Advisory Opinion No. 97-38

Re: Bruce Rylah

QUESTION PRESENTED

The Petitioner, member of the five person Burrillville Budget Board, a municipal appointed position, requests an advisory opinion as to whether he may vote on budgets of operating departments that he interacts with as part of his private employment as a contractor/builder and developer.

SUMMARY

It is the opinion of the Rhode Island Ethics Commission the Petitioner, member of the Burrillville Budget Board, a municipal appointed position, may not participate in discussion nor vote on budgets of departments that he interacts with in his private employment as a contractor/builder and developer. The Petitioner represents that he works with the Town's Planning and Building Departments and the Planning and Zoning Boards on a regular basis. The Petitioner also represents that the Budget Board reviews budgetary requests of all town departments, agencies, etc., including conducting personal interviews with personnel, reviewing requests for supplies and materials, and providing financial analysis. The Board then collates the initial Town budget and recommends the final budget to the Town Council. The Town Council is empowered to amend and/or adopt the final budget.

Given the Petitioner's private interaction with these departments in his private employment, determining their budget would constitute a substantial conflict of interest and would likely impair his independence of judgment. This is particularly true given the extensive opportunity for interaction between the Board and the Town's departments and agencies. Therefore, the Petitioner should recuse and file the required Section 6 notice if departments that he may interact with in his private employment come before the Budget Board.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-6

Related Advisory Opinions:

95-102

95-17

92-41

Keywords:

budgets

private employment