Advisory Opinion No. 95-39 Re: Robert J. Fontaine A. QUESTION PRESENTED Whether Robert J. Fontaine, while serving as an elected official of the Woonsocket City Council, may accept employment as Executive Assistant to the Rhode Island Board of Elections, an agency charged with monitoring officials who maintain campaign finance accounts. B. SUMMARY The Rhode Island Code of Ethics does not prohibit Mr. Fontaine from accepting a position as Executive Assistant to the Rhode Island Board of Elections in light of the following representations: 1) Mr. Fontaine will not seek reelection to the City Council, nor have any involvement with any political activity relating to elections that fall within the jurisdiction of the Board of Elections during his tenure as Executive Assistant; and 2) Mr. Fontaine has resolved all campaign accounts and matters subject to the Board of Elections' jurisdiction relating to his previous campaigns for elective office. C. DISCUSSION 1. Facts Mr. Fontaine has been a member of the Woonsocket City Council since December of 1985. In April of 1995, Mr. Fontaine accepted a position as the Executive Assistant to the Rhode Island Board of Elections, an agency which administers and monitors state and municipal elections. In his capacity as Executive Assistant, Mr. Fontaine is responsible for managing the daily operations of the Board. According to Mr. Fontaine, the only agency subject to the City Council's jurisdiction which interacts with the Board of Elections is the Board of Canvassers, a local board responsible for administering local elections. The City Council is responsible for approving the Board of Canvassers' budget and appointing members. Mr Fontaine indicated that, for the remainder of his term, which expires on December 4, 1995, he would recuse himself from any matter involving the Board of Canvassers. Mr. Fontaine has also indicated in his request that he (1) would not run for re-election to the City Council; and (2) has closed any campaign fund accounts and any other matters subject to the jurisdiction of the Board of Elections. 2. Analysis The issue in this advisory opinion is whether Mr. Fontaine may accept employment with the Board of Elections while he completes his term on the Woonsocket City Council. Since Mr. Fontaine does not plan to seek reelection and does not have any personal matters pending with the Board of Elections, with the exception of a potential conflict involving the vote to approve the Board of Canvassers' budget (from which Mr. Fontaine promises to recuse himself), there does not appear to be a conflict with the two positions. Accordingly, we advise Mr. Fontaine that the Rhode Island Code of Ethics does not prohibit him from simultaneously serving as a City Councilor and Executive Assistant to the Rhode Island Board of Elections. We further advise, however, that while serving as the Executive Assistant to the Board of Elections, Mr Fontaine should refrain from any involvement with any political activity relating to elections that fall within the jurisdiction of the Board of Elections. Such involvement would almost certainly fall within the prohibitions of R.I. Gen. Laws § 36-14-5(b), restricting employment which would impair an official's independence of judgment, and 5(e), by putting Mr. Fontaine in a situation where his own board had jurisdiction over his activities. In addition, such involvement would likely place Mr. Fontaine in a position where he would need to recuse himself from participation on board matters on a regular basis, thereby triggering Regulation 36-14-5003's limitation on recusals. Mr. Fontaine is cautioned and advised that if he encounters a decision or issue which impacts his other position he should (1) notify the City or the Board in writing of the nature of the interest and recuse himself from participation in the matter; and/or (2) seek another advisory opinion to address the potential conflict. Keywords Dual Public Roles Political Activity Candidate Budgets