Advisory Opinion No. 97-2

Re: David W. Fish

QUESTION PRESENTED

The petitioner, Principal Civil Engineer in the Bridge Design Section of the Rhode Island Department of Transportation, a state employee, requests an advisory opinion as to whether he may submit materials for approval to the Highway Maintenance Section and Road Design Section of the Department of Transportation.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, Principal Civil Engineer in the Bridge Design Section of the Rhode Island Department of Transportation (DOT), a state employee, may submit materials for approval to the Highway Maintenance Section and Road Design Section of the Department of Transportation. The Bridge Design, Road Design and Maintenance sections are separate and distinct entities within the DOT, the petitioner's employer. The submission of materials to those entities is more a ministerial than substantive action and, therefore, is not barred by the Code of Ethics. R.I. Gen. Laws § 36-14-5(e) prohibits the petitioner from representing himself or another person before each of the sections; i.e.; each is a part of the part of the agency by which the petitioner is employed.

The prohibition is not absolute, however, and does allow some ministerial efforts to be carried out by an employee. The work allowed under the Code may include the submission of materials for approval as well as routine follow-ups to these submissions. However, the petitioner may not have any personal involvement with a matter before the Bridge Design Section, the Highway Maintenance Section or the Road Design Section of DOT that goes beyond ministerial activities such as hand delivering documents to or reviewing files at those sections so as to constitute "representing another person" nor serve as an expert witness before the expiration of one year from the date of his official severance from the Department. R.I. Gen. Laws § 36-14-5(e).

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(c)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

96-102

94-64

93-68

Keywords:

business interest

private employment

revolving door