Advisory Opinion No. 97-47

Re: Jeffrey S. Hamill

In response to your letter received March 12, 1997, requesting an Advisory Opinion, and pursuant to Code of Ethics § 36-l4-11, the Rhode Island Ethics Commission rendered an opinion at its meeting on April 8, 1997. The formal Advisory Opinion, which is set out below, is consistent with the informal opinion letter issued to you by the Commission staff on April 2, 1997.

The Commission voted as follows:

QUESTION PRESENTED

The Petitioner, a recently elected member of the Narragansett School Committee, a municipal elected position, requests an advisory opinion as to whether he may continue to work for the town's Recreation Department during the summer months.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a recently elected member of the Narragansett School Committee, a municipal elected position, may continue to work for the town's Recreation Department during the summer months. This opinion is based on the absence of any jurisdictional or supervisory overlap between the Recreation Department and the School Department; i.e., the departments operate independent of one another and, most important given the Petitioner's status as an elected official, the School Committee does not maintain any fiscal or jurisdictional control over the Recreation Department. There is no indication that simultaneous service on the School Committee and as an employee of the Recreation Department would impair the Petitioner's independence of judgment or create a substantial conflict with respect to carrying out his duties in the public interest. See, e.g., R.I. Gen. Laws § 36-14-5(b). Nor is there any likelihood that the Petitioner, as a member of the School Committee, would be called upon to make decisions or policy impacting his position with the Recreation Department, and vice versa.

Code Citations:

36-14-5(a)

36-14-5(b)

Related Advisory Opinions:

97-31

96-37

96-8

Keywords:

dual public roles