Advisory Opinion No. 97-86

Re: Hugo DeAscentis, Jr.

QUESTION PRESENTED

The Pettioner, a member of the Newport School Committee, a municipal elected official, requests an advisory opinion as to whether he may vote for the appointment of a candidate for a Teacher's Aide Position given that his wife had applied for the position, but was no longer a candidate.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member of the Newport School Committee, a municipal elected official, may participate in the appointment of a candidate to a Teacher's Aide Position notwithstanding the fact that his wife previously had been an applicant for this position. The Code of Ethics prohibits public officials from taking any official action that is likely to have a direct financial or monetary impact on, among others, a family member or from having an interest which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-5(d) and 36-14-7(a). A substantial conflict of interest occurs if the Petitioner has reason to believe or expect that a family member will derive a direct monetary gain by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a).

Here, as to the vote to approve the appointment of a candidate for the Teacher's Aide position, the Petitioner does not have an interest in substantial conflict with his public duties since he has no reason to believe or expect that his wife will receive any financial benefit by his vote. See A.O. 96-110. This opinion is based on the Petitioner's representations that a) his wife, although at one time an applicant for this position, is no longer a candidate; and b) he plans to vote for the appointment of the nominated candidate.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

GCA No. 1

96-110

96-4

95-46

94-44

94-22

Keywords

family: financial benefit

family: public employment

nepotism