Corrected Advisory Opinion No. 95-42

Re: Robert E. Metivier

A. QUESTION PRESENTED

Whether Robert E. Metivier, as Mayor of Pawtucket, may solicit donations from local businesses which do business with the City to help fund several public projects and services associated with City's sponsorship of an international steamboat muster.

B. SUMMARY

The Code of Ethics does not prohibit the Mayor of Pawtucket from issuing the letters of solicitation provided that there is broad based solicitation of individuals and businesses, not just persons or entities currently doing business with the City. However, if a situation arises where the Mayor must exercise discretion over a matter involving an entity/individual that had been solicited, whether or not the individual or entity actually made a contribution, he should seek another advisory opinion before exercising his authority.

C. DISCUSSION

1. Facts

Every August the City of Pawtucket hosts an International Steamboat Muster at the City's Marina located on the Blackstone River. When preparing this event, the Steamboat Muster Committee, a private group, met with officials from the City and suggested that the City (1) construct a new staircase and footpath to improve access for the muster; (2) construct "old fashioned ethnic trolleys" to transport participants and spectators between the different sites; (3) hold a "lighting of the falls" in Central Falls and the Pawtucket Falls; and (4) display a steamboat mural at Veterans Square for the week of the Muster.(1) In order to fund the various projects, the Steamboat Muster Committee has offered to solicit local businesses by letter for donations of building materials and for the use of certain property for activities relating to the Muster. To assist with this solicitation, in addition to the letter to be forwarded by the Committee, the Steamboat Muster Committee has asked Mayor Robert E. Metivier, in his official capacity, to execute a letter addressed to various local businesses, many of which do business with the City, to essentially encourage the donations.

At the request of a member of the staff, Mr. Gannon, the City Solicitor for Pawtucket, submitted copies of five letters, to be signed by the Mayor, which the Steamboat Muster Committee plans to forward to local businesses. The letters essentially state the following: (1) the first letter, addressed to a GMAC dealership, requests permission to use the business' property to help accommodate the large crowd; (2) the second letter, to be addressed to contractors, seeks donations to help construct the citizen walkway; (3) the third letter, addressed to lumber yards and contractors, requests donations of materials to help construct the trolleys and dock; (4) the fourth letter, to be forwarded to auto salvage/body shops, hardware stores and plumbing supply houses, seeks axles for the base of the trolley and PVC piping and other plumbing equipment for the frame of the trolleys; (5) the fifth letter, addressed to cable and electrical companies, requests wiring and electrical bulbs and sockets for the rolleys and the lighting of the falls and mural projects. For donations of materials for the walkway and lightning projects, the mayor indicated that the donor's name would be inscribed in the walkway or a sign would be hung in the area. At the close of each letter, the Mayor indicated that participation in the projects "would be greatly appreciate[d]" by the City of Pawtucket and all its citizens and invited the potential donor to call his office if necessary.

2. Analysis

At issue in this advisory request is whether the Mayor of Pawtucket, without violating the Code of Ethics, may solicit local businesses, many of which do business with the City, for donations to help fund certain projects relating to an International Steamboat Muster to be held in Pawtucket. Under the Code of Ethics, a public official may not solicit or accept a gift or [contribution] if there as understanding that the official's judgment would be influenced thereby. See R.I. Gen. Laws § 36-14-5(g). A public official is also prohibited from using his or her public office to obtain financial or personal gain, other than that provided by law. See R.I. Gen. Laws § 36-14-5(d).

After reviewing the five letters forwarded by the Mayor's office, we conclude that the Code of Ethics does not prohibit the issuance of such letters provided that there is broad based distribution to all the relevant suppliers/vendors in the local area and not just to those suppliers/vendors currently doing business with the City. Our review of the relevant facts gives no indication that Mayor Metivier's solicitations would constitute the use of his office to obtain financial gain or derive a direct monetary gain for himself, as opposed to the City.

Although concluding that the Code does not prohibit the issuance of the letters of solicitation, we advise the Mayor that, if a situation arises where he must exercise discretion in a matter involving an individual or entity that had been solicited (for example, a vote involving whether such individual or entity should receive a City contract or City business), in order to avoid any appearance of impropriety, he may choose to seek another advisory opinion to address whether he may properly exercise his authority.

Footnotes

(1) In his original request, the petitioner, John T. Gannon (City Solicitor for Pawtucket), only referenced the staircase and foot path projects. In response to a request from this office for a copy of the actual letters of solicitation to be forwarded to local businesses, Mr. Gannon sent five different letters which referenced other projects (the trolleys, the "lighting of the falls," and the mural). Mr. Gannon indicated that his advisory request should be amended to include these additional projects.

Keywords

Donations

Solicitation

Vendors