Advisory Opinion No. 96-15

Re: Robert B. Jacquard

QUESTION PRESENTED

A legislator serving as a member of the House of Representatives in the Rhode Island Assembly requests advice as to whether he may vote on legislation requested by the City of Cranston concerning police and fire employee pension systems given that the legislator is also a member of the City of Cranston Police Department.

RESPONSE

The petitioner may participate and vote on legislation relating to the pension system of City of Cranston police and fire employees employed five years or less. Pursuant to the Rhode Island Code of Ethics, a legislator and member of the House Finance Committee who is also a member of the City of Cranston police and its pension system should not participate in matters relating to City of Cranston police pension benefits where he or she can derive a direct benefit. (See General Commission Advisory Opinion No. 13) However, in this matter, the legislator has been a member of the Cranston Police Department for sixteen years. The legislation in question only pertains to those police and fire personnel who have been employed with the City of Cranston five years or less. Thus, the petitioner will not derive a direct benefit from the legislation and thus, may vote on the subject legislation. See R.I. Gen. Laws § 36-14-5 (a) and (d) and R.I. Gen. Laws § 36-14-7.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7

Related Advisory Opinions:

GCA-13

92-10

95-94

91-39

95-56

91-27

95-55

91-25

94-25

Keywords:

Pension benefit