Advisory Opinion No. 97-85

Re: James A. Briden, Esq.

QUESTION PRESENTED

The Petitioner, Central Falls City Solicitor, a municipal appointed position, requests an advisory opinion as to whether he may testify at a State Liquor Control appeal hearing or at a Central Falls Liquor Board hearing concerning the revocation of a license of a bar located adjacent to the Petitioner's private law offices given that he has recused from representing the City on this matter.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Central Falls City Solicitor, a municipal appointed position, may testify at a State Liquor Control appeal hearing or at a Central Falls Liquor Board hearing following a remand concerning the revocation of a license of bar located adjacent to the Petitioner's private law offices given that he has recused from representing the City in this matter. Commission Regulation 7003, the "public forum exception", allows persons to publicly express their own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual. Additionally, R.I. Gen. Laws § 36-14-5(e) prohibits the Petitioner from appearing before municipal agencies. It does, however, provide for a hardship exception upon finding of the Commission. In this matter, the petitioner represents that his law practice has been affected by the activities at the adjacent bar. Given the Petitioner's interest, we believe that this matter falls within the hardship and public forum exceptions. This opinion is based on previous advisory opinions that have allowed public officials to appear before Boards where they have a vested property right regardless of the fact that an appearance before a particular Board may constitute a conflict of interest. Clearly the Petitioner should use caution in this matter so that he does not in any way use his position to influence members of the Liquor Board improperly, which would give rise to a violation of R.I. Gen. Laws § 36-14-5(d). Merely appearing before the Board as a witness, however, is not prohibited.

Code Citations:

36-14-5(d)

36-14-5(e)

36-14-7003

Related Advisory Opinions:

97-11

95-110

95-57

95-27

94-19

92-29

Keywords:

property interest