Advisory Opinion No. 97-52

Re: Joseph Ventetuolo

QUESTION PRESENTED

The Petitioner, a member of the City of Cranston's School Committee, a municipal elected position, requests an advisory opinion as to whether a) he may participate in decisions affecting teachers given that his wife is employed as a full-time nurse/teacher for the school system; and b) his relatives may apply for positions within the school system.

RESPONSE

The Code of Ethics prohibits public officials from taking any official action that is likely to have a direct financial or monetary impact on, among others, a family member or from having an interest which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-5(d) and 36-14-7(a). A substantial conflict of interest occurs if the Petitioner has reason to believe or expect that a family member will derive a direct monetary gain by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). However, an official will not have an interest which is in substantial conflict with his or her public duties if any benefit accrues to the official or a member of the official's family, "as a member of a business, profession, occupation or group, or of any significant and definable class o person within the business, profession, occupation or group, to no greater extent than any other similarly situated member of the business, profession, occupation or group, or of the significant and definable class of persons within the business, profession, occupation or group." R.I. Gen. Laws § 36-14-7(b). Commission Regulation 35-14-5005 extends the prohibitions set forth in R.I. Gen. Laws § 36-14-5 (with the exception of § 5(h)) to uncles and first cousins, whether by blood, marriage or adoption.

After considering the relevant provisions of the Code of Ethics, especially R.I. Gen. Laws § 36-14-7(b), it is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the School Committee for the City of Cranston, may participate and vote on budgetary\contract matters affecting teachers or employees in the school system as long as his wife would not be affected by his participation to any greater extent than any other similarly situated teachers\employees. See e.g., A.O. 94-29. However, if the matter specifically affects his wife individually (such as vote on her job position or her status as an employee) or the subset of teachers that includes his wife (nurses employed by the school department), the Petitioner may not participate and should comply with the notice and recusal requirements set forth in R.I. Gen. Laws § 36-14-6.

As to Petitioner's second question, whether family member may apply for positions within the school system, the Code of Ethics does not prohibit such officials from applying or receiving employment positions within the school system. However, if a member of his family (as defined in Commission Regulation 36-14-5005) applies for a position within the Town, the Petitioner may not participate in the hiring or selection process. See General Commission Advisory Opinion No. 1.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

36-14-7(b)

36-14-5005

Related Advisory Opinions:

GCA No. 1

97-6

96-110

94-29

Keywords:

class exception

family: financial benefit

family: public employment

nepotism