Advisory Opinion No. 97-42

Re: David V. Igliozzi, Esq.

QUESTION PRESENTED

The Petitioner, Providence City Councilor, a municipal elected position, requests an advisory opinion as to whether he may accept a position as the Administrator for the Providence/Cranston Job Training Partnership given that the position is appointed by the Mayor.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Providence City Councilor, a municipal elected position, may accept the position as the Administrator for the Providence/Cranston Job Training Partnership. The Petitioner represents that the Mayor makes the appointment without approval of the City Council. Additionally, the City Council does not exercise any fiscal or other oversight over the program, but rather the Mayors of Cranston and Providence oversee the program. The program is fully funded through a federal grant. Given that the Mayor of Providence is not a member of the City Council, the Petitioner is not seeking appointment from his own board nor appearing before his own board in accepting the Administrator position. The other "revolving door" prohibitions in the Code, R.I. Gen. Laws §§ 36-14-5(n), (o) and Commission Regulation 5007 restrict other or subsequent employment or appointment for state officials; these prohibitions do not extend, however, to municipal officials. Therefore, the revolving door prohibitions of the Code do not bar this proposed appointment. Finally, Commission Regulation 5008 does not apply since the Petitioner, as a City Councilor, does not exercise any fiscal or jurisdictional control over the program.

Code Citations:

36-14-5(e)
36-14-5006
36-14-5007
36-14-5008

Related Advisory Opinions:

96-80
95-6
94-32
93-24
92-14

Keywords:

revolving door