Advisory Opinion No. 97-39

Re: Clarke N. Westall

QUESTION PRESENTED

The Petitioner, Jamestown Police Officer, a municipal employee position, requests an advisory opinion as to whether he may also operate a private business for nuisance animal removal.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Jamestown Police Officer, a municipal employee position, may also operate a private business for nuisance animal removal. The Petitioner represents that the Police Department rarely gets emergency calls from residents regarding animals. However, the Department's method of dealing with these animals is simply to ensure that the animals leave the residents' home areas. The Police Department does not involve itself with animal removal, nor is there an animal control official for the Town of Jamestown.

The Petitioner's business is that of dealing with repeated nuisance problems and specifically targets animal removal. The Petitioner also represents that the work is done entirely while he is off duty and that he does not use any Police Department equipment to effectuate the removals. Given that the Petitioner's ordinary duties generally do not include handling nuisance animals and that his business is operated solely on his own time without the improper use of police facilities or property, the Petitioner does not have any conflict of interest under the Code. We caution the Petitioner that he should not solicit business while acting in his capacity as a police officer, nor may he improperly use his office as a police officer to benefit himself or his business under the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

Related Advisory Opinions:

96-27

96-31

96-43

95-50

94-4

Keywords:



private employment