Advisory Opinion No. 97-113

Re: Mary F. Landreville

QUESTION PRESENTED

The Petitioner, Woonsocket Housing Authority Commissioner, a municipal appointed position, who also serves as a Woonsocket Police Department Civil Defense Aide, a municipal employee position, requests an advisory opinion as to whether she must recuse from participating in any discussions and/or voting concerning the Police Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, Woonsocket Housing Authority Commissioner, a municipal appointed position, and Woonsocket Police Department Civil Defense Aide from participating in discussions or votes on matters concerning the Police Department. The Petitioner is employed by the City of Woonsocket and assigned to the Police Department. While she clearly has a relationship with the Police Department because of that assignment, her continued employment with the City does not depend upon personnel or supervisory decisions made by the Police Department, nor does she have a financial interest in the operations of the Department.

In addition to her employment the Petitioner is an appointed member of the City’s Housing Authority. The Petitioner represents that the Housing Authority contracts with the Police Department for special police services. Whether or not the Housing Authority’s contracts with the Police Department increase or decrease, or even continue, does not impact either the Petitioner’s relationship with the Department or her continued employment with the City. Therefore, no financial nexus exists that should bar her participation in discussions and/or voting on the Police Department contracts. See R.I. General Laws § 36-14-5 (a), (b) and (d).

Code Citations:

36-14-5(a)

36-14-6

Related Advisory Opinions:

97-80

95-98

95-16

95-2

94-48

93-44

Keywords:

Dual public roles

Recusal