Advisory Opinion No. 98-6

Re: Marty J. Davey

QUESTION PRESENTED

The Petitioner, a Supervising Environmental Planner with the Department of Environmental Management's (DEM) Office of Program Development, a state employee position, requests an advisory opinion as to whether she may continue to work on the Hetzel Recycling Project given that a former subordinate now works for Hetzel, the company contracted by DEM to develop the electronics recycling facility in Rhode Island.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Supervising Environmental Planner with the Department of Environmental Management's (DEM) Office of Program Development, a state employee position, may continue to work on the Hetzel Recycling Project where she may have contact with a former subordinate who is now works for Hetzel on the Project. The Code of Ethics prohibits a substantial conflict of interest with a public official's duties such that the public official, a family member, a business associate, employer, or business that he/she represents would receive a direct monetary gain or suffer a direct monetary loss by reason of the public official's activity. See R.I. Gen. Laws §§ 36-14-5(a), 7(a). The Petitioner does not have a substantial conflict of interest under the Code of Ethics given that she does not have either a private business relationship or a familial relationship with the subordinate. The mere fact that the Petitioner formerly supervised an individual who now works in the private sector and who may have contact with him in her official capacity does not create an impermissible conflict of interest.

Code Citations:

36-14-5(a)

36-14-7(a)

Keywords:

Post-employment

Revolving door