Advisory Opinion No. 96-55

Re: John E. Aucott

QUESTION PRESENTED

A planner employed by the Rhode Island Emergency Management Agency requests an advisory opinion as to whether he may provide technical assistance and training to organizations outside of Rhode Island, on his own time, on subjects related to his state employment.

RESPONSE

The petitioner represents that he is a planner with the Rhode Island Emergency Management Agency and serves as a program manager in matters concerning chemical spills and in counter-terrorism issues such as chemical and biological incidents. Additionally, the petitioner states that he has been approached by private sector and public sector organizations outside of Rhode Island to provide technical assistance and training in these areas.

The Code of Ethics provides that the petitioner should not have any interest or engage in any business, employment, or professional activity which is in substantial conflict with the proper discharge of his duties in the public interest. Such an interest is present if the petitioner has reason to believe or expect that he will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. R.I. Gen. Laws § 36-14-5(a), 7(a). Additionally, the petitioner should not accept employment that would impair his independence of judgment as to his official duties or induce him to disclose confidential information by reason of his official duties. R.I. Gen. Laws § 36-14-5(b).

The Commission has previously considered other matters where a public employee sought to perform private work on his/her own time. In A.O. 95-102 the petitioner, the Richmond Town Planner, was advised that he could accept outside employment for a developer given that the developer had no matters pending before any Richmond board or agency and that the projects were located in East Greenwich. Also, in A.O. 90-01, the Commission concluded that a senior engineer with the Rhode Island Department of Environmental Management ("DEM") could accept a position conducting training seminar due to the fact that none of the companies that attend the seminars would be situated in Rhode Island. See also A.O. 93-68 (concluding the petitioner, a DEM employee, could simultaneously perform survey jobs during his spare time on a private basis given that his survey work would in no way be submitted to or be under the jurisdiction of the Rhode Island Department of Environmental Management). Based on the petitioner's representations that the training and technical assistance will take place outside of Rhode Island and outside of his normal working hours, we conclude that no inherent conflicts are present and that the Code of Ethics does not prohibit the petitioner from conducting training outside of Rhode Island and on his own time. However, in the event his duality of status impairs his independence of judgment as to his official duties or otherwise results in the disclosure of confidential information, the petitioner should exercise the notice and recusal sections of the Code.

Code Citations:

36-14-5(a)

36-14-5(b)

36-17-7(a)

Related Advisory Opinions:

95-102

93-68

90-01

Keywords:

private employment