Advisory Opinion No. 97-106

Re: James E. Feeney

QUESTION PRESENTED

The Petitioner, Warwick Housing Rehabilitation Officer, a municipal employee position, requests an advisory opinion as to potential conflicts given that he is a part-owner of property that may be subdivided, thus involving the Warwick Planning Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Warwick Housing Rehabilitation Officer, a municipal employee position, will not violate the Code of Ethics by virtue of his part-ownership of property that may be subdivided. General Commission Advisory No. 11 as well as other individual advisory opinions state that public officials and employees should not exercise jurisdiction or control in their official capacities over property owned by them, their families, or business associates. Here, although the Petitioner is employed by the Planning Department which will be involved in the subdivision process, he works in the Community Development Office and his responsibilities are limited to the Home Improvement Loan Program. The Petitioner represents that he has no involvement with the Planning Department's day to day activities, i.e. zoning, subdivision, planning board relating to matters that affect his private interest. Given that situation, the Petitioner would not have an opportunity to participate in the regulatory process in his official position. However, if the circumstances change so that he would be involved in the regulatory process in his official capacity, the Petitioner should recuse himself from participation in the regulatory process with regard to property owned by him. Additionally, the Petitioner should not appear before the Planning Department regarding the property without a showing of hardship to the Ethics Commission. See R.I. Gen. Laws §36-14- 5(e).

Code Citations:

36-14-5(a)

36-14-5(e)

Related Advisory Opinions:

GCA-11

97-38

96-94

96-72

95-115

95-102

93-70

Keywords:

Property interest