Advisory Opinion No. 97-63

Re: Thomas Cardillo

QUESTION PRESENTED

The Assistant Town Solicitor for Exeter on behalf of the Petitioner, an Exeter Planning Board Member, a municipal appointed position, requests an advisory opinion as to whether he may participate and vote on a proposed combined preliminary and final plan for the development of a subdivision, Cobblestone Hill Estates, given that he resides within 1,000 of the development, requiring notice as an abutter under Exeter regulations.

RESPONSE

It is the opinion of the Ethics Commission that the Petitioner, an Exeter Planning Board Member, a municipal appointed position, cannot participate and vote on a proposed combined preliminary and final plan for the development of a subdivision, Cobblestone Hill Estates, given that he resides within 1,000 of the development. Given that the Petitioner resides within a close proximity of the proposed development, the decision on whether and how to subdivide property will likely have a financial impact on his property valuation and, as such, results in a substantial conflict of interest under the Code of Ethics. Therefore, the Petitioner cannot participate in discussions or vote on the proposed subdivision and must recuse under Section 6 of the Code which requires the filing of a recusal form with his appointing authority and the Ethics Commission. This, however, does not limit the Petitioner from exercising his First Amendment rights in speaking as a citizen on this matter. See Commission Regulation 36-14-7003 (Public Forum Exception).

Code Citations:

36-14-5(a)

36-14-7(a)

36-14-7003

Related Advisory Opinions:

96-63

95-83

92-24

91-75

90-85

90-34

Keywords:

property interest

public forum exception