Advisory Opinion No. 96-44

Re: Peter Soursa

Question Presented

The Coventry Director of Planning requests an advisory opinion on behalf of a potential member of the Coventry Conservation Commission as to whether the member may serve on the Conservation Commission while continuing his private work as a land surveyor and representing applicants for subdivision and zoning issues before the Coventry Zoning Board of Review or the Coventry Planning Commission. The member would recuse from any participation in any matter before the Conservation Commission in which he was involved as a land surveyor.

Summary

The Rhode Island Code of Ethics does not prohibit a land surveyor from serving as an appointed member of the Coventry Conservation Commission. Although in his private capacity the petitioner appears before the Coventry Zoning Board of Review and Coventry Planning Commission, Code Regulation 5008 does not apply to him because he does not exercise fiscal or jurisdictional control over any municipal agency.

The petitioner represents that he would recuse himself from any participation in any matter that he is involved in as a land surveyor. The Ethics Commission concurs that he should recuse in those matters so as to avoid a substantial conflict of interest, and notes that he should do so in accordance with R.I. Gen. Laws § 36-14-6. Additionally, in the event his duality of status impairs his independence of judgment or otherwise results in the disclosure of confidential information, he should utilize the recusal provisions of the Code. (See R.I. Gen. Laws § 36-14-5(b).)

Response

The Rhode Island Code of Ethics does not prohibit a land surveyor, from serving as an appointed member of the Coventry Conservation Commission. Although in his private capacity the petitioner appears before the Coventry Zoning Board of Review and Coventry Planning Commission, Code Regulation 5008 does not apply to him because he does not exercise fiscal or jurisdictional control over any municipal agency. However, the Code provides that the petitioner cannot disclose or use information received as part of his official duties to obtain a financial gain and that he should not have any interest in substantial conflict with the proper discharge of his duties. R.I. Gen. Laws § 36-14-5 (b), (d) and 7(a). The Coventry Conservation Commission, among other things, makes recommendations to the Town Council on proposals submitted to it or its various departments or boards. Additionally, the Conservation Commission may make other recommendations as to "...natural resources, protect watershed resources, and preserve natural aesthetic areas within the town." Coventry Code §2-105. The petitioner represents that he would recuse himself from any participation in any matter that he is involved in as a land surveyor. The Ethics Commission concurs that he should recuse in those matters so as to avoid a substantial conflict of interest and that he should do so in accordance with R.I. Gen. Laws § 36-14-6. Additionally, in the event his duality of status impairs his independence of judgment or otherwise results in the disclosure of confidential information, he should utilize the recusal provisions of the Code. (See R.I. Gen. Laws § 36-14-5(b).)

Code Citations:

36-14-5(b)

36-14-5(d)

36-14-6

36-14-7(a)

36-14-5008

Related Advisory Opinions:

96-1

95-102

94-63

94-39

93-68

92-13

89-98

Keywords:

private employment