Advisory Opinion No. 97-133

Re: David A. Nickerson

QUESTION PRESENTED

The Personnel Director of Providence Water requests an advisory opinion on behalf of the Petitioner, Providence Water, a municipal agency, as to whether a violation of the Code of Ethics will result if Providence Water hires a qualified bargaining unit applicant for the position of Electronic Repairman I, given that the union applicant is a second cousin to the Director who oversees the Water Treatment Plant where the Electronic Repairman would work.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not bar Providence Water, a municipal agency, from hiring a qualified bargaining unit applicant for the position of Electronic Repairman I, notwithstanding the fact that the union applicant is a second cousin to the Director who oversees the Water Treatment Plant where the Electronic Repairman would work. Pursuant to Commission Regulation § 36-14-5005, the relevant nepotism prohibitions set forth in R.I. Gen. Laws § 36-14-5 extend to parents, grandparents, adult children, siblings, grandchildren, uncles, aunts, nieces, nephews, and first cousins, whether by blood, marriage or adoption. As the qualified bargaining unit applicant is a second cousin to the Director who oversees the Water Treatment Plant, their familial relationship is beyond the scope of the Code of Ethics; consequently no violation would result solely from the second cousin working under the Director's authority.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

36-14-5005

Related Advisory Opinions:

97-49

97-99

Keywords:

Nepotism

Family: Public Employment

Family: Supervision