Advisory Opinion No. 95-44

Re: Frank E. Coleman

A. QUESTION PRESENTED

The petitioner requests guidance as to whether (a) he is prevented from simultaneously running for a seat on the Newport City Council while being employed as an electrician for the Newport School Department, and (b) he may vote, were he to win the seat, on the school budget, tax increases, and the appointment of a superintendent.

B. SUMMARY

Frank E. Coleman, an electrician employed by the Newport School Department, would not violate the Code of Ethics were he to run for and win a seat on the Newport City Council while employed by the Newport School Department. While the petitioner may participate in discussions or vote on the school budget, as a whole or as a line item, he should recuse on personnel issues or other matters which particularly affect him that should come before him in his capacity as a Newport City Council member.

C. DISCUSSION

1. Facts

Frank E. Coleman advises that he currently serves as an electrician with the Newport School Department, a position to which he was appointed by the Newport School Committee. He also advises that he is in the process of deciding whether to run for a seat on the Newport City Council. Mr. Coleman requests an advisory opinion as to whether he may run for a seat on the Newport City Council while simultaneously being employed by the Newport School Department. In addition, the petitioner also requests guidance as to whether he may (a) participate in votes on the school budget, school appropriations and tax increases, and (b) take part in other matters--specifically, the appointment of superintendents.

2. Analysis

Aspects of this advisory opinion request closely mirror Advisory Opinion 93-86 in which an employee of the Newport School Department asked this Commission for guidance as to whether her position as a Newport School Department employee would preclude her running for Newport City Council. The Commission ruled that the petitioner would not violate the Code of Ethics were she to run for a seat on the Newport City Council with the qualification that she exercise notice and recusal from matters that directly affect her, her interests as an employee of the school department, or the school budget. This Commission ruled that the petitioner in that matter could participate and vote on the town budget as a whole, even though the school budget was contained therein as a line item.

Consequently, this Commission rules that no violation of the Code of Ethics will arise for Frank E. Coleman, an employee of the Newport School Department, in the event he decides to run for or is subsequently elected to the Newport City Council solely because of the fact that he would hold these positions simultaneously. However, Mr. Coleman is cautioned and advised that his participation should be limited to matters which do not directly affect him or his interests as an employee of the Newport School Department in order to avoid violating R.I. Gen. Laws § 36-14-5(a).

In the event that any matter which would affect Mr. Coleman's position as an employee of the School Department comes before him as a member of the City Council, or in the event his duality of status impairs his independence of judgement as to official duties or otherwise results in disclosure of confidential information as prohibited in R.I. Gen. Laws §36-14-5 (b) and (c), he should (a) notify the Newport City Council, in writing, of the nature of his interest in the matter, and (b) refrain from participating or voting in connection with said matter.

Mr. Coleman is further cautioned that while he may participate in the discussion of or vote on the school budget generally, he may not vote on or discuss items related to the budget which affect payments for electrical services or personnel issues affecting him as an employee of the Newport School Department.

Keywords

Dual Public Roles

Candidate

Budgets

Class Exception

Appointing Authority