Advisory Opinion No. 98-21

Re: Terrence M. Hassett

QUESTION PRESENTED

The Petitioner, a Providence City Councilor, a municipal elected position, who also is employed as a Workers' Compensation Fraud Prevention Unit Investigator at the Department of Administration, a state employee position, requests an advisory opinion as to whether he may serve in both positions simultaneously given that he may investigate the City of Providence or its employees as part of his state employment.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Providence City Councilor, a municipal elected position, who also is employed as a Workers' Compensation Fraud Prevention Unit Investigator at the Department of Administration, a state employee position, may work and serve in those positions simultaneously without violating the Code of Ethics. However, the Petitioner should recuse from participation as an investigator in specific investigations if the financial interests of the City of Providence are implicated. See R.I. Gen. Laws § 36-14-5(b) (No person shall accept employment that will impair his/her independence of judgment or require him/her to disclose confidential information.) Investigations by the Fraud Prevention Unit that impact the City of Providence are likely to result in an intersection of interests between the Petitioner’s responsibilities as an investigator and the fiduciary duty he owes to the City of Providence as a member of the City Council. When that happens, and when it is likely to happen, the Petitioner is required to recuse prior to participating in such investigations. Additionally, the Petitioner should complete a statement of conflict of interest before such participation and file it with the Department of Administration and with the Ethics Commission.

Code Citations:

36-14-5(b)

Related Advisory Opinions:

95-88

95-39

Keywords:

Dual public roles