Advisory Opinion No. 96-48

Re: Edward L. Murphy

QUESTION PRESENTED

The Chairperson of the Warwick Board of Canvassers requests an advisory opinion as to whether an active officer of a political party can be employed by the Board of Canvassers in compliance with the Code of Ethics.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that an employee of the Warwick Board of Canvassers may serve as an officer in a political party. This opinion is based on representations that the employee performs ministerial tasks and, presumably, without authority to act in substantive matters. The Commission notes that this opinion is distinguished from A.0. 91-62 where the Commission found that the Clerk to the Warwick Board of Canvassers could not simultaneously serve on a finance committee of a candidate for public office. That opinion was based on the duties of the clerk, including certification of nomination papers (involving checking to ensure that all of the signatures represent registered voters), registering voters, and the taking of minutes at Board meetings. In the event that this employee is given more significant and non-ministerial responsibility such as that described above, the Commission advises that the employee seek another advisory opinion.

Code Citations:

36-14-5(b)

36-14-5(e)

Related Advisory Opinions:

95-39

91-62

89-62

83-72

83-40

83-38

83-37

82-36

Keywords:

political activity