Advisory Opinion No. 97-84

Re: Kevin M. Wilks

Marie A. Wilks

QUESTION PRESENTED

The Petitioners, nurses for Rhode Island College and Zamburano Hospital, state employee positions, request an advisory opinion as to whether they may submit bids to the State Purchasing Department for educational seminars.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioners, nurses for Rhode Island College and Zamburano Hospital, state employee positions, may submit bids to the State Purchasing Department for educational seminars. This opinion is based on the Petitioners' representations and provisions of the Code. Section 5(h) of the Code requires an open and public bid process in the bidding on state and municipal contracts. Here, the Petitioners do not participate in bid development or oversight. Therefore, so long as the contract is subject to an open and public bidding process, the Petitioners may participate in submitting bids. Additionally, the Petitioners' represent that the training to be offered would be of an advanced nature given to nurses, doctors, and teachers. The Petitioners' major responsibilities in their public roles do not involve offering this type of training, although Mr. Wilks does occasionally teach C.P.R. to employees at his hospital. Given that the Petitioners' duties do not relate to their official duties, other provisions of the Code are not implicated. See Declaratory Ruling 95-2.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(h)

36-14-7(a)

Related Advisory Opinions:

DR 95-2

96-22

95-24

Keywords:

contracts