Advisory Opinion No. 97-37

Re: Rene J. Pincince

QUESTION PRESENTED

The Petitioner, a member of the Cumberland School Building Committee, a municipal appointed position, requests an advisory opinion as to the potential conflicts for the petitioner if his employer successfully bids on a construction project for the School District.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the Cumberland School Building Committee, a municipal appointed position, may not participate in any matters relating to bid development or in the awarding of a contract if his employer bids on the project, nor in subsequent matters concerning the project if his employer successfully bids on the project. In this regard, the Petitioner correctly recognizes and has advised that he will not participate in even the bid development or award processes if his employers bids on the project. This opinion is based on Section 5(h) of the Code requiring an open and public bid process. Recusal from participation until the selection of a contractor has been made would foreclose the possibility of his employer receiving an unfair advantage or gain. Additionally, if his employer is unsuccessful in bidding on the project, or doesn't bid at all, the Petitioner could then renew his participation in the project as a Building Committee member. Conversely, if his employer were successful, given the function of the Committee in overseeing the project, the Ethics Commission cannot envision that the Petitioner could continue to serve as a member of the Committee without violating provisions of the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-7(a)

36-14-5(h)

Related Advisory Opinions:

97-15

95-16

95-24

95-41

95-60

95-90

95-104

95-116

Keywords:

contracts