Advisory Opinion No. 95-96

Re: Norman F. Lincoln

A. QUESTION PRESENTED

Whether the Code of Ethics permits Norman F. Lincoln to continue to serve as a member of the Warwick Affirmative Action Commission while he repays a home improvement loan to the City of Warwick.(1)

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that Mr. Lincoln would not violate the Code of Ethics if he continues to serve as a member of the Warwick Affirmative Action Commission while he simultaneously repays a home improvement loan to the City.

C. DISCUSSION

1. Facts

On September 15, 1994, the Mayor of Warwick appointed the petitioner to the Warwick Affirmative Action Commission. Before this appointment, the petitioner applied to the City for an interest-free $20,000 home improvement loan (partially financed by federal grants), which was approved in June or July of 1994. To repay this loan, the petitioner pays the City $95.48 a month.

2. Analysis

At issue in this advisory request is whether the petitioner may serve as a member of the Warwick Affirmative Action Commission while he simultaneously repays the City for an interest-free home improvement loan which he secured before his appointment to that Commission. Under the Code of Ethics, the petitioner may not have an interest or incur an obligation of any nature 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), R.I. Gen. Laws § 36-14-7(a). The petitioner is also prohibited from using his position or confidential information received through his position to obtain financial gain for himself or for any person within his family.

After considering the petitioner's situation, we conclude that the relevant provisions of the Code of Ethics do not prohibit him from serving as a member of the Warwick Affirmative Action Commission while he repays the home improvement loan to the City. It is our opinion that the petitioner did not use his position or confidential information received through this position to secure the loan. Also, the debt to the City does not create an interest which is in substantial conflict with the petitioner's duties as a member of the Affirmative Action Commission. Our conclusion is also based on past advisory opinions which have permitted public officials to apply for a loan while simultaneously serving in a public capacity. See A.O. 89-22 (permitting a member of the Pawtucket City Council to apply for a home improvement loan from a program administered by the Pawtucket Planning and Development Commission); (allowing a State Representative to apply for or obtain a mortgage loan by or through the Rhode Island Housing and Mortgage Finance Corporation). The petitioner, however, is cautioned and advised that if a situation arises whereby the Affirmative Action Commission is asked to consider a matter relating to the repayment and/or issuance of home improvements loans, he should a) advise his Commission, in writing, of the existence and nature of his interest in the matter at issue, and b) recuse himself from voting or otherwise participating in the matter at issue.

Footnotes

(1) In his original request, the petitioner also raised a question concerning the conduct of other members of the Affirmative Action Commission without having received authorization from such members. As to this issue, a member of the staff informed the petitioner that he should seek a declaratory ruling pursuant to Commission Regulation 1025 or, if he believes that the other members' conduct was unethical, file a complaint. This advisory opinion, therefore, does not address the petitioner's other request.

Keywords

Government Benefits

Government Loans