Advisory Opinion No. 97-36

Re: David Crook

QUESTION PRESENTED

The Petitioner, Narragansett Town Councilor, a municipal elected position, requests an advisory opinion as to whether he may (1) participate in the reappointment of his spouse to the Narragansett Land Conservancy Trust; and (2) participate in voting on appropriation of money to the South County Museum given that his spouse is a member of that board.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission, that the Petitioner, Narragansett Town Councilor, a municipal elected position, (1) must recuse from participation on the matter of his spouse's reappointment to the Narragansett Land Conservancy Trust and any matter that would directly impact her and (2) may participate in voting on appropriation of money to the South County Museum. In the first matter, if the Petitioner recuses from matters directly affecting his wife, such as her reappointment, no conflict of interest would exist for the Petitioner regarding his spouse's service on the Narragansett Land Conservancy Trust. When the Petitioner recuses in this matter, he should file a notice in accordance with Section 6 of this Code. As to the second matter, given that the museum and its principals are the spouse's "business associates" rather than those of the Petitioner, the Code does not prohibit his voting on this matter. Specifically, Section 5(f) of the Code provides that business associates of a person covered by the Code may not appear before that person's agency unless the person recuses from participating and voting. Since the Museum, through its principals, would be appearing before the Town Council rather than the Land Conservancy Trust, it is not a conflict issue under the facts presented in this matter.

Code Citations:

36-14-5(a)

36-14-5(f)

36-14-5005

Related Advisory Opinions:

97-10

96-45

95-59

94-8

Keywords:

budgets

business associate

family: public employment

nepotism

non-profit boards