Advisory Opinion No. 95-83

Re: Joseph Voccio

A. QUESTION PRESENTED

Whether Joseph Voccio, Vice-Chair of the Coventry Planning Commission, may participate in (1) decisions involving a subdivision developed by Picerne Properties in Coventry in which his daughter intends to purchase a home; (2) decisions involving other subdivisions developed by Picerne Properties in Coventry; or (3) decisions involving Picerne Properties should his daughter purchase a home owned by Picerne Properties in another municipality.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the petitioner will not violate the Code of Ethics if he participates in decisions concerning other subdivisions developed by Picerne Properties or other general matters involving Picerne Properties in the event his daughter subsequently purchases a home from this developer. However, the petitioner should recuse himself from future matters, if any, which would impact his daughter's financial interest in the purchased property.

C. DISCUSSION

1. Facts

The petitioner, Joseph Voccio, serves as Vice-Chair of the Planning Commission for the Town of Coventry. While serving in this position, a developer, Picerne Properties, applied for various permits to build at least three subdivisions in Coventry, one of which is nearly complete. As to all of the subdivisions, Picerne Properties still must come before the Planning Commission on various development matters. The petitioner advises that he recently learned that his daughter is contemplating purchasing a home from Picerne Properties in the subdivision which is nearly complete or in another nearby town. The petitioner advises that he will in no way assist his daughter in purchasing this property.

2. Analysis

The petitioner seeks an advisory opinion as to whether he may participate in matters involving Picerne Properties where his daughter is contemplating purchasing a home from this developer in a subdivision in Coventry or in a subdivision in another town. Under the Code of Ethics, Mr. Voccio, as a public official, may not participate in any matter in which he has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a). 36-14-7(a). Mr. Voccio is also prohibited from using his position or confidential information received though his position to obtain financial gain, other than that provided by law, for himself or any person within his family.(1) See R.I. Gen. Laws § 36-14-5(d).

After considering the petitioner's request regarding whether he may participate in decisions involving Picerne Properties if his daughter purchases property in Coventry from this developer, we first observe that the Code of Ethics would prohibit him from participating in any matter which could have an impact on his daughter's financial interest in her property once purchased. See A.0 92-68 (determining that the Chairman of the Coventry Planning Commission could not participate in any matter involving a development project where the Chairman's employer had been hired to perform excavation and site work for this property); A.O. 92-24 (concluding that a member of the Municipal Planning Board could not participate and vote on matters involving a subdivision to be located adjacent to the petitioner's property since the petitioner would have a direct financial interest in any official activity); A.O. 90-85 (opining that the Code would not permit a Town Councilor to consider or vote on a matter involving the platting and subdivision of certain real estate while her husband owned an interest in real estate which was contiguous to the parcel that was the subject matter of the subdivision application). Whenever such a matter comes before the Coventry Planning Commission, the petitioner should (a) notify the Planning Commission, in writing, of the nature of his interest in the matter at issue; and (b) recuse himself from any votes or discussions relating to this matter. The petitioner should also comply with the filing requirements set forth in R.I. Gen. Laws § 36-14-6.

As to whether the petitioner may participate in other matters involving Picerne Properties, this Commission concludes that the Code does not prevent him from participating in matters involving other subdivisions owned by Picerne Properties (in which the petitioner's daughter has not purchased property) given that any interest which could possibly flow to his daughter by his participation is too remote to be regulated by the Code. See A.O. 93-43 (concluding that a Councilor would not violate the Code if she participated in matters involving the upgrading of a road near her parent's home since her parents would not receive a direct financial benefit or detriment from any vote taken by her as Councilor). Based on the same reasoning, the Code of Ethics does not prevent the petitioner from participating in matters involving Picerne Properties if his daughter purchases a home from this developer in another town.

Footnotes

(1) For the purposes of § 5(d), the definition of family includes adult children. See Commission Regulation 36-14-5005.

Keywords

Nepotism

Family: Property Interest