Amended Advisory Opinion No. 95-72

Re: Charles W. Wright

A. QUESTION PRESENTED

Whether a Plumbing and Mechanical Inspector employed by the City of Newport, simultaneously employed by the Newport School Department as a Plumbing Apprentice Instructor, may pursue a seat on the Newport School Committee.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Plumbing and Mechanical Inspector for the City of Newport, also employed by the Newport School Department as a Plumbing Apprentice Instructor, would not violate the Code of Ethics were he to pursue a seat on the Newport School Committee. The Commission's conclusion is based on a Federal District Court ruling allowing school department employees to sit on the school committee within their school districts, and a subsequent Commission advisory opinion permitting an employee of the Woonsocket School Department to seek election to and sit on the Woonsocket School Committee. See Advisory Opinion 95-15.

Although the petitioner may participate and vote on school issues generally or school budgets, he may not participate or vote as to any specific matter concerning the Plumbing Apprentice Program or any matter concerning his particular employment. When such matters come before him in his capacity as a Newport School Committee member, 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) advise the Newport School Committee, in writing, of the nature of his interest in the matter at issue, and (b) recuse from participating or voting in connection with said matters. Notice of any recusal should be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

C. DISCUSSION

1. Facts

Charles W. Wright is employed by both the City of Newport and the Newport School Department, as a Plumbing and Mechanical Inspector and a Plumbing Apprentice Instructor, respectively. The petitioner requests guidance as to whether he may continue to hold both positions with the two municipal agencies while pursuing a seat on the Newport School Committee.

Mr. Wright advises that no interaction exists between himself, in his capacity as a Plumbing and Mechanical Inspector, and the Newport School Committee while his interaction with the Newport School Department is confined to his inspections of work conducted on school property. Although the petitioner previously advised that the Plumbing Apprentice program is a required 144 hour per year course funded by the registration fees paid by students and that he provides said course in a capacity comparable to that of an independent contractor, this Commission has since learned that Mr. Wright's representations concerning his association with the Newport School Department and Newport School Committee were inaccurate. According to correspondence from the Newport Public School Department's Business Office, the petitioner is actually employed as a part-time instructor in the Adult Education Program of the Newport School Department, a position to which he was appointed by the Newport School Committee and to which he is reappointed on an annual basis; that he is compensated at an hourly rate determined by the hourly rate of the current teacher contract step1/scale 1; and that the Program is funded through various state and federal grants, as well as tuition payments received from students.

2. Analysis

At issue in this advisory opinion request is whether an individual simultaneously employed by the City of Newport as a Plumbing and Mechanical Inspector and by the Newport School Department as a Plumbing Apprentice Instructor may pursue a seat on the Newport School Committee. The petitioner was appointed to the position of Plumbing Apprentice Instructor by the Newport School Committee, the municipal agency he intends to serve as a member if elected. Relevant provisions of the Ethics Code are as follows: R.I. Gen. Laws § 36-14-5(a), prohibiting a public official or public employee from having any interest in substantial conflict with the proper discharge of his or her duties or employment; R.I. Gen. Laws § 36-14-5(d), prohibiting a public official or employee from using his or her public office to obtain financial gain, other than that provided by law; and R.I. Gen. Laws § 36-14-5(e)(1), prohibiting a public official or employee from representing himself or herself before any municipal agency of which he or she is a member or by which he or she is employed.

The petitioner was initially appointed to his position as a Plumbing Apprentice Instructor by the School Committee and is reappointed each year by the same body which maintains jurisdiction over the School Department. Were Mr. Wright to win the election to the Newport School Committee, he would sit as a member of a municipal board which has jurisdiction over the agency by which he is employed. In addition, the petitioner would be required to appear before the School Committee each year to seek reappointment to his position as an employee in the Newport School Department. We have previously concluded that this appearance may conflict with R.I. Gen. Laws § 36-14-5(e)(1). Although this Commission has previously prohibited employees of the school departments to sit on school committees within the same municipality, these rulings were superseded by a Federal District Court decision allowing this duality of status. In keeping with the Court's holding concerning this issue, a recent Commission advisory opinion permitted an employee of the Woonsocket School Department to seek election to and sit on the Woonsocket School Committee. See Advisory Opinion 95-15.

Consequently, it is the opinion of the Rhode Island Ethics Commission that no violation of the Code of Ethics will arise for Charles W. Wright, an employee of both the City of Newport and the Newport School Department, in the event he seeks election and is subsequently elected to the Newport School Committee. However, Mr. Wright 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 or in his capacity as an employee of the City of Newport in order to avoid violating R.I. Gen. Laws § 36-14-5(a), 5(d), and 5(e)(1).

In the event that any matter which would affect Mr. Wright's position as an employee of the School Department or of the City of Newport should come before him as a member of the Newport School Committee, 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 by R.I. Gen. Laws §36-14-5 (b) and (c), he should notify the Newport School Committee, in writing, of the nature of his interest in the matter, and refrain from participating or voting in connection with said matter. The petitioner 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 adult education courses, such as the Plumbing Apprentice Instructor Program with which he is associated, or personnel issues affecting him as an employee of the Newport School Department.

Keywords

Dual Public Roles

Revolving Door

Candidate

Budgets