Advisory Opinion No. 96-78

Re: Patricia Ann Costa

A. QUESTION PRESENTED

The Petitioner, Administrative Clerk of the Warren Town Clerk's Office, a municipal employee, requests an advisory opinion as to whether she may also serve as Secretary to the Warren Democratic Committee.

B. SUMMARY

The Code of Ethics does not prohibit the Petitioner, Administrative Clerk for the Warren Town Clerk's Office, a municipal employee to also serve as Secretary to the Warren Democratic Committee. This is based on the fact that as an Administrative Clerk in the Town of Warren the Petitioner is performing ministerial tasks. However, in the event that the Petitioner is given more significant and non-ministerial responsibility in the election area, the Commission cautions and advises the Petitioner to either seek further guidance from this Commission or recuse herself from participating in matters involving elections within the jurisdiction of the Town Clerk. Additionally, in the event her duality of status impairs her independence of judgment or results in the disclosure of confidential information, she must (a) notify the Town, in writing, of the nature of her interest in the matter and (b) recuse herself from participating in any such matter.

C. DISCUSSION

1. Facts

The Petitioner is employed as an administrative clerk with the Warren Town Clerk's Office. In that position she processes voter registrations, reports, and participates in the preparation of the election.

The Petitioner has been asked to serve as Secretary to the Warren Democratic Committee. Given this duality of status, the Petitioner requests an advisory opinion as to whether there are any conflicts in holding these two positions simultaneously.

2. Analysis

At issue in this advisory opinion is whether a Town administrative clerk performing functions related to elections may also serve as Secretary to that Town's Democratic Committee.

Under the Code of Ethics, the Petitioner may not accept other employment which will either impair her independence of judgment as to her official duties or require her, or induce her, to disclose confidential information acquired by her in the course of her official duties. R.I. Gen. Laws § 36-14-5(b). Additionally, the Petitioner shall not appear before her own agency. R.I. Gen. Laws § 36-14-5(e).

Notwithstanding the Commission's previous decisions that political activity outside of work hours and without use of public resources is not covered by the Code of Ethics, the Commission has also found that certain public jobs require that the official not participate in partisan activities or employment. See 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 the certification of nomination papers (which involves checking to ensure that all of the signatures represent registered voters), registering voters, and the taking of minutes at Board meetings. See also A.O. 92-46 (Pawtucket City Clerk could participate in political events and activities provided that the activity is performed outside of his official responsibilities as the City Clerk); A.O. 95-39 (former City Councilor could accept job as an Executive Assistant to the Board of Elections provided that he would have no involvement with any political activity relating to an election within the jurisdiction of the Board as it would implicate R.I. Gen. Laws § 36-14-5(b) and (e)); A.O. 91-62 (Clerk to the Board of Canvassers could not simultaneously serve on a finance committee of a candidate for public office because it would result in an appearance of impropriety and other possible violations of the Code of Ethics). In contrast, the Commission has advised a member of the West Greenwich Board of Canvassers would not violate the Code if she served as a non-participating, non-voting secretary of the Republican Town Committee. The Commission noted, that if she certified papers or participated in adjudications relating to members of the Republican Town Committee, a potential conflict would arise. A.O. 83-40.

In this matter, an administrative clerk in the Town would be the Secretary of the Warren Democratic Committee. Here the administrative clerk performs ministerial tasks relating to elections and presumably has no authority to act in substantive matters such as certification of papers. Therefore, the duality of status does not present an inherent conflict of interest.

Based on the Petitioner's representations, provisions of the Code, and past advisory opinions, we conclude that the Petitioner may serve as an administrative clerk for the Town of Warren and simultaneously serve as Secretary to the Warren Democratic Committee. In the event that the Petitioner is given more significant and non-ministerial responsibility such as that described above, the Commission cautions and advises the Petitioner to either seek further guidance from this Commission or recuse herself from participating in matters involving elections within the jurisdiction of the Town Clerk. Additionally, in the event her duality of status impairs her independence of judgment or results in the disclosure of confidential information, the Petitioner must (a) notify the Town, in writing, of the nature of her interest in the matter and (b) recuse herself from participating in any such matter.

Code Citations:

36-14-5(b)

36-14-5(e)

Related Advisory Opinions:

95-39

92-46

91-62

83-40

Keywords:

ministerial

political activity