Advisory Opinion No. 96-31

Re: Patricia A. Macioci & Cheryl A. Marthers

A. QUESTION PRESENTED

Two employees of the Department of Children, Youth and Families (DCYF), serving as Social Caseworkers in the Specialized Services Unit, are involved in their private capacities with a graphic design studio on a part-time basis. They request an advisory opinion as to whether the Code of Ethics prohibits them from soliciting business from or providing graphic design services to residential facilities or private child welfare groups. The petitioners represent that their graphic design contacts are made on their personal time and that they never compromise their daily duties at DCYF.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioners, employees of the Department of Children, Youth and Families (DCYF) serving as Social Caseworkers in the Specialized Services Unit, from soliciting business from or providing graphic design services to residential facilities and child welfare groups. This conclusion is based on the Petitioners' representations that (a) the Placement Unit and other officials at Department of Children Youth and Families decide where, if necessary, to place developmentally delayed children; and (b) all graphic design solitication and services will be completed after normal working hours.

C. DISCUSSION

1. Facts

The Petitioners, as Social Caseworkers for the Department of Children Youth and Families (DCYF), work in the Specialized Services Unit with developmentally delayed children who either live at home or in an outside residential care facility. As part of their case management responsibilities, the Petitioners, on occasion, must recommend whether a client should be placed in a residential care facility. Petitioner Cheryl Marthers advises that although a Social Caseworker may recommend a residential care facility, the Placement Unit and other officials from DCYF actually decide where and when to place a child.

In addition to their employment with DCYF, the Petitioner and two other individuals operate a graphic design studio in Warwick, R.I., which provides, among other things, brochures, logos, and photograph services. For this business, the Petitioners are responsible for contacting clients and securing projects for the studio. The Petitioners advise that all work for their studio is completed on their "own time" and that they "never compromise [their] daily duties at DCYF for any studio commitment."

Recently, a case manager for the Crotched Mountain Rehabilitation Center, a facility where children/clients of the Petitioners have been placed, informed the Petitioners that the Vice-President of this Center may be interested in developing a brochure. The Petitioners have not yet contacted this individual because of concerns of potential ethical violations.

2. Analysis

Essentially at issue in this advisory opinion request is whether the Petitioners may provide graphic art services to a residential facility or a private child welfare group that has a working relationship with DCYF. Under the Code of Ethics, the Petitioners may not engage in any business or professional activity which is in substantial conflict with the proper discharge of their duties or employment in the public interest. See R.I. Gen. Laws § 36-14-7(a). The Petitioners also may not accept other employment which either impairs their independence of judgment as to their official duties, or require or induce them to disclose confidential information acquired in the course of their official duties. See R.I. Gen. Laws § 36-14-5(b). Further, the provisions of R.I. Gen. Laws § 36-14-5(d) prohibit the Petitioners from using their positions or confidential information received though their positions to obtain financial gain for themselves or for any business by which they are employed.

After considering the Petitioners' request and the relevant provisions of the Code of Ethics, we conclude that the Code of Ethics does not prohibit the Petitioners from providing graphic art services to residential facilities or private child welfare groups that are in some way associated with DCYF. This conclusion is based on the Petitioners' representations that a) the Placement Unit and other officials at Department of Children Youth and Families decides where, if necessary, to place developmentally delayed children; and b) all graphic design services are completed after normal working hours. We note that as to these Petitioners, there is no evidence to suggest that they are privy to any confidential information as Social Caseworkers regarding the private welfare facilities or child welfare groups or that they could use their positions as Social Caseworkers as a means to encourage said facilities or groups into hiring their firm.

Code Citations:

36-14-5(b)

36-14-5(d)

36-14-7(a)

Keywords:

private employment

solicitations