Advisory Opinion No. 97-45

Re: Janice Connelly

QUESTION PRESENTED

The Petitioner, Community Program Counselor in the Department of Corrections' Community Confinement Program, a state employee position, requests an advisory opinion as to whether she may accept private employment with the Counseling and Psychotherapy Center of Greater Boston as a group counselor for men who are on probation, parole, and electronic monitoring parole.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Community Program Counselor in the Department of Corrections' Community Confinement Program, a state employee position, may accept private employment as a group counselor for men who are on probation, parole, and electronic monitoring parole provided that she does not participate in activities in her private employment at the Counseling and Psychotherapy Center of Greater Boston where her inmates are involved. In addition, she may not accept as clients in her private employment individuals who have a reasonable likelihood of having professional contact with her as a result of her public duties and responsibilities. In situations where an existing private client becomes involved with the Department of Corrections, she should recuse from participation in her role as Community Program Counselor involving that client. Also, we caution the Petitioner not to disclose any confidential information acquired by reason of her public employment.

The Petitioner's employment duties include electronic monitoring, supervision and counseling of inmates in Community Confinement. The Petitioner represents that, with respect to electronic monitoring, her duties include retrieving the printouts from the computer when it reports a violation, which she then forwards to a parole officer. The Petitioner also stated that even this involvement occurs only when the assigned parole officer is not available. The Petitioner further represented that in her private employment she would not see individuals who were on her public caseload nor would she discuss questions about the probation or parole status of her private clients. Given these representations, there is no inherent conflict in accepting the position. However, if any circumstances should arise whereby this outside employment impairs her independence of judgment as to her official duties, or results in the disclosure of confidential information, she should notify the Department of Corrections in writing, of the nature of her interest in any matter, and recuse herself from participating in any such matter. Notice of any recusal must also be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Code Citations:



36-14-5(b)

36-14-5(c)

Related Advisory Opinions:

96-72

95-80

Keywords:

private employment