Advisory Opinion No. 97-68

Re: Alexander R. Lupica

QUESTION PRESENTED

The Petitioner, Westerly Surveyor of Lumber, a municipal appointed position, requests an advisory opinion as to whether he is required to file a personal financial disclosure statement.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Westerly Surveyor of Lumber, a municipal appointed position, must file a personal financial disclosure statement notwithstanding the fact that he serves as the Surveyor of Lumber without compensation. Members of many Commissions serve as volunteers or are not compensated for their public service; however, the General Assembly has deemed that if an official is appointed by the highest governing body of the state or municipality or for a term of office and exercises governmental functions other than in an advisory nature, the public official is required to file a personal financial statement pursuant to the Code of Ethics. In this matter, the Petitioner is appointed as a Surveyor of Lumber, pursuant to R.I. Gen. Laws § 2-20-1, which also proscribes the duties and responsibilities of surveyors of lumbers; those duties are not solely "advisory in nature". Based on this information, the Petitioner is a "state or municipal appointed official" within the meaning of R.I. Gen. Laws § 36-14-4 or §36-14-16, and, therefore, is required to file a financial disclosure statement. Further, if the Petitioner chooses to resign from his position, because of the financial disclosure requirement or otherwise, he still is required to file a financial disclosure statement for any year in which he served as the Surveyor of Lumber.

Code Citations:

36-14-4

36-14-16

Keywords:

financial disclosure