Advisory Opinion No. 95-102

Re: Joseph D. Lombardo

A. QUESTION PRESENTED

Whether Joseph D. Lombardo, the Richmond Town Planner, may, in his private capacity, accept employment as a planning consultant/facilitator for projects in East Greenwich from a residential subdivider/developer who has completed other projects in Richmond?

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics would not prohibit Mr. Lombardo from accepting outside employment as a planning consultant/facilitator for a residential developer who does business in Richmond based on the petitioner's representations that: a) the developer has no matters pending with any board or agency within Richmond; b) the projects he has been solicited to work on are located in East Greenwich; c) in the event that the developer submits new matters requiring approval by a board or agency within Richmond, he would recuse himself from his review duties as a Town Planner; and d) the developer would reimburse Richmond for any additional expenses incurred by hiring a Deputy Town Planner to review his plans.

C. DISCUSSION

1. Facts

The petitioner currently serves as the Town Planner for the Town of Richmond, having been appointed by the Richmond Town Council. In this capacity, the petitioner advises the Town Council and Planning Board on a variety of matters, including the process for reviewing subdivision and development plans.

Recently, Mr. Paul Mihailides, a local developer, has asked the petitioner to work for him as a planning consultant/facilitator for a project located in East Greenwich and other projects located in Rhode Island and out of state. As a planning consultant, the petitioner advises that his responsibilities would include overseeing the approval process for subdivisions, assisting with the preparation of necessary documents to be submitted to the town, and attending town meetings.

Mr. Mihailides is part owner of Foster Woods Subdivision and Boulder Hills Country Club, both of which are located in Richmond. The Petitioner advises that, as to both properties, the Town has completed its review and he would not be called upon to take any action on behalf of the Town. The petitioner also advises that, in the event that Mr. Mihailides presents any new matters before any agency or board within Richmond, he would recuse himself. Also, if the Town Council or Planning Board had to hire a Deputy Town Planner to review such submissions, Mr. Mihailides would reimburse the Town of Richmond for any added expenses.

2. Analysis

At issue in this advisory request is whether the petitioner, the Richmond Town Planner may accept outside employment as a planning consultant on projects located outside of Richmond for a developer who has done business in Richmond where the developer has no matters/applications pending with the Town. Under the Code of Ethics, the petitioner may not engage in any business or professional activity which is in substantial conflict with the proper discharge of his duties or employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). The petitioner is also prohibited from using his position or confidential information received though his position to obtain financial gain for himself or for any business by which he is employed. See R.I. Gen. Laws § 36-14-5(d). Additionally, pursuant to R.I. Gen. Laws § 36-14-5(b), the petitioner may not accept other employment which will either impair his independence of judgment as to his officials duties or require him, or induce him, to disclose confidential information acquired by him in the course of his official duties.

After considering his request, we conclude that the relevant provisions of the Code of Ethics do not prohibit the petitioner from accepting employment from Mr. Mihailides as a planning consultant/facilitator. This conclusion is based on the petitioner's representations that a) the projects he will work on will not be in Richmond; b) Mr. Mihailides, his employer, does not have any outstanding applications or other matters before any Richmond board or agency; and c) in the event that Mr. Mihailides submits new matters requiring Town approval, the petitioner would recuse himself from his duties as Town Planner; and d) Mr. Mihailides would reimburse the Town for the additional expenses incurred by the Town in employing a Deputy Town Planner to review, if necessary, his [Mihailides'] submitted plans. The petitioner is reminded that if Mr. Mihailides submits any matters to the Town necessitating his recusal, the petitioner should follow the notice and recusal procedures set forth in R.I. Gen. Laws § 36-14-6.

Keywords

Private Employment

Recusal