Advisory Opinion No. 97-62

Re: Armeather Gibbs

QUESTION PRESENTED

The Petitioner, the Director of Community Relations & Constituent Affairs for the Governor, a state appointed position, requests an advisory opinion as to whether she may also serve as a member of the BankBoston Development Corporation Advisory Board.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Director of Community Relations & Constituent Affairs for the Governor, a state appointed position, may also serve as a member of the BankBoston Development Corporation Advisory Board, but that service on that Board may require her to recuse from participation in certain matters in her public position.

The Petitioner represents that as a Board member she would be expected to promote BankBoston and would receive a $350 honorarium for each Board meeting. Given this relationship with BankBoston, the Petitioner would be considered a "business associate" of the company and its other Board members and management. As such, she would have a private interest in promoting BankBoston which, in particular instances, could be in substantial conflict with the proper discharge of her duties as Director of Community Relations & Constituent Affairs in the public interest. In those instances, the Petitioner should recuse from participating in such matters; i.e., issues directly affecting the financial services industry or Bank Boston. If the Petitioner accepts her nomination to the Advisory Board, and recuses herself on the above matters, she must follow the dictates of R.I. Gen. Laws § 36-14-6 and file a recusal statement with her appointing authority and with the Ethics Commission. Finally, we caution the Petitioner that she may not disclose confidential information acquired in the course of her public employment.

Code Citations:

36-14-5(a)

36-14-7(a)

36-14-5(c)

36-14-5(f)

Related Advisory Opinions:

93-77

92-40

91-57

90-57

Keywords:

business associate