Advisory Opinion No. 97-22

Re: Robert J. Pryor

QUESTION PRESENTED

The Petitioner, the Chairperson of the Greenville Water District Executive Board, a municipal elected official, requests an advisory opinion as to whether he will violate the Code of Ethics if he a) recuses himself from the Board's consideration of candidates for a Senior Water Meter Reader if his son-in-law applies for this position; and b) assuming his son-in-law is hired for this position, if he recuses himself from any discussions or negotiations with the District's union regarding this position.

RESPONSE

The Code of Ethics prohibits public officials from taking any official action that is likely to have a direct financial or monetary impact on, among others, a family member or from having an interest which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-5(d) and 36-14-7(a). A substantial conflict of interest occurs if the Petitioner has reason to believe or expect that a family member will derive a direct monetary gain by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a).

Here, it is clear that, given his son-in-law's interest in the position, the Petitioner has an interest in substantial conflict with his public duties as to issues associated with the position of Senior Water Meter Reader, thereby triggering the prohibitions set forth in R.I. Gen. Laws §§36-14-5(a) and 5(d). See A.O. 96-110. Given this interest, in order to comply with the Code of Ethics, the Petitioner must recuse himself from a) the Board's consideration of candidates for a Senior Meter Reader if his son-in-law is a candidate; and, b) assuming his son-in-law is hired for this position, any negotiations or discussions relating to this position. The Petitioner also must file the appropriate conflict of interest statements with his Board and this Commission, as set forth in R.I. Gen. Laws § 36-14-6.

As to the Petitioner's specific question concerning whether his plans to recuse are sufficient if the Board considers and/or hires his son-in-law, it is our opinion that the Petitioner will comply with the Code of Ethics if he recuses himself as represented and satisfies the notice requirements set forth in R.I. Gen. Laws § 36-14-6. The Petitioner is also advised that, if his son-in-law is hired, he should not be involved in the supervision of his son-in-law. See General Commission Advisory Opinion No. 1.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

36-14-5005

Related Advisory Opinions:

GCA 1

96-110

96-4

95-46

94-44

94-22

Keywords:

family: financial benefit

family: public employment

nepotism