Advisory Opinion No. 95-99

Re: Rose Marie Bennett

A. QUESTION PRESENTED

Whether a secretary for the Central Falls Mayor may participate in the Central Falls Homebuyers Assistance Program administered by the Division of Planning and Community Development without violating the Code of Ethics.

B. SUMMARY

It is the opinion of the Rhode Ethics Commission that the Petitioner, a secretary for the Mayor of Central Falls, may participate in the Central Falls Homebuyers Assistance Program without violating the Code of Ethics. The decision is based on the Commission's finding that (1) the Petitioner works in the Mayor's office and not for the Division administering the Homebuyers Assistance Program, (2) notification of the Program was made to the general public, (3) there are standard qualifications all applicants must meet, and (4) the Mayor's involvement in the matter is nondiscretionary.

C. DISCUSSION

1. Facts

The Petitioner is employed as a secretary to the Mayor of Central Falls. She recently applied for a deferred loan through the Central Falls Homebuyers Assistance Program (the "Program"). The Central Falls Homebuyers Assistance Program is administered by the Division of Planning and Community Development (the "Division"). The Program was established to combat the abundance of absentee landlords by promoting owner occupied purchases through deferred loans. To fund this Program, the Division applied for federal funding and recently received $15,000. Three "notice" display ads were placed in the newspaper informing the public of the availability of the funds and the how the application process would work.

The Program provided for either 50% of closing costs or a maximum of $3,000 to five qualified(1) first time home buyers purchasing one to three family structures in Central Falls. Interested parties were instructed to secure applications from the Division and submit them by September 22, 1995. Seven applicants would then be selected through a lottery by the Mayor. All applications were scheduled to be placed in a box on September 29, 1995. The Mayor would chose seven. The first five applicants drawn would receive assistance contingent upon securing approval from a certified lending institution. If any one of those five did not receive approval, the sixth applicant would step in for the same opportunity and so on.

The Petitioner secured her application through the Division and has completed and submitted it for consideration. She now seeks advice as to whether it would be a violation of the Code of Ethics if she participates in the Program.

2. Analysis

At issue in this advisory opinion request is whether a secretary for the Central Falls Mayor may participate in the Central Falls Homebuyers Assistance Program administered by the Division of Planning and Community Development without violating the Code of Ethics. The Petitioner is employed by the Mayor. The Program she has applied for is administered by the Division of Planning and Development, an office separate and distinct from the Mayor's. Furthermore, the Program was advertised to the general public. Additionally, the Petitioner had to meet the standard criteria set forth for each applicant. Finally, the involvement of her supervisor, the Mayor, is limited to a nondiscretionary function.

Thus, it is the opinion of the Commission that the secretary to the Mayor of the City of Central Falls may participate in the Central Falls Homebuyers Assistance Program administered by the Division of Planning and Development. The Commission bases its conclusion on past holdings which have allowed public officials and employees to participate in programs offered by the agencies to which they have are associated as members or employees or over which they have jurisdiction if the individuals are completely insulated from all aspects of the selection process for or administration of said programs. See Advisory Opinions 89-22, 90-47, 90-55 and 88-52.

Footnotes

(1)To qualify, an applicant had to meet income guidelines created by HUD and adopted by the Division.

Keywords

Government Benefits

Government Loans

Ministerial