Advisory Opinion No. 97-51

Re: Representative David J. Pancier

QUESTION PRESENTED

The Petitioner, a legislator serving as a member of the Rhode Island House of Representatives, requests an advisory opinion as to whether he may introduce legislation adding public library funding to fulfill a state imposed mandate given that he is employed by a public library and previously served as director of another library for 15 years.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a legislator serving as a member of the Rhode Island House of Representatives, cannot introduce legislation adding public library funding to fulfill a state imposed mandate given that he is employed by a public library. The Code of Ethics, R.I. Gen. Laws § 36-14-5(a) prohibits public officials from participating in matters that are in substantial conflict with their duties in the public interest. Section 7(a) of the Code of Ethics defines a substantial conflict as one where the public official, family members, employers, or business associates may derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. In this instance, if the Petitioner introduces the referenced legislation, his employer likely will receive additional funding, a direct monetary gain. Therefore, the Petitioner should not introduce the legislation nor participate in discussion or vote on such legislation and should follow the dictates of Section 6 of the Code for recusal.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

GCA 13

95-48

95-20

Keywords:

private employment