Advisory Opinion No. 96-97

Re: Gary Murano

QUESTION PRESENTED

The Petitioner, Chairperson of the Westerly Housing Authority Board of Commissioners, an appointed municipal official, requests an advisory opinion as to whether he may vote on a union contract involving Local 1217 given that he is also employed by the Town of Westerly and a member of the same union, but a different local, Local 1215.

RESPONSE

The Rhode Island 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 or her duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A public official has a substantial conflict with the proper discharge of his duties or employment in the public interest if he has reason to believe or expect that he or any business associate will derive a direct monetary gain by reason of his official activity. R.I. Gen. Laws § 36-14-7(a).

The Commission has previously found that public officials could not participate in matters concerning their own bargaining units' contract. A.O. 86-25. Similarly, the Woonsocket Public Safety Commissioner who was also member of North Smithfield Fraternal Order of Police Lodge #9 could participate in grievance matters dealing with the Fraternal Order of Police Lodge #32 as it was not his own bargaining unit. A.O. 94-11. See also A.O. 96-60 (Personnel Board of Appeals member could participate in grievance matters when her union, but not her bargaining unit appeared before her). In this mater, the Petitioner is a member of the same union, but a different local and is not subject to the same contract. Additionally, the Petitioner is not a union official that negotiates such contracts.

After considering the representations made by the Petitioner and applicable provisions of the Code, the Commission advises the Petitioner, a municipal appointed official, that he may participate in the contract matter with RI Laborers' Local 1217 as a member of the Westerly Housing Authority. This is based on the lack of substantial conflict with the Petitioner's duties and that Local 1217 is not a business associate of the Petitioner. However, we caution and advise the Petitioner that if any matter appears before the Petitioner as a member of the Westerly Housing Authority which will affect him individually or as a member of a defined group, to exercise the notice and recusal sections of R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-6

36-14-7(a)

Related Advisory Opinions:

86-25

94-11

Keywords:

business associate

unions