Advisory Opinion No. 97-21

Re: Marc A. Cote

QUESTION PRESENTED

The Petitioner, a legislator serving in the Senate, requests an advisory opinion as to whether he may advocate legislation on behalf of the Rhode Island Association of Realtors, of which he is a member, given that the legislation may benefit that Association.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a legislator serving in the Senate, may advocate legislation that may benefit the Rhode Island Association of Realtors notwithstanding that he is a member of that Association. This opinion is based on the fact that the Petitioner's membership in the Rhode Island Association of Realtors does not transform his relationship with that organization into that of "business associates" provided he is not in a position at the Association to affect its financial objectives through voting or other means. Since the Petitioner is not a business associate of the Association, he may fully participate in the advocacy of the legislation since it is not a substantial conflict of interest unless he would personally receive a financial benefit as a result of the proposed legislation. Given the limited nature of the Petitioner's involvement with the Association no such financial benefit would result.

Code Citations:

36-14-1(8)

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

97-9

96-54

95-59

Keywords:

membership