Advisory Opinion No. 95-100

Re: George M. Resnick

A. QUESTION PRESENTED

Whether a member of the Johnston Planning Board may publicly express his personal viewpoint as either (1) a planning board member or (2) a private citizen.

B. SUMMARY

It is the opinion of the Rhode Ethics Commission that the Petitioner, a member of the Johnston Planning Board may publicly express his own viewpoints as a private citizen. The decision is based on the Commission's finding that Regulation 36-14-7003 allows those covered by the Code of Ethics to publicly express their own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual or his spouse or dependent child.

C. DISCUSSION

1. Facts

The Petitioner is a member of the Johnston Planning Board. The Planning Board recently issued an advisory opinion on proposed zoning changes. A public meeting was held on these changes. At that meeting the Petitioner attempted to voice his personal opinion, which represented a minority opinion of the Planning Board. The Petitioner was initially interrupted and advised that he could not speak as a member of the Planning Board. He was later told he may not be able to speak as a private citizen because of his membership on the Planning Board and lack of interest as an abutter. He was also told he may be susceptible to an Ethics Complaint.

The Petitioner requests an advisory opinion to determine whether he, a member of the Johnston Planning Board, may speak in public in the future.

2. Analysis

At issue in this advisory opinion request is whether a member of the Johnston Planning Board may publicly express his personal viewpoint either as (1) a planning board member or (2) as a private citizen. Regulation 36-14-7003 states that, "[n]o violation of this Chapter or regulations shall result by the virtue of any person publicly expressing his or her own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual or his or her spouse or dependent child." In accordance with this provision, the Petitioner may, as a private citizen express his personal viewpoints in a public meeting.

Whether he may speak on behalf of the Planning Board (when he represents the majority or the minority) and whether he may identify himself as a member of the Planning Board before speaking, are questions for the Planning Board/Town By-Laws. Furthermore whether to permit non-abutting private citizens to speak at a public meeting concerning zoning changes, is a question for the Town Council (which sits as Zoning Board) or the Town By-Laws.

Thus, it is the opinion of the Commission that a member of the Johnston Planning Board may publicly speak as a private citizen. The Commission bases its conclusion on past holdings which have allowed public officials and employees to publicly express their own viewpoints on any matter of general public interest or on any matter which directly affects them. See Advisory Opinions 93-35a, 93-35,91-89 and 91-78.

This opinion does not address any past conduct by the petitioner. Ethics Commission regulations and policy hold that the Commission may not issue advisory opinions as to the propriety of past conduct. Nor is this opinion intended as a comment or advisory as to the manner in which a municipal agency may conduct its proceedings.

Keywords

Public Forum Exception