Advisory Opinion No. 95-78

Re: Susan E. Andrade

A. QUESTION PRESENTED

Whether the Chairperson of the Bristol Personnel Board may serve on the Bristol Police Chief Search Committee.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that no violation of the Code of Ethics will arise if Susan E. Andrade, Personnel Board Chairperson serves on the Bristol Police Chief Search Committee. However, if any matters should arise whereby the Petitioner's duality of status impairs her independence of judgment as to her official duties, or results in the disclosure of confidential information, she should: (a) notify the Personnel Board in writing, of the nature of her interest in the matter, and (b) refrain from participating in any such matter.

C. DISCUSSION

1. Facts

The Town of Bristol is currently seeking to promote or hire a police chief. Susan E. Andrade is the Chairperson of the Bristol Personnel Board. The Board is responsible for obtaining, administering and scoring all tests given for the promotion or hiring of a chief of police. The Town Administrator recently decided to create a Police Chief Search Committee to screen initial applicants for basic requirements compliance. He has asked the Petitioner to serve on the Committee. The Petitioner seeks advise as to whether she may serve.

2. Analysis

At issue in this advisory opinion request is whether the Bristol Personnel Board Chairperson may serve on the Bristol Police Chief Search Committee. The Rhode Island Ethics Commission has previously ruled that a public official may serve on a search committee so long as both positions are distinct and that no inherent conflict exists as to both positions. For example, in Advisory Opinion No. 89-82, the Ethics Commission advised a town solicitor that he could serve on a fire chief search committee since the two positions were unrelated and there was no inherent conflict. Also in Advisory Opinion No. 89-90, the Ethics Commission advised a city employee that he could serve on a search committee for an executive director of an unrelated commission.

It is the opinion of the Rhode Ethics Commission that no violation of the Code of Ethics will occur if the Chairperson of the Bristol Personnel Board serves on the Bristol Police Chief Search Committee. The decision is based on the Commission's findings that no inherent conflict exists between the roles of the Bristol Personnel Board Chairperson and a member of the Bristol Police Chief Search Committee. However, the Petitioner is cautioned and advised that in the event her duality of status impairs her independence of judgment or otherwise results in the disclosure of confidential information, she should: (a) notify the Personnel Board, in writing, of the nature of her interest in any such matter, and (b) recuse herself from participating in any such matter.

Keywords

Dual Public Roles