Advisory Opinion No. 96-60

Re: Amelia Crook

A. QUESTION PRESENTED

The Narragansett Town Solicitor requests an advisory opinion on behalf of an appointed member of the Personnel Board of Appeals for Narragansett as to whether she can participate in grievances from Public Service Employees Local Union 1033 given that she belonged to the same union as a former Providence employee, and now, even though retired from this position, is still a member of that Union.

B. SUMMARY

A member of the Personnel Board of Appeals for Narragansett can participate in grievances from Public Service Employees Local Union 1033 given that she is not a member of the same bargaining unit and that decisions on grievances as a member of the Narragansett Personnel Board of Appeals will not affect the petitioner. However, if any matter appears before the petitioner as a member of the Personnel Board of Appeals which will affect her individually or as a member of a defined group, she should exercise the notice and recusal sections of R.I. Gen. Laws § 36-14-6.

C. DISCUSSION

1. Facts

Amelia Crook is an appointed member of the Personnel Board of Appeals for the Town of Narragansett. The Personnel Board of Appeals considers all grievances filed by employees in the Town of Narragansett.

Mrs. Crook previously worked for the City of Providence and was a member of the Public Service Employees Local Union 1033. Mrs. Crook retired from that position, but is still a member of the union. Public Service Employees Local Union 1033 also has a bargaining unit in Narragansett that may appear before the Board. Mark McSally, Narragansett Town Solicitor, states on behalf of Mrs. Crook, that she is not a Union official, and that any benefits she receives as a retired employee of the City of Providence are not affected by Narragansett Personnel Board decisions. Additionally, Mr. McSally states that each bargaining unit of Public Service Employees Local Union 1033 has a separate contract and that Mrs. Crook derives no benefit from the contract between the Town of Narragansett and Public Service Employees Local Union 1033.

2. Analysis

The Rhode Island Code of Ethics provides that a public official shall not have any interest, financial or otherwise, direct or indirect, which is in substantial conflict with the proper discharge of his or her duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A public official has a substantial conflict with the proper discharge of her duties or employment in the public interest if she has reason to believe or expect that she or any business associate will drive a direct monetary gain by reason of her official activity. R.I. Gen. Laws § 36-14-7(a)

Amelia Crook is a member of Public Service Employees Local Union 1033, but of the Providence bargaining unit, not the Narragansett bargaining unit. Additionally, Mrs. Crook is retired and is not involved with grievances with her own unit of the Public Service Employees Local Union 1033. The Commission has previously found that public officials could not participate in matters concerning their own bargaining units' contract. A.O. 86-25. Similarly, the Woonsocket Public Safety Commissioner who was also member of North Smithfield Fraternal Order of Police Lodge #9 could participate in grievance matters dealing with the Fraternal Order of Police Lodge #32 as it was not his own bargaining unit. A.O. 94-11. However, given that Narragansett Public Service Employee Union matters do not affect that petitioner, no prohibition is required.

After considering the representations made by the petitioner and applicable provisions of the Code, the Commission advises Amelia Crook that she may participate in grievance matters as a member of the Narragansett Personnel Board of Appeals when Public Service Employees Local Union 1033 appears before her. However, we caution and advise the petitioner that if any matter appears before the petitioner as a member of the Personnel Board of Appeals which will affect her individually or as a member of a defined group, to exercise the notice and recusal sections of R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-6

36-14-7(a)

Related Advisory Opinions:

94-11

86-25

Keywords:

business associate

unions/bargaining unit