Advisory Opinion No. 97-5

Re: Dennis J. DeJesus

QUESTION PRESENTED

The petitioner, Cranston Director of Parks and Recreation, a municipal appointed position, requests an advisory opinion as to whether he may sell athletic apparel to school teams in Cranston given that the teams play on facilities under his supervision.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, Cranston Director of Parks and Recreation, a municipal appointed position, may sell athletic apparel to school teams that play on facilities under the petitioner's supervision. Since the petitioner does not have any discretion in scheduling the school teams, his activity appears to be ministerial in nature. Additionally, any information regarding the school teams that would come to the petitioner through his public position is generally available to the public. Therefore, the petitioner's private employment selling athletic apparel to school teams does not impact his position so as to cause a substantial conflict of interest with the proper discharge of his public duties. This opinion does not address potential problems that the petitioner may encounter if he sells apparel to non-school teams using the city's facilities where he may have more discretion in scheduling the facilities. If the petitioner should encounter this situation, he should either seek another advisory request for further guidance from the Commission o follow the requirements of Section 6 of the Code.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:



96-72

95-73

95-53

95-50

95-42

Keywords:

private employment

solicitation