Advisory Opinion No. 97-61

Re: Mark A. DeMello

QUESTION PRESENT

The Petitioner, a Tiverton Town Councilor, a municipal elected position, requests an advisory opinion, as to whether he may vote on matters related to Humphrey Oil, Co., Inc. given his private employment with Humphrey Building Materials.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Tiverton Town Councilor, a municipal elected position, may vote on matters related to Humphrey Oil, Co., Inc. notwithstanding his private employment with Humphrey Building Materials. The Petitioner represents that he is employed by Humphrey Building Materials, which is owned by Scott Humphrey. The Town of Tiverton does business with Humphrey Oil Co., Inc. which is owned by William Humphrey, the father of Scott Humphrey. Humphrey Oil applies for licenses, sends invoices and has other business with the Town of Tiverton. The Petitioner's employer, Scott Humphrey, is not a principal of Humphrey Oil, nor does the Petitioner have any sort of employment or other financial association with Humphrey Oil or its owner, William Humphrey.

The Code of Ethics prohibits public officials from having interests which are in substantial conflict with their duties and responsibilities in the public interest. In this instance, the potential interest would be one that benefitted the Petitioner's employer, allowing him to derive a direct monetary gain or suffer a direct monetary loss by reason of the Petitioner's official activity. See R.I. Gen. Laws § 36-14-5(a), 7(a). In this matter, however, the Petitioner's employer does not appear before him nor does his employer have an ownership interest in Humphrey Oil Co. As a result, no potential exists for the Petitioner impacting his employer's financial interests and the Code of Ethics does not prohibit the Petitioner from participating in matters concerning Humphrey Oil Co.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

97-36

Keywords:

private employment