Advisory Opinion No. 97-98

Re: Sylvia M. LaBonte

A. QUESTION PRESENTED

The Petitioner, an Assistant Superior Court Clerk, a state employee, requests an advisory opinion as to whether she may accept a part-time position with Service Abstract Corporation that will require her to collect public information from Superior Court civil files located in Providence, Kent, Newport and Washington Counties.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, an Assistant Superior Court Clerk, a state employee, may accept a part-time position with Service Abstract Corporation as an information/records collector provided that she a) completes all work on her own time (i.e. before or after her work-day, during vacations or personal time); b) gathers and records only public, non-confidential information; and c) does not gain special access to the records because of her position with the Superior Court. The Code, R.I. Gen. Laws §§ 36-14-5(d), would prohibit the Petitioner from pulling records/gathering information for Service Abstract Corporation during hours in which the Clerk's office/file room was closed to the general public since she would be using her position to obtain special access, thereby benefiting her employer and herself.

C. DISCUSSION

1. Facts

As an Assistant Clerk of the Superior Court, the Petitioner primarily assists a trial judge in the courtroom by marking exhibits and swearing in witnesses and jurors. If her services are not needed in the courtroom, the Petitioner may work in the clerk's office by assisting the public or entering data into the court's database.

Recently, the Petitioner applied for a part-time position with Service Abstract Corporation, a company located in New York. In this position the Petitioner will be responsible for collecting public information (i.e. names and filing dates) from Superior Court civil files located in Providence, Kent, Newport and Washington Counties. The Petitioner advises that she intends to complete the work for the Service Abstract Corporation on her own time, either before work, after work, or during personal\vacation time.

2. Analysis

Essentially at issue in this advisory opinion request is whether the Petitioner may accept outside employment in a position that will require her to collect public information from files housed with her employer, the Superior Court. Under the Code of Ethics, the Petitioner may not engage in any business or professional activity which is in substantial conflict with the proper discharge of her duties or employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). The Petitioner also may not accept other employment which either impairs her independence of judgment as to her official duties, or requires or induces her to disclose confidential information acquired in the course of her official duties. See R.I. Gen. Laws § 36-14-5(b). Further, the provisions of R.I. Gen. Laws § 36-14-5(d) prohibit the Petitioner from using her position or confidential information received through her position to obtain financial gain for herself or for any business by which she is employed. R.I. Gen. Laws § 36-14-5(d).

After considering the Petitioner's request and the relevant provisions of the Code of Ethics, we conclude that the Code does not prohibit the Petitioner from accepting a position with Service Abstract Corporation and performing the services as represented provided that she a) completes all work on her own time (either before or after her normal working hours or during her vacation/personal time); b) gathers and records only public, non-confidential information; and c) does not gain special access to the records because of her public position; that is, she reviews the records only during the hours which the clerk's office/file room is open to the general public. (The Code, R.I. Gen. Laws §§ 36-14-5(d), would prohibit the Petitioner from pulling records/gathering information for Service Abstract Corporation during hours in which the Clerk's office/file room was closed to the public since she would be using her position to obtain special access to benefit her employer and herself.)

This opinion is consistent with past advisory requests where we have permitted state employees to accept outside employment provided that a) the employees' official duties for their agency do not directly relate to their private employment; and b) they complete the work before or after their normal working hours. See A.O. 96-31 (concluding that two Social Caseworkers for the Department of Children, Youth and Families (DCYF), who in their private capacities operated a graphic design studio on a part-time basis, could provide graphic design services to residential facilities provided that they completed all graphic design services after normal working hours and other officials at DCYF decide where, if necessary, to place developmentally delayed children); A.O. 95-93 (opining that state employees who served process in their official capacities or were employed by a state agency involved in the service of process could not serve process as private agents outside of normal working hours since the outside employment directly related to their official duties; however, employees who did not serve process in their official capacities and who were not employed by an agency that is responsible for the service of process may serve process as private agents since their official duties and the official duties of their agency do not directly relate to such private employment).

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

95-93

96-31

Keywords:

Private employment