Advisory Opinion No. 97-109

Re: Harold R. Shippee, Sr.

QUESTION PRESENTED

The Petitioner, Foster Town Councilor, a municipal elected position, requests an advisory opinion as to whether he may participate in an issue affecting Public Works employees given that his son and his son-in-law are Public Works employees.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Foster Town Councilor, may not participate in an issue affecting Public Works employees. The Petitioner represents that both his son and his son-in-law are Public Works employees. There are only five employees in the Foster Public Works Department. Additionally, the issue relates to a grievance whereby all Public Works employees are requesting overtime compensation as a sanction. Given that the Petitioner's son and son-in-law fall within the nepotism provision in the Code of Ethics and that they may receive a direct financial benefit through the settlement of the grievance, the Petitioner cannot participate in discussion or vote on the grievance issue as it would constitute a substantial conflict of interest with his duties in the public interest. The class exemption of Section 7(b) does not apply here since the Public Works employees are not members of a "significant and definable class". Additionally, although the Petitioner states that he believes that he can objectively participate, this option is not available to him since he has an actual rather than a perceived conflict of interest in the above matter. The Petitioner should recuse himself on this matter in accordance with Section 6 of the Code, complete a statement of conflict of interest form and forward a copy of it to the Ethics Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(c)

Related Advisory Opinions:

96-104

96-80

96-64

96-55

96-47

92-49

90-1

77-208

Keywords:

Private employment