Advisory Opinion No. 97-145

Re: Richard H. Godfrey, Jr.

QUESTION PRESENTED

The Petitioner, Executive Director of the Rhode Island Housing and Mortgage Finance Corporation ("RIHMFC"), a state employee position, requests an advisory opinion as to whether he may sit as an ex officio member of the State Housing Appeals Board on the appeal of a denial of a comprehensive permit application by the West Warwick Zoning Board of Review filed by the sponsor of a development that received preliminary approval of mortgage loans and reservation of tax credits from RIHMFC.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Executive Director of the Rhode Island Housing and Mortgage Finance Corporation ("RIHMFC"), a state employee position, may sit on an appeal before the State Housing Appeals Board filed by the sponsor of a development that received preliminary approval of mortgage loans and reservation of tax credits from RIHMFC. In order to build the development as proposed to and approved by RIHMFC the sponsor sought relief from certain zoning requirements from the Town of West Warwick’s Zoning Board of Review. On November 14, 1997, the Zoning Board denied the sponsor’s comprehensive permit application and with it the requested zoning relief. Right of appeal of that denial is with the State Housing Appeals Board.

Pursuant to R.I. Gen. Laws § 45-53-4 the Executive Director of RIHMFC sits as an ex officio member of the Housing Appeals Board, which consists of nine members total. Given that the Petitioner is serving as a member of the State Housing Appeals Board by virtue of his position as Executive Director of RIHMFC and that he will not receive any personal benefit, financial or otherwise, by or because of any official activity he takes in relation to the loan or tax credit, a substantial conflict of interest as defined by the Code of Ethics is not present. Additionally, the Petitioner is not a "business associate" of the non-profit entity that is sponsoring the development in that his involvement with the project as Executive Director of RIHMFC is part of his public duties and responsibilities.

Code Citations:

36-14-1(8)

36-14-5(a)

Related Advisory Opinions:

97-103

96-6

95-106

89-65

87-1

Keywords:

Business associate

Dual public roles