Advisory Opinion No. 97-101

Re: Jack Silvia

QUESTION PRESENTED

The Petitioner, Little Compton Town Councilor, a municipal elected position, requests an advisory opinion as to whether he may vote for or against a candidate for a position on the Little Compton Agricultural Conservancy Trust, an unpaid position, given that the son of the Town Council member and the candidate both belong to The Sakonnet Painters Cooperative, a group of approximately twelve artists who collectively rent gallery space but who do not share in the proceeds of the sale of each other’s art works.

RESPONSE

The Code of Ethics does not prohibit a member of the Little Compton Town Council from voting for or against a candidate for a position on the Little Compton Agricultural Conservancy Trust. First, positions on the Trust are unpaid and otherwise offer no opportunity for financial gain for its members. Therefore, regardless of the relationship between the member of the Town Council and the candidate, whether directly or through a relative, the absence of any financial incentive brings the matter outside the purview of the Code of Ethics. See R. I. Gen. Laws. 36-14-5(a) and (d).

In addition, the relationship between the son of the member of the Town Council and the candidate does not establish the two as business associates; the relationship between the member of the Town Council and the candidate is yet another step removed. See R. I. Gen. Laws 36-14-2(8). Artists who participate in the Sakonnet Painters Cooperative are not joined to achieve a common financial objective. Rather, they collectively rent gallery space without sharing any profits (or losses) from the sale of each other’s art works. While members of the Cooperative do share some miscellaneous expenses (e.g., utility bills), that fact in and of itself does not establish a business association.

Code Citations:

36-14-2(8)

36-14-5(a)

36-14-5(d)

Keywords:

Business associate

Family: business interest