Advisory Opinion No. 98-24

Re: Frank Corbishley

QUESTION PRESENTED

The Petitioner, the Executive Director of the Providence Community Action Program (PCA), an employee of a municipal quasi-public agency, requests an advisory opinion as to whether the Code of Ethics prohibits him from acting as the representative of the PCA in contract negotiations with Laborers' International Union of North America, Local 1033 (Local 1033) given that he is a member of Local 1033 and, therefore, has a direct financial interest in the negotiations.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics prohibits the Executive Director of Providence Community Action Program (PCA) from participating in contract negotiations with Laborers’ International Union of North America, Local 1033 (Local 1033) in which he has a direct financial interest. Under the Code of Ethics, the Petitioner may not participate in any matter in which he has a substantial conflict of interest and may not use his position to obtain financial gain for himself. See R.I. Gen. Laws §§ 36-14-5(a) and 36-14-5(d). The Petitioner is a member of Local 1033. Among the items subject to negotiation between the PCA and the union is the benefit package for all Local 1033 members, including the Petitioner. Because he will be a recipient of the negotiated benefits, the Petitioner has a direct financial interest in the negotiations, thereby triggering the prohibitions set forth in R.I. Gen. Laws §§ 36-14-5(a) and 36-14-5(d). Our conclusion here is consistent with General Commission Advisory No. 6, in which this Commission spelled out the general policy that public officials may not participate in discussions about or have any role in decisions or votes that affect their own compensation or benefits.

Code Citations:

36-14-5(a)

36-14-5(d)

Related Advisory Opinions:

GCA 6

96-21

95-52

Keywords:

compensation