Advisory Opinion No. 96-19

Re: Nick Butziger

A. QUESTION PRESENTED

An appointed official, a member of the Rhode Island Marine Fisheries Council who derives a limited annual gross income (i.e., $500 - $1000) from tautog fishing, requests an advisory opinion as to whether he may vote on matters that come before the Council relating to tautog fishing.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit an appointed official who serves as a member of the Rhode Island Marine Fisheries Council and who derives a limited annual gross income (i.e. $500 - $1000) from tautog fishing from voting on tautog fishing issues that come before the Council provided that (1) those issues are matters of general application, and (2) the matters are not likely to affect him to any greater or lesser extent than other individuals or entities involved in the tautog fishing industry. The petitioner is advised, however, that if and when an issue comes before the Council that is likely to have a direct financial impact on him and/or his charter boat company, and the issue is likely to affect him to a greater extent than the industry generally, he should recuse from participation.

C. DISCUSSION

1. Facts

Captain Nick Butziger is a member of the Rhode Island Marine Fisheries Council. Among the various issues that are considered by the Council are those relating to tautog fishing.

He also is an officer (treasurer) of the Rhode Island Party & Charter Boat Association, which represents 45 charter boat owner/operators in the state. The Association is a non-profit organization of captains, associate members and businesses. The organization exists for the sole purpose of promoting sportfishing in Rhode Island. Captain Butziger's principal source of income is as a teacher. In addition, he is the owner/operator of a charter boat that has derived less than $1000 in annual gross income relating to tautog fishing during the past two years.

2. Analysis

The Code of Ethics prohibits public officials and employees from taking official actions or using their public office to derive private financial gain for themselves, family members or business associates. See R.I. Gen. Laws § 36-14-5(a) and (d). An exception to this general rule is found in Section 7(b) of the Code which provides that a conflict of interest does not exist for a public official, notwithstanding the fact that he or she has a financial interest in a matter, if any benefit or detriment accrues to him or her as a result of an official action "to no greater extent than any other similarly situated member" of a business or profession.

Here, Captain Butziger will have occasion to vote and otherwise consider issues relating to tautog fishing that come before the Rhode Island Marine Fisheries Council. He has a limited financial interest in tautog fishing. The information received from Captain Butziger indicates, however, that the issues he will consider relating to tautog fishing will be of general application; i.e., as a matter of course he will not be called upon to vote or otherwise participate in matters that directly affect him exclusively or as a member of a narrow group. The Code of Ethics does not prohibit him from voting on tautog fishing issues that come before the Rhode Island Marine Fisheries Council provided those issues are matters of general application, and are not likely to affect him to any greater or lesser extent than other individuals or entities involved in the tautog fishing industry. See R.I. Gen. Laws § 36-14-5 and 7. Captain Butziger is advised, however, that if and when issues come before the Council that are likely to have a direct financial impact on him and/or his charter boat company, and the issue is likely to affect him to a greater extent than the industry generally, he should recuse from participation. See R.I. Gen. Laws § 36-14-6 and 7.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7

36-14-7(b)

Keywords:

financial interest

class exception