Advisory Opinion No. 95-87

Re: John T. Gannon, Esq.

A. QUESTION PRESENTED

Whether the City Solicitor for the City of Pawtucket may extend a business trip taken at City expense for several days of vacation when he will pay all the expenses for the additional days of stay himself and where the City will save money on his airfare because of a reduced rate attributable to the extended stay.

B. SUMMARY

The Code of Ethics prohibits public officials from using their public office for private gain or advantage. In the present instance, the City Solicitor for the City of Pawtucket is scheduled to attend a five-day seminar in Chicago, with airfare and expenses paid by the City. The seminar relates to his public duties and his attendance at the seminar was approved by the appropriate authorities in the City. He seeks advice on whether he may extend his stay in Chicago for several days of vacation at his own expense. His doing so will not cost the City any additional money; in fact, because of airline fare regulations, by staying several additional days his airfare will be reduced from $958.00 roundtrip to $283.00 roundtrip, a savings of $675.00 to the City. The Commission concludes that a) the petitioner's planned business trip was approved by the proper City authorities and relates to his public duties and responsibilities, b) rather than using his public office for private gain or advantage, the petitioner is simply delaying his return from a duly authorized business trip at his own expense, c) by delaying his return for several days the petitioner is neither costing the City any additional money nor is he benefiting impermissibly from a use of his public office, and d) by extending his planned trip at his own expense the petitioner will not violate provisions of the Code of Ethics.

C. DISCUSSION

1. Facts

John T. Gannon is the City Solicitor for the City of Pawtucket. He is scheduled to attend a five-day seminar in Chicago, with airfare and expenses paid by the City. The seminar relates to his public duties and his attendance at the seminar was approved by the appropriate authorities in the City. Mr. Gannon wishes to extend his stay in Chicago for several days at his own expense. By extending his stay for several days Mr. Gannon will not incur any additional expenses for the City. Also, because of airline fare regulations, by staying in Chicago those additional days his airfare will be reduced from $958.00 roundtrip to $283.00 roundtrip, a savings of $675.00 to the City.

2. Analysis

The Code of Ethics prohibits public officials from using their public office for private gain or advantage. In the present instance, the petitioner, Mr. Gannon, because of a business trip taken on behalf of the City of Pawtucket, finds himself in a situation where he may be able to enjoy several days of vacation in Chicago with his airfare having been paid by the City. Clearly, that is a private advantage for the petitioner. The Commission concludes, however, that the potential for private advantage is one that the petitioner did not create or induce; rather, the opportunity to extend his stay in Chicago was the result of fortunate serendipity. See, e.g., Advisory Opinion No. 90-23. As a result, the petitioner has not used his public office for private gain or advantage.

In that regard, the Commission specifically concludes that a) the petitioner's planned business trip was approved by the proper City authorities and relates to his public duties and responsibilities, b) rather than using his public office for private gain or advantage, the petitioner is simply delaying his return from a duly authorized business trip at his own expense, c) by delaying his return for several days the petitioner is neither costing the City any additional money nor is he benefiting impermissibly from a use of his public office, and d) by extending his planned trip at his own expense the petitioner is not using his public office for private gain or advantage and, therefore, will not violate provisions of the Code of Ethics by doing so.

Keywords

Travel