Advisory Opinion No. 97-11

Re: Artin H. Coloian

QUESTION PRESENTED

The Petitioner, Executive Assistant to the Mayor of Providence, a municipal employee, requests an advisory opinion as to the proper course of action in a pending variance matter on his property before the Providence Zoning Board, members of which are appointed by the Mayor.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Executive Assistant to the Mayor of Providence, a municipal employee, may appear before the Zoning Board for a variance concerning property that he owns. This opinion is consistent with previous advisory opinions that have allowed public officials to appear before boards where they have a vested property right regardless of the fact that an appearance before a particular board may constitute a conflict of interest. Here, the Petitioner himself is not the appointing authority for the members of the Zoning Board, although he may have some involvement with the selection process given his position in the Mayor's Office. Clearly, then, the Petitioner should use caution in this matter so that he does not in any way use his position to influence members of the Zoning Board improperly, which would give rise to a violation of R.I. Gen. Laws § 36-14-5(d). Merely appearing before the Board to press his application, however, is not prohibited.

Code Citations:

36-14-5(d)

36-14-5(e)

Related Advisory Opinions:

95-57

95-27

94-19

92-29

Keywords:



property interest