Advisory Opinion No. 96-112

Re: Robert Bell

QUESTION PRESENTED

The petitioner, Lincoln Planning Board Chairperson, a municipal appointed position, requests an advisory opinion as to whether he may purchase a lot in a subdivision given that the Planning Board's decision on the subdivision is on appeal.

RESPONSE

The Commission provides advisory opinions as to prospective conduct and does not opine, in the advisory context, as to actions that have already been taken. As such, this opinion is based solely on the current facts and does not examine or consider past conduct. In this matter, the petitioner, Lincoln Planning Board Chairperson, a municipal appointed position, would like to purchase a lot in a subdivision that was recently approved by the Planning Board. The Planning Board's decision has been appealed. It is the opinion of the Rhode Island Ethics Commission that the petitioner may purchase a lot in a subdivision so long as recuses himself, as Chair and Planning Board member, from participation in the appeal of the subdivision decision or any other matter affecting the subject property in accordance with Section 6 of the Code of Ethics. Recusal is necessary in order to avoid not only an appearance of impropriety, but also based on the petitioner's personal interest in the property and likelihood of receiving a financial gain by reason of his official activity.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

96-61

95-27

94-42

89-80

Keywords:

property interest