Advisory Opinion No. 96-101

Re: Richard DeLyon

QUESTION PRESENTED

On behalf of Richard DeLyon, Chief of Police for the City of Pawtucket, City Solicitor John Gannon requests an advisory opinion as to whether and to what extent the Chief of Police may participate in matters relating to the enforcement of State and City Liquor Control Laws given that he, the Chief, owns a fifty per cent interest in an establishment that maintains a Class B liquor license in the City of Pawtucket. Mr. Gannon advises the Commission that pursuant to an operating policy of the City of Pawtucket Police Department, revised as of August 7, 1996, Chief DeLyon has delegated his authority as complainant for liquor law violations to William T. Noonan, Director of Public Safety for the City, who will assume responsibility for reviewing such matters before they are forwarded to the Liquor Control Board for enforcement action.

RESPONSE

The Rhode Island Code of Ethics does not prohibit the Chief of Police for the City of Pawtucket from maintaining an ownership interest in an establishment, located in the City, that maintains a liquor license. The Chief and the City, recognizing that the Police Department has direct responsibility for enforcement of liquor control laws in the City, have adopted a policy that delegates the Chief's authority as complainant for liquor law violations to William T. Noonan, Director of Public Safety for the City, who will assume responsibility for reviewing such matters before they are forwarded to the Liquor Control Board for enforcement action. Adoption of this policy is consistent with any requirements of the Code of Ethics. See R.I. Gen. Laws 36-14-5(a), (b) and (d).

Chief DeLyon is further advised, however, that in the event a particular issue or matter comes before him in his capacity as Chief of Police that directly impacts either the establishment in which he maintains an ownership interest or one or more establishments that compete directly with his, such that the matter may directly impact his personal financial interests, he should either exercise the notice and recusal provisions of R.I. Gen. Laws § 36-14-6 and/or seek further guidance from the Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-6

Related Advisory Opinions:

96-49

89-60

Keywords:

business interest

financial interest

competitor