Advisory Opinion No. 95-57

Re: John K. Najarian

A. QUESTION PRESENTED

The Chairman of the Town of Johnston's Zoning Board of Review requests an advisory opinion as to whether he may appear before the Town of North Kingstown's Zoning Board of Review on his own behalf to request a variance on real estate owned in that town.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that no violation of the Code of Ethics will arise for John K. Najarian, Jr., Chairman of the Town of Johnston's Zoning Board of Review, when he appears before North Kingstown's Zoning Board on his own behalf concerning property owned in that town. We conclude that the zoning boards of the respective towns are separate and distinct entities exercising jurisdiction over different municipalities and, consequently, petitioner's membership on one does not preclude his appearing before the other to address a vested property interest.

C. DISCUSSION

1. Facts

John K. Najarian, Jr., Chairman of the Town of Johnston's Zoning Board of Review, requests an advisory opinion as to whether he may appear before the Town of North Kingstown's Zoning Board of Review on his own behalf. Mr. Najarian advises that he filed a petition with North Kingstown's Zoning Board of Review requesting a variance on real estate he owns within that town. Petitioner also advises that he will appear before said board on July 25.

2. Analysis

This advisory opinion request raises the question as to whether a public member's position on one municipal board precludes his appearing before a board in another municipality. The Code of Ethics prohibits public officials from having any interest or engaging in any business, employment, transaction, or professional activity, or incurring any obligation which is in substantial conflict with the proper discharge of his or her duties in the public interest pursuant to R.I. Gen. Laws § 36-14-5(a). In addition, the Code prohibits a public official from using in any way his or her public office to obtain financial gain pursuant to R.I. Gen. Laws § 36-14-5(d). The Code also prohibits public officials from appearing before municipal agencies of which they are a member or by which they are employed pursuant to R.I. Gen. Laws § 36-14-5(e)(1).

It is the opinion of this Commission that Mr. Najarian, Chairman of the Johnston Zoning Board of Review, will not violate the Code of Ethics should he appear before the North Kingstown Zoning Board in order to address a personal property matter. The zoning boards are separate and distinct entities exercising jurisdiction over different municipalities and, consequently, his appearance before one while maintaining a position on the other does not involve a conflict of interest.

Keywords

Property Interest