Advisory Opinion No. 95-38

Re: The Honorable Donald O. Reilly, Jr.

A. QUESTION PRESENTED

Whether Donald Reilly while serving in the elected position of State Representative, may also serve as an appointed Commissioner of the Cumberland Housing Authority.

B. SUMMARY

The Rhode Island Code of Ethics does not prohibit Mr. Reilly as a member of the General Assembly from concurrently serving as a Housing Authority Commissioner. In his capacity as a State Representative Mr. Reilly does not exercise either fiscal or jurisdictional control over the Cumberland Housing Authority, nor are there any other factors that might impair his independence of judgment with respect to either of his public offices.

C. DISCUSSION

1. Facts

The Department of Housing and Urban Development (HUD) governs the Cumberland Housing Authority. The commissioners who serve on the Cumberland Housing Authority are appointed by the Cumberland Town Council. Commissioners are not paid. A commissioner's function is to set policy in accordance with the provisions of HUD and the Code of Federal Regulation (CFR). Neither the commissioners individually nor the housing authority have any routine interaction with the Rhode Island House of Representatives. Mr. Donald Reilly, Jr. is currently a Cumberland Housing Authority Commissioner. He is scheduled to be re-appointed on May 24, 1995.

Rhode Island state representatives draft and vote on state legislation. They also vote on the state budget. The Cumberland Housing Authority does not receive any funding from the State of Rhode Island Island, nor does the General Assembly exercise any jurisdictional control over it. Mr. Donald Reilly, Jr. was elected to the House in January, 1995.

Prior to his re-appointment as a commissioner to the Cumberland Housing Authority, Mr. Reilly seeks an advisory opinion as to the ethical implications of this duality of status.

2. Analysis

Since the House of Representatives has no jurisdiction over the Cumberland Housing Authority through either the policy or budgetary process, the Rhode Island Code of Ethics will permit Mr. Reilly to serve as a state representative and a Cumberland Housing Authority Commissioner at the same time. See Commission Regulation 5008. However, Mr. Reilly is cautioned and advised that in the event his duality of status impairs his independence of judgement or otherwise results in the disclosure of confidential information, he should (A) notify the appropriate state or municipal department, in writing, of the nature of his interest in such matter and (B) refrain from participating in any such matter.

Keywords

Dual Public Roles