Advisory Opinion No. 95-45

Re: Robert C. Harrall

A. QUESTION PRESENTED

The State Court Administrator requests an advisory opinion as to whether he would violate the Code of Ethics were his wife to accept a promotion within the Family Court.

B. SUMMARY

No violation of the Code of Ethics will result for the petitioner, the State Court Administrator, if his wife seeks or accepts a promotion to a position within the Family Court. The Commission arrives at this conclusion based on petitioner's representations that the internal administration of the Family Court is carried out independently of the Office of the State Court Administrator. The only interaction between the petitioner's office and the Family Court concerning personnel matters would be solely ministerial. However, in the event that matters pertaining to his wife or her position should come before him in his official capacity, Mr. Harrall is advised to exclude himself from involvement in said matters.

C. DISCUSSION

1. Facts

Robert C. Harrall, State Court Administrator, advises that he was appointed to his present position by the Chief Justice of the State Supreme Court in August 1993. He also advises that his wife, employed as a social worker with the Family Court since May 1987, is being considered for a promotion to a vacant position within the Family Court. To illustrate the extent to which the State Court Administrator is insulated from personnel decisions made in Family Court, Mr. Harrall advises that the chief justices of each court are responsible for making personnel decisions for their respective courts pursuant to R.I. Gen. Laws § 8-15-6. In addition, the petitioner advises that the Office of the State Court Administrator's Division of Personnel merely plays a ministerial role in certifying that the position in question exists and that funding is available.

2. Analysis

This advisory opinion request concerns whether the State Court Administrator's wife may accept a promotion within the Family Court without placing the State Court Administrator in violation of R.I. Gen. Laws § 36-14-5(d), which prohibits a public official from using his or her official position to obtain financial gain for an immediate family member.

Based on representations made by the petitioner and a review of relevant statutes concerning the internal administration of Rhode Island's court system, this Commission opines and concludes that no violation of the Code of Ethics will result if the State Court Administrator's wife is considered for or promoted into a position within the Family Court. Rhode Island law provides that personnel decisions within the Family Court are made exclusively by Family Court administrators and the Chief Justice of said Court. Thus, petitioner, in his capacity as State Court Administrator, has no direct authority to influence personnel decisions made in Family Court. However, in the event that matters pertaining to his wife or her position should come before him in his official capacity, Mr. Harrall is advised to exclude himself from involvement in said matters.

The conclusions reached in this advisory opinion are reflected in past Commission decisions addressing the potential conflicts inherent when a spouse applies for employment from a governmental entity over which the public official has jurisdiction. In Advisory Opinions 80-58, 82-52, E87-05, 90-30, and 92-38, the public officials were cautioned to refrain from participating, influencing, or attempting to influence decisions concerning any matter that affects the interests of the spouse in order to avoid violating the Conflict of Interest law or the Code of Ethics.

Keywords

Nepotism

Family: Public Employment