Advisory Opinion No. 97-150

Re: Donald L. Gagnon

QUESTION PRESENTED

Whether the Petitioner, the Building Official for the City of Woonsocket, a municipal appointed position, may teach courses on the 1 & 2 Family Dwelling Code on his own time during the evenings and weekends.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Woonsocket Building Official, may teach courses on the 1 & 2 Family Dwelling Code provided that he does so on his own time and does not use public resources for the courses. The Petitioner represents that the courses will be open to anyone with an interest in the Building Code, including builders, homeowners, architects, and suppliers. The Petitioner also represents that, in the advertisements or other promotional materials for the courses, he will not list his position as Building Official. Given that such courses are outside the Petitioner's official responsibility, that he is not using his position to promote the courses, and that he will be teaching the course on his own time, no inherent conflicts of interest are present under the Code of Ethics. See R.I. Gen. Laws §§ 36-14-5(a), 5(c) and 5(d). Also, there is no indication that the Petitioner's teaching position will conflict with or in anyway affect his responsibilities as Building Official. See R.I. Gen. Laws § 36-14-5(b). However, in the event his duality of status impairs his independence of judgment as to his official duties or otherwise results in the disclosure of confidential information, the Petitioner should exercise the notice and recusal sections of the Code. R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(c)

36-14-5(d)

36-14-6

Related Advisory Opinions:

97-108

97-107

96-64

96-55

96-47

92-49

Keywords:

Private employment