Advisory Opinion No. 95-84

Re: Wayne Blackman

A. QUESTION PRESENTED

Whether an employee with the Department of Corrections may become a candidate for the Rhode Island General Assembly.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that no violation of the Code of Ethics will arise for Wayne Blackman, a Corrections Officer with the Department of Corrections, by virtue of the sole fact that he may become a candidate or is elected to the General Assembly. However, the petitioner is cautioned and advised that in the event his duality of status impairs his independence of judgement or otherwise results in the disclosure of confidential information, he should: (a) notify the respective entity, in writing, of the nature of his interest in any such matter, and (b) recuse himself from participating in any such matter.

C. DISCUSSION

1. Facts

Wayne Blackman, an employee with the Department of Corrections for the past ten years, requests guidance as to whether he may become a candidate for the Rhode Island General Assembly.

2. Analysis

At issue in this advisory opinion request is whether a state employee may run for a senate seat in the General Assembly. The Code of Ethics prohibits a public employee or public official from having "any interest, financial or otherwise, direct or indirect, or engag[ing] in any business, employment, transaction or professional activity, or incur[ring] any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest..." pursuant to R.I. Gen. Laws § 36-14-5(a). In R.I. Gen. Laws § 36-14-7(a), "a substantial conflict in the discharge of...[one's] responsibilities," is defined as "a direct monetary gain" or "a direct monetary loss" that accrues, by virtue of the public official's or public employee's official activity, to that individual, a person within his or her family, any business associate, or any business by which the public official or public employee is employed or represents.

It is the opinion of the Rhode Island Ethics Commission that no violation of the Code of Ethics will arise for Wayne Blackman, a Corrections Officer with the Department of Corrections, by virtue of the sole fact that he may become a candidate or is elected to the General Assembly. However, the petitioner is cautioned and advised that in the event his duality of status impairs his independence of judgement or otherwise results in the disclosure of confidential information, he should: (a) notify the respective entity, in writing, of the nature of his interest in any such matter, and (b) recuse himself from participating in any such matter. This finding is consistent with previous Commission holdings permitting state employees to pursue candidacies for the General Assembly. See Advisory Opinions 88-33, 90-21, 90-22.

Keywords

Dual Public Roles

Candidate