Advisory Opinion No. 98-3

Re: Scott Millar

QUESTION PRESENTED

The Petitioner, an Exeter Planning Board member, a municipal appointed position, who voted against a proposed zone change and amendment to the Exeter Comprehensive Plan relating to “Bald Hill Nursery” requests an advisory opinion as to whether (1) he must now recuse himself from discussions and votes on a proposed zone change and amendment to the Exeter Comprehensive Plan relating to “Bald Hill Nursery” given that he gave public testimony against the proposal as a resident before the Town Council and previously voted against the zone change and amendment; and (2) he has a right to testify as a private citizen on an issue before the Town Council that he has participated on as a Planning Board member.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not bar the Petitioner, an Exeter Planning Board member, a municipal appointed position, from participating in subsequent discussions and votes on a proposed zone change and amendment to the Exeter Comprehensive Plan relating to “Bald Hill Nursery” despite the fact that he previously voted against the zoning change and amendment and has given public testimony against the proposal before the Town Council in his capacity as a resident. Additionally, the Petitioner may testify as a private citizen before the Town Council. Pursuant to Commission Regulation 36-14-7003 (“public forum exception”), no violation of the Code shall result by virtue of any person publicly expressing his or her own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual or his or her spouse or dependent child. Furthermore, the Petitioner represents that he has no interest, financial or otherwise, in the “Bald Hill Nursery” zoning matter. He indicates that his property will not be impacted by the proposal in any way, as he resides over two miles from the affected area. As such, the Petitioner does not have a financial interest in the matter that would result in a substantial conflict of interest under the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-7(a)

Regulation 36-14-7003

Related Advisory Opinions:

97-63

95-100

90-34

Keywords:

Public forum exception