

Re: Patricia A. Douglas

This advisory opinion is addressed to Patricia A. Douglas, Town Councilor for the Town of Westerly, Rhode Island. Ms. Douglas advises that she presently has a case pending in Superior Court concerning a property tax assessment. She and her spouse filed the case, which involves alleged discrepancies over the size of her home, in March of 1992. She advises that nothing contained in the budget pertains to herself, her family, or to the case pending in Superior Court. Ms. Douglas requests advice as to whether she may participate in future budget hearings and vote on the town budget in light of this pending litigation.

Under the circumstances, we conclude and opine that no violation of the Code of Ethics will result if Patricia A. Douglas, Town Councilor from the Town of Westerly and the plaintiff in a case pending before Superior Court, participates in budget hearings and votes on the Town budget. We find that no inherent conflict exists given Ms. Douglas' dual status as the plaintiff in litigation involving the Town of Westerly and her position as Town Councilor in light of the fact that nothing in the budget relates to the litigation.

We specifically advise Ms. Douglas that she may participate and vote on budgetary matters generally in connection with her responsibilities and duties as a member of the Town Council, including the legal services budget. However, we caution Ms. Douglas that in the event any matter which comes before her specifically affects herself, her family, her property, or the pending litigation, she should exercise notice and recuse. In such event, Ms. Douglas should (a) advise the Town Council, in writing, of the nature of her 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 pursuant to R.I. Gen. Laws § 36-14-6.

Keywords

Litigation

Property Interest

Budgets