Advisory Opinion No. 97-149

Re: Timothy P. McNeely

QUESTION PRESENTED

Whether the Petitioner, a candidate for Coventry School Committee, a municipal elected position, may continue to be a candidate for that office, and whether he (1)may serve in that office, if he becomes a member of the Warwick Police Department, a municipal employee position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not bar the Petitioner from being a candidate or serving as a member of the Coventry School Committee, a municipal elected position, if he becomes a member of the Warwick Police Department, a municipal employee position.

No inherent conflict of interest exists between service as an elected school official in one municipality and service as a law enforcement officer in another. As a member of the Coventry School Committee, the Petitioner would have no power or authority regarding any issues or matters affecting his employment as a member of the Warwick Police Department. Similarly, should the Petitioner be successful in his efforts to become a member of the Warwick Police Department, he would have no power or authority in that position regarding any issues or matters affecting his service as a member of the Coventry School Committee. Based on these factors, there is no indication that simultaneous employment with the Warwick Police Department and service on the Coventry School Committee would impair the Petitioner’s independence of judgment with respect to service and/or employment on the other, nor is there any indication that such simultaneous service would in and of itself create a substantial conflict with respect to carrying out his duties and responsibilities in the public interest. See R.I. Gen. Laws § 36-14-5(a), (b) and (d).

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

Related Advisory Opinions:

96-93

96-12

95-38

95-62

95-103

Keywords:

Candidate

Dual public roles