Advisory Opinion No. 96-96

Re: The Honorable Thomas A. Palangio

QUESTION PRESENTED

A legislator elected as a Representative in the General Assembly, requests an advisory opinion as to whether he may introduce legislation creating a Special House Commission to study the rules, regulations, and laws as they pertain to the automobile dealers business given that he is a co-owner in the business of purchasing and selling used automobiles.

RESPONSE

The 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 duties in the public interest and of his or her responsibilities as prescribed in the laws of this state. R.I. Gen. Laws § 36-14-5(a). A substantial conflict occurs if the public official has reason to believe or expect that he or she 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 § 36-14-7(a).

In this matter, Representative Palangio is co-owner and operator of Consumers Auto Sales and Finance which revolves around the purchasing and selling used automobiles. The proposed resolution simply creates a Special House Commission to study the rules, regulations, and laws as they pertain to the automobile dealers' business. As currently drafted, the resolution provides for appointment of the commission, its purpose, and requires the commission to report its findings to the House of Representatives. Given the advisory nature of the proposed commission, the proposed legislation does not present a substantial conflict of interest with the proper discharge of the Petitioner's duties in the public interest. Therefore, we conclude that the Petitioner may introduce the subject resolution as well as participate in discussion and voting on the matter. However, we caution the Petitioner that if he is requested to serve on this study Commission, that he should seek further guidance from the Ethics Commission concerning potential conflicts.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

95-36

Keywords:

business interest