Advisory Opinion No. 97-142

Re: Donato Andre D'Andrea, Esq.

QUESTION PRESENTED

The Petitioner, a member elect of the Newport School Committee, a municipal elected position, requests an advisory opinion as to whether he may take office, given the fact that he is a member and Vice President of the Board of Directors of Cluny School, a private regional school operated in the City of Newport, in addition to serving as attorney for the School.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a member elect of the Newport School Committee, a municipal elected position, may take office, notwithstanding the fact that he is a member and Vice President of the Board of Directors of Cluny School, in addition to serving as attorney for the School.

The mere facts of Petitioner’s private legal representation of Cluny School and his service on its Board do not constitute a violation of the Code of Ethics. See R.I. Gen. Law, § 36-14-5. However, the Petitioner indicates that students receive busing and secular textbooks from the Newport School Department. Health and other related services may also be provided through the Department. The Code of Ethics prohibits the Petitioner from participating in any discussion of or voting on matters relating to the provision of services to Cluny School while serving as a member of the Newport School Committee. See R.I. Gen. Law, § 36-14-7(a).

In a similar situation, the Commission opined that no violation of the Code of Ethics would result if an appointed member of the Providence School Board continued her private employment at an independent alternative school for at risk students in the Providence area, provided that she not participate in any matters as a Board member that would directly affect her employer. A.O. 96-42. In the event that any matter relating to Cluny School should come before Petitioner as an elected member of the School Committee, he should utilize the notice and recusal sections provided in R.I. Gen. Law, § 36-14-6. See also Commission Regulation § 36-14-5002(3).

Code Citations:

36-14-5

36-14-5002

36-14-6

36-14-7(a)

Related Advisory Opinions:

96-42

Keywords:

Private employment