Advisory Opinion No. 96-94

Re: Roger Bouchard

QUESTION PRESENTED

The Petitioner, Commissioner of the Woonsocket Housing Authority, a municipal appointed official, requests an advisory opinion as to whether impermissible conflicts exist requiring his resignation by virtue of his private employment as president and general manager of a radio station at which the Housing Authority has purchased advertising time.

RESPONSE

The Code of Ethics provides that a public official shall not accept other employment which will either impair his or her independence of judgment as to his or her official duties or employment or require him or her to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties. R.I. Gen. Laws § 36-14-5(b). Additionally, a public official shall not have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties in the public interest. A substantial conflict occurs when the public official has reason to believe or expect that he or she or any business associate or any business by which the person is employed will derive a direct monetary gain or suffer a direct monetary loss, by reason of his or her official activity. R.I. Gen. Laws § 36-14-5(a), 7(a).

We conclude that the Code of Ethics does not require the Petitioner to resign his position as Commissioner of the Woonsocket Housing Authority, a municipal appointed position. However, the Petitioner should not participate, as a Commissioner, in the purchasing of air time from his employer by the Housing Authority. Similarly, the Petitioner should not participate in the solicitation or allocation of air time for the Housing Authority by his employer radio station. Given these recusals, the Code of Ethics does not prohibit such a transaction between the Housing Authority and the radio station based on the facts presented. Since the Petitioner does not and will not participate in these matters, his independence of judgment is not at issue. Additionally, given the Petitioner's recusal, he should not have any reason to believe or expect that he or his employer will derive a direct monetary gain or suffer a direct monetary loss, by reason of his or her official activity and therefore erases the specter of a substantial conflict with the Petitioner's duties in the public interest. Finally, we advise the Petitioner that if this matter should appear before him as a Commissioner, he should exercise the notice and recusal section of the Code and file such recusal with the Housing Authority and with the Ethics Commission. R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

96-72

95-80

92-23

91-82

90-78

Keywords:

private employment

purchasing