Advisory Opinion No. 96-90

Re: James F. Marcello

QUESTION PRESENTED

The Director of the City of Warwick's Building Department requests an advisory opinion as to whether the Code of Ethics prohibits him from considering for employment the fiancee of the Building Commissioner for the State of Rhode Island in light of the fact that the jurisdiction of the State Commissioner does not extend to matters that would be reviewed by the City of Warwick.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Director of the City of Warwick's Building Department from considering for employment, or hiring, the fiancee of the Building Commissioner for the State of Rhode Island. The jurisdictions of the State and the City of Warwick are not coterminus, nor does the State Commissioner exercise any control or authority over the City's Department. Therefore, nothing in the Code of Ethics prohibits the City's Building Department considering, or hiring, for employment, the Commissioner's fiancee. If, however, the prospective employee is selected for the position, she may well encounter situations where the interests of the City and the State intersect with respect to building issues. If and when that happens, the Commission advises Mr. Marcello that it is incumbent upon him to ensure that, if necessary, either his department or the employee seek additional guidance from this Commission as to the requirements of the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(e)

Keywords:

nepotism