Advisory Opinion No. 97-124

Re: Kathleen M. Lanphear

QUESTION PRESENTED

The Petitioner, Chief Hearing Officer of the Administrative Adjudication Division for Environmental Matters at the Department of Environmental Management, a state employee position, requests an advisory opinion as to whether she may participate on an interview panel for selection of an agency employee given that some of the applicants have appeared or in the future may appear before the Administrative Adjudication Division.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Chief Hearing Officer of the Administrative Adjudication Division for Environmental Matters at the Department of Environmental Management, a state employee position, may participate on an interview panel for selection of an agency employee. While the Petitioner may know some or all of the applicants or have worked with them in the past, they are not "business associates" of hers since there is no business relationship that meets that definition in the Code. Additionally, a substantial conflict of interest under the Code of Ethics is not present given that the Petitioner will not derive any financial benefit from her participation in the hiring process (assuming none of the applicants are "family members"). Therefore, the Petitioner may participate in the interviews for the position of Assistant Director/Chief Legal Counsel at the Department of Environmental Management.

Code Citations:  

36-14-2(8)

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

93-49

Keywords:

Prospective employment