Advisory Opinion No. 96-64

Re: Robert P. Zuba

A. QUESTION PRESENTED

The Code of Ethics prohibits Robert P. Zuba, the Electrical Inspector for the Cities of Warwick and Central Falls, who also serves on the Board of Examiners of the Telecommunication System Contractors and Installers, requests an advisory opinion as to whether he may teach continuing education classes mandated for electricians and journeymen in the State.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a municipal electrical inspector and a member of the Board of Examiners of Telecommunication System Contractors and Installers, from simultaneously teaching continuing education classes where the Board neither regulates nor administers the mandatory education classes for electricians and journeymen.

C. DISCUSSION

1. Facts

The Petitioner, an electrician, is the electrical inspector for the Cities of Central Falls and Warwick. The Petitioner is also an appointed member of the Board of Examiners of Telecommunication System Contractors and Installers, the state agency responsible for promulgating regulations for the telecommunication industry.

The Rhode Island Department of Labor requires an electrician seeking renewal of his or her license to have completed fifteen hours of continuing education classes approved by the State Building Code Commissioner. Recently, the Petitioner has been asked to teach a fifteen-hour mandatory education class for electricians. The Petitioner advises that the Board of Examiners of Telecommunication and Installers is not in any way involved with the regulation or administration of continuing educational classes for electricians and journeymen.

2. Analysis

At issue in this advisory request is whether the Petitioner, as an appointed member of the Board of Telecommunication System Contractors and Installers and a municipal electrical inspector, will violate the Code of Ethics if he teaches a mandatory continuing education class required for electricians seeking license renewal. Under the Code of Ethics, the Petitioner 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 § 36-14-5(a). The Petitioner also may not accept other employment which either impairs his independence of judgment as to his official duties, or requires or induces him to disclose confidential information acquired in the course of his official duties. See R.I. Gen. Laws § 36-14-5(b).

In an analogous advisory opinion request, we concluded that the Code of Ethics did not prohibit the State Building Commissioner and members of his staff from teaching continuing educational classes for local officials and inspectors. See A.O. 92-49. In reaching this conclusion, the Commission recognized that a) the Building Commissioner and his staff possessed unique qualifications necessary to teach the courses; b) neither he nor any members of his staff were in a position to influence the Building Code Standards Committee; and c) the work as course instructors would not interfere with his or his staff's responsibilities as State employees). In that opinion, the Commission also concluded that members of the Building Code Standards Committee, who are statutorily charged with the task of developing and supervising the continuing education program, could not teach courses in this program since such simultaneous activity (regulating the program and teaching in the program) created an inherent conflict of interest.

After considering the Petitioner's request and the relevant provisions of the Code, we conclude that the Code of Ethics does not prohibit the Petitioner from teaching a mandatory continuing education class for electricians while he serves as either a municipal electrical inspector or a member of the Board of Telecommunication System Contractors and Installers. This conclusion is based on the Petitioner's representations that the Board of Telecommunication System Contractors and Installers neither regulates, requires, or administers the classes at issue. Based on such representations, it is our opinion that the teaching position will neither create a conflict of interest nor affect the Petitioner's independence of judgment. Also, there is no indication that the Petitioner's teaching position will conflict or in anyway affect his responsibilities as a municipal building inspector. However, in the event that the Petitioner's positions with the Board of Telecommunication System Contractors or as a municipal inspector require him to be involved with the regulation or administration of mandatory continuing education classes, the Petitioner should seek further advice from this Commission as to whether teaching such classes is permitted under the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-5(b)

Related Advisory Opinions:

92-49

Keywords:

private employment