Advisory Opinion No. 97-41

Re: Michael J. Almeida

QUESTION PRESENTED

The Petitioner, Warwick School Committee member, a municipal elected position, requests an advisory opinion as to whether he may apply for a coaching position in the Warwick School Department if he returns the salary to the School Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Warwick School Committee member, a municipal elected position, may apply for the coaching position in the Warwick School Department given that he does not intend to accept compensation, benefits, or other financial remuneration for the position. Under Commission Regulation 36-14-5006, the Petitioner cannot accept appointment by the School Department to any position which carries with it any financial benefit or remuneration. In this matter, the Petitioner has represented that he will not accept the salary. Additionally, the Petitioner could not accept any health or pension benefits that are carried with the position. Finally, if, as a member of the School Committee, matters affecting the Petitioner's coaching responsibilities on the team he is coaching come before him, he should exercise the notice and recusal sections provided in Section 6 of the Code.

Code Citations:

36-14-5(b)

36-14-5006

Related Advisory Opinions:

96-35

89-23

Keywords:

revolving door

dual public roles