Advisory Opinion No. 95-60

Re: Jeffry Ceasrine

A. QUESTION PRESENTED

The Narragansett Town Engineer, simultaneously employed by Alpine Ski & Sports on a contract basis, requests an advisory opinion as to whether he may accept a subcontract from said company, should Alpine Ski & Sports be awarded a contract by the Narragansett Town Council to provide scuba diving training to the Narragansett Police Department.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Narragansett Town Engineer would violate the Code of Ethics were he to accept a subcontract from Alpine Ski & Sports in the event that said company, also his employer, is awarded a contract from the Narragansett Town Council to provide scuba diving training to the Narragansett Police Department Dive Team. The Ethics Commission bases this conclusion on the petitioner's representation that he was approached by the Narragansett Chief of Police at an earlier date to provide input as to the training involved for scuba diver certification. In previous decisions, this Commission considered participation in preparing bid specifications, be it direct or indirect, as a condition which would preclude petitioners from bidding on or accepting contract or subcontract awards.

Nothing contained herein shall preclude the Narragansett Town Council from revisiting their Request for Proposals process in order to ensure that the petitioner is not involved in the preparation of bid specifications. If a newly drafted Request for Proposals is issued without the petitioner's input, he would be in a position to accept, without violating the Code of Ethics, a subcontract from Alpine Ski & Sport should said company be awarded the contract.

C. DISCUSSION

1. Facts

Jeffry Ceasrine, Narragansett Town Engineer, advises that he is simultaneously employed by the Sports Investment Co. (dba Alpine Ski & Sports) as a contract employee occasionally teaching scuba diving classes. The Narragansett Police Department intends to publicly advertise a request for proposals to provide scuba diving training for the Police Dive Team--a project being financed through federal asset forfeiture funds. Additionally, the petitioner advises the following: that his position as Town Engineer and his employment as a scuba diving trainer are unrelated; that the request for proposals process will be made in accordance with the purchasing procedures outlined in the Narragansett Code which calls for the solicitation of sealed bids advertised in a local newspaper; that Alpine Ski & Sports intends to submit a sealed bid; and that if awarded the contract, said company would subcontract the training services to him. Lastly, Mr. Ceasrine advises that although he was not directly involved in drawing up the specifications for the request for proposal, he was consulted by the Chief of Police to provide input as to what type of training would be involved if such a training were to be undertaken.

2. Analysis

This advisory opinion request presents the question as to whether a Town of Narragansett employee would violate the Code of Ethics were he to accept a subcontract from Alpine Ski and Sports, by which petitioner is employed on a contractual basis, were said company awarded a contract to provide scuba diver training to the Narragansett Police Department Dive Team. Under the Code of Ethics, public officials and public employees are prohibited from using public office, or confidential information received through holding such office, to obtain financial gain for themselves or any business by which they are employed pursuant to R.I. Gen. Laws § 36-14-5(d). Persons subject to the Code are also prohibited from entering into contracts with any state or municipal agency unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure pursuant to R.I. Gen. Laws 36-14-5(h).

It is the opinion of this Commission that the Code of Ethics will not allow Mr. Ceasrine, Narragansett Town Engineer and employee of Alpine Ski & Sports, to accept a subcontract from said company should it be awarded a contract to provide scuba diving training to the Narragansett Police Department. The Commission's conclusion is based on representations by the petitioner that he was approached by the Narragansett Chief of Police to provide input as to the necessary components of a scuba diving training class. Since providing such input constitutes participating in the bid specification process, the petitioner cannot accept a subcontract should his private employer win the contract. Further, the fact that the Narragansett Chief of Police approached petitioner for his expertise in determining the necessary components of a scuba diver certification course has the appearance of placing Mr. Ceasrine, and the company by which he is employed, in a privileged position with respect to other bidders. His accepting a subcontract under such circumstances would place him in violation of R.I. Gen. Laws § 36-14-5 (d).

The conclusion reached herein relies on past advisory opinions concerning contracts which indicate that, among other considerations, not only must contracts to public officials and public employees be awarded through an open and public process as defined in R.I. Gen. Laws § 36-14-2(11) and outlined in R.I. Gen. Laws § 36-14-5(h), but, in addition, petitioners were not to participate in the drafting of bid specifications. Advisory Opinions Nos. 88-42, 85-25, 84-34, 83-66, 83-33, 83-22, 83-7, 83-5, 82-51, and 81-78.

Nothing contained herein shall preclude the Narragansett Town Council from revisiting their Request for Proposals process in order to ensure that the petitioner is not involved in the preparation of bid specifications. If a newly drafted Request for Proposals is issued without the petitioner's input, we conclude that the Code of Ethics would permit the petitioner to accept a subcontract from Alpine Ski & Sport should said company be awarded the contract.

Keywords

Contracts