Advisory Opinion No. 98-18

Re: Joseph Zenga

QUESTION PRESENTED

The Petitioner, an East Greenwich Zoning Board Member, a municipal elected position, requests an advisory opinion as to whether or not he should recuse himself from participating and voting on a petition by the American Legion, Post No. 15, regarding a land parcel given that the Petitioner is the intended purchaser of said parcel, assuming the petition is approved.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, an East Greenwich Zoning Board Member, a municipal elected position, should recuse himself from participating and voting on a petition by the American Legion, Post No. 15 regarding the conveyance of a land parcel, given that the Petitioner is the intended purchaser of said parcel.

The Petitioner represents that he and his wife own a parcel of land in East Greenwich and wish to purchase a neighboring parcel owned by the American Legion, Post No. 15. The Petitioner advises that, before the property can be conveyed to them, the American Legion may have to appear before the Zoning Board for special relief permitting the conveyance of a parcel of less than the minimum required acreage. Pursuant to Section 6 of the Code of Ethics, the Petitioner should recuse from participation in any matter affecting the American Legion, No. 15 and the subject property. Recusal is necessary because of the Petitioner’s personal interest in the property and the likelihood of his official activity affecting his private financial interests. See R.I. Gen. Laws § 36-14-5(a). The prohibitions of R.I. Gen. Laws § 36-14-5(e) do not apply here because the American Legion, rather than the Petitioner, is representing its own interests before the Board. Nonetheless, the Petitioner should exercise the notice and recusal provisions of the Code and file such recusal with his Board and the Ethics Commission.

Code Citations:

36-14-5(a)

36-14-5(e)

36-14-6

36-14-7(a)

Related Advisory Opinions:

96-112

96-61

Keywords:

Financial interest

Property interest

Recusal