Advisory Opinion No. 97-125

Lisa W. Bryer

QUESTION PRESENTED

The Petitioner, Jamestown Planning Commissioner, a municipal appointed position, requests an advisory opinion as to whether she may accept an offer of employment as the full time Town Planner for the Town of Jamestown, given that the Town Council is both the appointing authority for the Planning Commission and the hiring authority for the Town Planner position, and that the Town Planner acts as advisor to the Planning Commission.

SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Jamestown Planning Commissioner, a municipal appointed position, may accept an offer of employment as the full time Town Planner for the Town of Jamestown, provided that prior to or upon accepting that position she resigns her position with the Jamestown Planning Commission. Two provisions of the Code of Ethics bear upon the Petitioner's inquiry, R.I. Gen. Laws § 36-14-5(e) and Commission Regulation 5006. R.I. Gen. Laws § 36-14-5(e) provides that no person subject to the Code shall 1) represent him or herself before an agency by which he or she is employed or serves, 2) represent any other person before an agency by which he or she is employed or serves, or 3) acts as an expert witness before an agency by which he or she is employed or serves if the matter before the agency involves potential economic benefit to the public official, a family member, a business associate, or someone he or she represents. The prohibitions extend for one year after the public official severs his or her relationship with an agency. As Town Planner the Petitioner would act as an advisor to the Planning Commission. She would not, however, act in a representative capacity on behalf of herself or any other person, or as an expert witness. Therefore, 5(e)'s prohibitions, including the revolving door provision, do not bar her accepting the Town Planner position.

Commission Regulation 5006 provides that no elected or appointed official may accept an appointment or election to a compensated position when such appointment or election derives from a body of which he or she was a member, until the expiration of one year after termination of his or her membership in or on such body. The appointing authority for the Town Planner position is the Town Council, upon recommendation by the Town Administrator. Because the Planning Commission has no involvement in the process Regulation 5006 does not bar the Petitioner's acceptance of the position.

DISCUSSION

1. Facts

Lisa Bryer currently serves as an appointed member of the Jamestown Planning Commission. Ms. Bryer received her appointment to that body from the Town Council. She has applied for and likely will be offered the position of Town Planner of Jamestown, a full time paid position with the Town. The Town Council is the hiring authority for the position. The Town Administrator also participates in the process, making a recommendation for hire to the Town Council. The Planning Commission plays no role in the hiring process.

As Town Planner, Ms. Bryer would act as an advisor to the Planning Commission, attending most or all of the Commission's meetings. Her role as Town Planner would be to represent the interests of the Town of Jamestown, not to represent and/or act on behalf of any private parties. She likely would have occasion to appear before and/or advise the Planning Commission as a sort of expert witness on matters. In that role, however, she would not represent any private parties or have any personal economic stake. Finally, if she accepts the Town Planner position she will resign her position on the Planning Commission.

2. Analysis

R.I. Gen. Laws § 36-14-5(e) of the Code of Ethics provides that no person subject to the Code shall 1) represent him or herself before an agency by which he or she is employed or serves, 2) represent any other person before an agency by which he or she is employed or serves, or 3) act as an expert witness before an agency by which he or she is employed or serves if the matter before the agency involves potential economic benefit to the public official, a family member, a business associate, or someone he or she represents. The prohibitions extend for one year after the public official severs his or her relationship with an agency. The underlying rationale for the prohibitions is that a present or former member of an agency has the potential to unduly influence the agency. Therefore, a member or former member may not appear in a representative capacity or as an expert witness for at least one year after they sever their relationship with the agency.

As Town Planner Ms. Bryer would act as an advisor to the Planning Commission. She would not, however, act in a representative capacity on behalf of herself or any other person, or as an expert witness on behalf of a private party. Her advisory role with the Planning Commission would not per se place her in a conflict of interest situation, or present the possibility of improper influence, primarily because her role is to serve the interests of the Town of Jamestown, not some private financial interest. Therefore, 5(e)'s prohibitions, including the one-year revolving door provision, do not bar her accepting the Town Planner position.

Code Citations:

36-14-5(e)

36-14-5006

Keywords:

Revolving door