Advisory Opinion No. 96-26

Re: J. Michael Martineau

Question Presented

An elected councilor serving on the Woonsocket City Council, who also is employed by the State of Rhode Island, Department of Health, Division of Drinking Water Quality, requests an advisory opinion as to whether he may participate in discussions and votes before the Council on issues relating to the City of Woonsocket's drinking water.

Response

The Code of Ethics does not prohibit an elected councilor serving on the Woonsocket City Council, who also is employed by the State of Rhode Island, Department of Health, Division of Drinking Water Quality, from participating in discussions and votes before the City Council on issues relating to the City of Woonsocket's drinking water. Absent some other factors, the petitioner's prospective actions regarding drinking water issues as a Member of the City Council do not in and of themselves implicate any private interests of his, nor is there any indication that actions taken by the petitioner as a member of the council might somehow result in any personal benefit to him. Absent such potential financial interest the participation by the petitioner would not violate any provisions of the Code of Ethics. See R.I. Gen. Laws 36-14-5(a), (b), (d) and 7. In fact, the expertise on drinking water issues that the petitioner may possess because of his employment with the Department of Health should be of benefit to the consideration of certain issues by the City Council. If, however, the petitioner's responsibilities as either a Member of the City Council or as an employee of the Department of Health place him in a position where he is faced with taking action that would impact upon any personal interest of his, he should follow the dictates of R.I. Gen. Laws 36-14-6 relating to notice and recusal.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-6

36-14-7

Related Advisory Opinions:

96-9

95-92

94-58

93-83

93-81

Keyword:

dual public roles