Advisory Opinion No. 97-151

Re: James P. Marusak, Esq.

QUESTION PRESENTED

The Petitioner and his law firm, who serve as the Exeter Town Solicitor, a municipal appointed position, request an advisory opinion as to whether they may advise the Exeter Town Council on a petition for a zoning change and a comprehensive plan change request given that the Petitioner’s private client is legal counsel for an objector.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner and his law firm, who serve as the Exeter Town Solicitor, a municipal appointed position, may not advise the Exeter Town Council on a petition for a zoning change and a comprehensive plan change request where the Petitioner’s private client is legal counsel for an objector.

The Commission consistently has concluded that public officials may not participate in matters affecting persons or entities with which they have business associations, including clients. The Petitioner’s current representation of the client in pending litigation constitutes a “business association” under the Code of Ethics, as interpreted by this Commission in previous decisions and opinions, in that they are joined together to achieve a common financial objective. See R.I. Gen. Law § 36-14-2(8). R.I. Gen. Laws § 36-14-5(f) provides, inter alia, that “[n]o business associate of any person subject to the Code of Ethics shall represent him or herself or any other person [before the agency by which his associate is employed]” unless the associate (i) gives notice of the business relationship, and (ii) recuses from voting or otherwise participating in the matter. The prohibition extends to the Petitioner and members of his law firm. In addition to giving notice to his agency, here the Exeter Town Council, R.I. Gen. Laws §36-14-6 requires that the Petitioner file a statement of conflict of interest with the Ethics Commission.

Code Citations:

36-14-2(8)

36-15-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

36-14-6

Related Advisory Opinions:

97-132

95-61

94-10

92-45

91-50

Keywords:

Business associate

Client's interest