Advisory Opinion No. 97-48

Re: Ann M. Hollands

QUESTION PRESENTED

The Petitioner, Assistant Director of the Property and Right-of-Way Division of the Department of Transportation ("RIDOT"), a state employee position, requests an advisory opinion as to whether her division may accept bids on RIDOT property from other state employees or their relatives.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Assistant Director of the Property and Right-of-Way Division of the Department of Transportation ("RIDOT"), a state employee position, or her Division may accept bids on RIDOT property from other state employees or their relatives so long as those employees or relatives have not participated in the bid development process for the particular RIDOT property. Under Section 5(h) of the Code of Ethics, public officials or their family members may enter into contracts with state or municipal agencies so long as they are awarded through an open and public process including public notice and subsequent public disclosure of all proposals considered and contracts awarded. However, if an official has requested that certain property be placed for sale or provided input into that the decision or as to other requirements of the bid, the official or his family members or business associates cannot bid on the sale of the property since his/her actions would constitute participating in the bid specification process. Such participation, consistent with the mandates of the Code of Ethics, would place the public official or employee in a privileged and/or advantageous position with respect to other bidders. Accepting a contract under such circumstances would likely place the employee or official in violation of R.I. Gen. Laws § 36-14-5(d) and (h).

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(h)

36-14-7(a)

Related Advisory Opinions:

95-90

95-60

95-24

91-60

Keywords:

contracts

private employment